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08-087 Consulting Arborist & Horticulturist06/30/2008 07:30 4087251357 DEBORH ELLIS PAGE 02 GRiGi~iAL AGREEMENT CITY OF CUPERTINO 10300 Torr~3 Avenue Cupertino, (~A 95014 408-777.3200 032781 NQ_ BY THIS AGREEMENT, made and entered Into this 26th day of June, 2008, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and~debora'h Ellis, Consulting Arborlst 8. Horticulturist; Atldress: P.O. Box 3714, Saratoga, CA 95070-7774, Phone: 4019-725-'1357. (hereinafter referretl as CONTRACTOR), in consideration of theft mutual covenants, the parties hereto aS3ree as follows: CONTRACTOR shall provide or furnish the foilowing sDOCifie:d services and/or materials: Provide Arborlst consulting services for Stevens Creek Corridor Park Project, Phase 7A E. 16, on an On-Call Basis F~CHiBIT The foilowing attached exhibits hereb are made( part of this Agreement~~ D~~~O1--~1-~ ~llrs cvrv~_rr~- Czc~~g~ ~~ Sche.~oLu/~ TERMS: The services and/or materials furnished under this Agreement shall commence on June 30, 2008 and shall be completed before. December 37, 2008. ~ ~~./ 2.~-d , t d- / ~v~ COMPENSATION: For the full performance of this Agreernelnt, CITY shall pay CONTRACTOR: Maximum not to exceed of $10,000. payment to be made on a time and tnaterlals baste Csilifomia Labor Code. Section ('775 nsqulres the DaYment of prevailing vrayes to all workers employed on a Public Works eontraot in excess of at ,aov.vo. GENERAL TERMS AND CONDiT10N8 Nold Harmless. COn(fador agrHes to aaYO and hold hafts 1033 [h0 City, its officers, agOnts end employees from any and all damage and liabltity due t4 negligence, errorG and omissions, Includ1ng aft oOBt6 Of defendin8 any ctHtm. Caused by Or afl9ing OUt of the performance Of thts AgraemeM. City Bhali not be liable for aCt6 Of Contractor in p0rfomNng setvioas daacribed herein- tnsur8lnCO. Should the City requlro evidence of inaurabltriy, Contractor shall fife with City a Certificate of thsuranCe before COmmendng any services under this Aflre0mOnt. Saki Cartifiaate shall be subject to the approval of Cityb Director of Adminietiathro Services. Non-D[scriminatlon. No discrimination shag b0 made in the emplOymen~t of persons under this Agro~meM Uecause Of the race, color, nations! origin, anoeatry, religion or sez of sum person. lnteroat of Contr+ctor. It !s understOOd and agreed that thlS Agreement is no[ a COntfa¢t of employment to the sense that the ralatlonship of master and servant exists between Ctty and undersigned: At all times, Contractor shall be deemed to be an independent mntracfor and Contractor is not authortz+Bd to bind the City to any contracts or other obtlgatlons {n executing this Bgreement. Contractor certifies that no one who has Or wig have any Rnancial lnteraai undBf ihls Agreement i6 an oRicer or orrtplayae of Cky. Claantibet- This Agreement shat) not t7a assigned Of Vanaferred without the Wfitten consent Of the City. No changes or varfattOna of eny kind are a uthor'szad without tits wrirten consent of the Chy- CONTRACT CO-0RDINATOR and representative for CITY shah be: NAME: Terry W. Greene, AIA DEPARTMENT: Public Works 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 r ~ By Title ~~"- Te W. Greene, AIA, City Architect Soc. Sea. # or T I.D.: APPROVALS. .It / EXPENDITURE DISTRIBUTION T r © 427-9'It2-9300 10,(100.00 r ^Q / ITY CLERK E 8 ' /~~f~~T J v -... a v 06/30/2008 07:30 X1087251357 DEBORH ELLIS PAGE 03 FEE SCFIED LE (Rates effective l / J/2008, revised onnualJy each January, rev. J2/ 15/07) Deborah Ellis, MS. Consultiing Arborist 8. Worticulfurlst_ PO Box 37183, Sarptoga, CA 95070. 408-725-7357. Email: decah~pacbetl.net_ Web slte_ htFp_//www_decoh.com. Labor Rates: (biked in minimum increments of 15 minutes) $150.po per hour for all in and out-of-office work including travel portal tc~ portal. Twq hour minimum btllirag ner iob. Examples of work include: site visits 8. evaluations, research, report writing, phone, email or in-person correspondence, revisions to l~ian5 or documents and any other work done on the client's behalf for their job or case_ Per Diem rate $1200.00 per day plus Prove!/lodging expenses. • Atl expenses are charged at cost with no mark-up. Thera is no charge for car mileage. At[ Legal Work must be prepaid of letast one week in advance of work. A retainer fee is required, the [amount dependent upon thB circumstances of the case. I wilt supply the retainer faE agreement. After 30 days 50°b of the original retainer fee deposit is non- refvndabie. Non-deposition or trial testimony time and travel is charged of The $160.00 par hour rote_ Deposition and court tastin~ony is charged at $200.00 per hour (actual time in the hot seot)_ Per Diem rate iS $12(10.00 with [additional add-on for $200/hour deposition/court testimony time_ Minimun~ deposit required for deposition or trial (half day) is $800.00; full day $1 600.00, wish unused portion of funds returned to payer fhe day after deposition or trial testimony completed. A completed and atgned work avthorizoti~on/GOr[troct is required prior fo or upon commencement of work. D. Ellis will supply the contrvct unless otherwise agraed_ Rush WorK or After-Hours WorK (Before barn or after 6pm}, weekends or national holiday- odd 20% to the regular labor rote. IVata re addltiona) insured a d-on to my general buainee s and/pf automobile insurance policies: I have a iimi[ed number of additional insureds allowed on my pol~~cias at any one time. I may not be able to add your company (and/or individual) to my policies if I am "maxed ouY an additional insureds. I reserve the right to charge an additfonal $200.00 for each additional insured added to my insurance accounts, at the time of request. This additional $200 is not a part of my regular hourly rate.