14-100 Colleen M Lopez Community Development Block Grant consulting services OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408)777-3366
C U P E ITT I N® WEBSITE:www.cupi3rtino.org
June 9, 2014
Re: Community Development Block Grant consulting services
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
CITY OF
AGREEMENT
CITY OF CUPERTINO ��
10300 Torre Avenue
Cupertino, CA 95014 (`��
C U Pf RT i N o -777-3200 NO.���U 45��
THIS AGREEMENT, made and en e m o this 1';t day of July, 2014 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and
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: Provide
consulting services for the City of Cupertino's Community Development Block Grant (CDBG) Program.
Check box if services are further described in an Exhibit. x
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 July 1st, 2014 and
shall be completed no later than June 30, 2015.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A total
not to exceed Three Thousand and Two Hundred Dollars and No Cents ($3,200.00).
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 fees 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.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
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Coverage:
Contractor shall maintain the following insu=ce coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liabili
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $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: $500,000 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 gnuits 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 riglat 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,
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. City shall
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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: Ci1'�C��` ' ��'-1 c�.1 �2��
DEPARTMENT: � (A V�I�t�T
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. By:_ r.
Title: Senior Project Manager Title: W. ram ;Z l�
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT_
DATE \� Y $3,200.00
CITY ATTORNEY APPROVED AS TO FORM
DATE ( j 4--
CITY CLERK: ATTEST `
DATE (o
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Colleen Lopez Consultant Agreement
EXHIBIT A
City of Cupertino
Scope of Work
I am pleased to submit a Scope of Work to the City of Cupertino, Community Development Department for
fiscal year 2014/15. The following scope of work for fiscal year 2014/15 will include items related to HUD's
annual monitoring site visit requirements of the City's CDBG program. In addition, I will assist the City with
an update of the required CDBG Consolidated Annual Performance Evaluation Report (CAPER).
The following Scope of Work is meant to serve as a guide and adjustments/amendments may be made based
on future discussions with the City.
Responsibilities will include:
I. Conduct annual monitoring of the City's the subrecipients. Meet with appropriate subrecipient staff
members; review administrative, financial and project files; and complete monitoring reports and
letters.
IL. Assist with the completion of the City's CDBG Consolidated Annual Performance Evaluation Report
(CAPER).
Estimated Amount of Time to Complete Scope of Work
Task _ Cost Hours
L. Complete 2014
Monitoring of CDBG
Subrecipients $2,000.00 25
2. Annual CAPER report $1,200.00 15
TOTAL COSTS&HOURS
FOR ITEMS 1 & 2 $39200.00 4e.
Hourly Rate for Colleen M.Lopez- $80/hour
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