07-014, Arbor Resources, David Babby
AGREEMENT
07-0/Lj
RECEIVED FEB 0 5 2007
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.
BY THIS AGREEMENT, made and entered into this~day of February, 2007. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Arbor Resources. David Babby (2)
Address: City: San Mateo Zip: Phone: (
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Consulting Arborist Services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Fee Schedule
COMPENSATION: F r the full performance of this Agreement, CITY shall pay CONTRACTOR:
See attached fee schedule.
erials furnished under this Agreement shall commence on February 1. 2007
TERMS: The services and/or
and shall be completed
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein. .
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because
of the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Ciddy Wordell
DEPARTMENT Planninq Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
By: Ciddy Wordell
Title: City Planner
EXPENDITURE DISTRIBUTION
110-2211
FEE SCHEDULE
. Site Investigations and meetings (one-hour minimum)
$
Additional Cost Information
· Materials and expenses are billed at approximate cost plus 25-percent.
· All time is billed in 15-minute increments.
· Every effort will be made to minimize travel time by grouping jobs together.
· All work related to litigation will be invoiced at rates much greater than what is
specified above (these will be provided upon request or when the need arises).
Terms ofPavment
· Payment for services rendered is due within 30 days from receipt of invoice. In the
event of a default in payment, the City of Cupertino agrees to pay Arbor Resources for
all costs incurred during the collection process.
· Invoices are submitted every 30 days and/or upon completion of assignment.
Report Preparation Time
Approximate report preparation time for a simple (1-2 tree) evaluation shall be 14 days.