14-118 Shute, Mihaly & Weinberger for CEQA training for Community Development and Public Works 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 RT 1 N® WEBSITE:www.cupertino.org
July 1, 2014
Shute, Mihaly & Weinberger, LLP
396 Hayes St
San Francisco, CA 94102
Re: Agreement for contract 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
CUPERTINO 408-777-;3200 NO.
THIS AGREEMENT, made and entered into this 23ra day of June, 2014 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and ShutEL Mihaly & Weinberger, LLP, 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: California
Environmental Quality Act (CEQA) training for Community Development and Public Works staff.
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(June 23rd, 2 14 and
shall be completed at a date to be determined. --
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: a total not
to exceed Five Thousand Dollars($5,000).
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 th 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.
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Agreement-Shute, Mihaly and Weinberger for CEQA Training
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 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 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,
Contractor shall be deemed to be an independent contractor. and Contractor is not authorized to bind the
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Agreement-Shute, Mihaly and Weinberger for CEQA Training
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, aws, and the City business license ordinance.
Changes: No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Aarti Shrivastava,Assistant City Manager _ DEPARTMENT: Community Development
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:6.
By roue By
PU Title �I �C, �� 1���l�� '� Title: Assistant City Manager
Lt 1—
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
110-7301-7011 $4000.00
CITY ATTORNEY APPROVED AS TO FORM,:: 110-7302-7011 $1000.00
DATE I`Z�- I y
CITY CLERK: ATTEST DATE PO
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Agreement-Shute,Mihaly and Weinberger for CEQA Training
b
f
Exhibit'A
Scope of Services and Compensation
Scope of Services: Consultant shall provide California Environmental Quality Act (CEQA) training as
requested by City for up to 25 staff in the Community Development and Public Works departments in
Cupertino, (the "Project").
Staff assigned to the Project by Consultant shall be preapproved by the City of Cupertino Assistant City
Manager, and shall be removed immediately upon City's request and replaced with an approved substitute.
Compensation:
City shall compensate Consultant for professional services in accordance with the terms and conditions of
this Agreement based on the rates and compensation schedule set forth below. Compensation shall be
calculated based on the hourly rates set forth below up,to the not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services described under section 1
of this Exhibit and reimbursable expenses shall not exceed a total of FIVE THOUSAND DOLLARS ($5,000).
Any work performed or expenses incurred for which payment would result in a total exceeding the
maximum amount of compensation set forth herein shall be at no cost to the City.
Rates:
Total for instruction not to exceed$5,000
Title: California Environmental Quality Act(CEQA) Training
Invoices s h`
In order to request payment, Consultant shall submit an irw ce t e ITY describing the services
performed and the applicable charges (including a summary of work p"erformed during that quarter,
personnel who performed the services,hours worked, task(s) for which work was performed).
Reimbursable Expenses
Professional fees for CEQA training session plus any travel time or meeting attendance, etc.
Additional Services
Consultant shall provide additional services only by advance written authorization from the City's Project
Manager prior to commencement of any additional services. Consultant shall submit, at the Project
Manager's request, a detailed written proposal including a description of the scope of additional services,
schedule, and proposed maximum compensation.
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Agreement-Shute, Mihaly and Weinberger for CEQA Training
Cupertino CEQA Training
Scope of Work
Shute, Mihaly and Weinberger, LLP will offer a training on the California Environmental
Quality Act ("CEQA") for City of Cupertino plal:Lning professionals and other city staff. The
scope includes the following:
• Training from 10 am -3 pm on August 5'y' in Cupertino.
• Location to and all on site arrangements to be made by City staff.
• Materials for up to 25 participants.
• Presenters are Ellen Garber, JD, AICP, and Carmen Bog, AICP
• Workshop will provide training on the California Environmental Quality*Act (CEQA) for
planning professionals and other city staff. The-training will focus on strategies for
preparing CEQA documents in the face of legal uncertainties.
• The cost of the workshop will be billed as time-and-materials but will not exceed $5,000.
43721.1