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13-167 MIG, Inc., Consultant Service to Provide Tree Ordinance Update Workshop Facilitation Services OFFICE OF THE CITY CLERK CITY.HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO October 30, 2013 MIG, Inc. 800 Hearst Avenue Berkeley, CA 94710 Re: Agreement Enclosed is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions or need additional ;information, please contact the Community Development Department at (403) 777-.3308. Sincerely, Dorothy Steenfott Senior Office Assistant cc: Planning Enclosure CITY OF AGREEMENT ° CITY OF C:UPERTINO 10300 Torre Avenue Cupertino, CA 95014 C U P E RT I N O /' % I ,� 408-777-3200 NO. J O �� Y THIS AGREEMENT, made and entered into this 22-1 day of October, 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and MIG Inc. 800 Hearst Avenue Berkeley, California, 94710, Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Tree Ordinance Update Workshop Facilitation Services. Check box if services are further described in an Exhibit. 17-1 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement commenced on October 22nd, 2013 and shall be completed no later than June 30, 2014. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A total not to exceed Three Thousand Nine Hundred Seventy Five ($3,975). California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend., and hold harmless the City and its officers, officials, agents, employees and. volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice,expert feet; and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1 of 3 Agreement—MIG, Inc,Tree Ordinance Update Workshop Facilitation Services I . Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily hljury: $500,000 each occurrence $1,000,000 aggregate- all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,00.0 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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, Page 2 of 3 Agreement—MIG, Inc, Tree Ordinance Update Workshop Facilitation Services Q-ontractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the v 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. City shall have no right of control as to the manner Contractor, performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: vino r\ DEPARTMENT: e, per.. L.. j CW 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. CONT . CT CITY OF CUPERTINO: By B _ Title Titlee: City Planner APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT DATE 110-7302-9329 $3975.00 CITY ATTORNEY: APPROVED AS TO FORM r DATE ON 13 �� J�D'�� CITY CLERK: ATTEST ,I DATE .' Page 3of3 Agreement—MIG, Inc, Tree Ordinance Update Workshop Facilitation Services Q® Exhibit A October 22, 2013 Aarti Shrivastava Community Development Director City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Reference: Tree Ordinance Update Workshop Facilitation Services Dear Aarti: Thank you for the opportunity to submit this proposal to assist the City of Cupertino with workshop facilitation related to the pending Tree Ordinance Update. The following Letter Agreement includes a scope of work and proposed budget for this project. We are happy to discuss any assumptions and details of this agreement, and make adjustments based on a better understanding of your desired level of effort for MIG. If you find the details of this Letter Agreement acceptable, signature of this letter will confirm the City's intent to retain MIG for the Tree Ordinance Update Workshop Facilitation services. MIG appreciates the opportunity to Authorized by: continue our work with you and the City! Please feel free to contact me with any questions at 510.845.7549. (Print Name and Title) Sincerely, 077 �f &-*A� 6. Signature Chris Beynon, AICP Date Principal City of Cupertino 1 Tree Ordinance Update Workshop Facilitation Services October 22,2013 ' MIM City of Cupertino Tree Ordinance Update Workshop Facilitation Work: Plan October 22, 2013 Scope of Work Task TO-1 : Presentation Coordination MIG will assist the City in preparing for the community workshop by reviewing and providing strategy input on a draft PowerPoint presentation. It is assumed that City staff will be responsible for preparing the content of the presentation and all formatting. MIG will review the draft presentation and attend a conference call with City staff to discuss any suggested changes. The conference call will also provide an opportunity for MIG and City staff to discuss overall workshop goals, desired outcorrles, strategy and logistics. Task TO-1 Budget _ Hours Rate Amount Chris Beynon, Principal 1 $210 $210 Dan Amsden, Project Manager 3 $135 $405 Total $615 Task TO-2: Workshop Facilitation and Graphic Recording MIG will facilitate one community workshop to solicit public input on major ideas and policy changes being contemplated as part of the Tree Ordinance Update process. The agenda for this workshop will include: an,update on the project, summary of materials produced to date, and a facilitated discussion on draft elements of the Tree Ordinance. MIG will provide one facilitator and one graphic recorder for this workshop. City staff will be responsible for securing the workshop location, printing and mailing announcements, preparing and printing all workshop materials (other than the wallgraphic recording), and providing refreshments. It is also assumed that at least one member of City staff will be available during the workshop to answer any technical questions that may be raised by the public related to the draft Tree Ordinance. Task TO-2 Budget _ Hours Rate Amount City of Cupertino 2 Tree Ordinance Update Workshop Facilitation Services October 22,2013 Chris Beynon, Principal 6 $210 $1,260 Dan Amsden, Project Manager 6 $135 $810 Total $2,070 Task TO-3: Workshop Summary MIG will prepare a brief summary of the workshop that will include a photo reduction of the wallgraphic recording and a summary memo of the major input and ideas received during the workshop. It is anticipated that the summary will be approximately four pages in length and developed in Word. Task TO-3 Budget Hours Rate Amount Chris Beynon, Principal 1 $210 $210 Dan Amsden, Project Manager 2 $135 $270 Jeff Liljegren, Project Associate 5 $110 $550 Total $1,030 Total Budget TaskTO-1 ...................................................................................................................... $615 TaskTO-2........._................._................................_................................................_..... $2,070 TaskTO-2................................................................................................................... $1,030 DirectExpenses........................................................................................................... $260 Total.......................................................................................................................$3,975 City of Cupertino 3 Tree Ordinance Update Workshop Facilitation Services October 22,2013