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15-199 Losee's Gosse Control, LLC, Geese Management services at Memorial ParkCITY OF El CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 BY THIS AGREEMENT, made and entered into this 23rd day of November, 2015 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Losee's Gosse Control, LLC, Address: PO Box 34, San Lorenzo, CA 94580; Phone#: 510-276-2271; email: retta@loseesgoosecontrol.com (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: Furnish non-lethal Canada Geese management seNices at Memorial Park through the use of trained handlers and trained Border Collies. The service schedule will be two visits per week, Monday through Friday with visits occurring at varying times during the week. Saturday, Sunday and major holidays are non-work days. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Goose Management Service Agreement. dated November 18. 2015 for reference. TERMS: The services and/or materials furnished under this Agreement shall commence on November 23rd, 2015 and shall be completed before June 30th, 2016. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $750.00 per month. Total compensation limited to no more than $5,000.00. 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. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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: Brian Gathers DEPARTMENT: Public Works Grounds Division 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: ByjZ~ Name: ~ CITY OF CUP~ERTl!l!LO:_, By _/L _____.,.. Name: Roger Lee Title Qwner Soc. Sec. # or Tax I. otfilJ-i(o ~q::r 'W Title: Assistant Director of Public Works Contractor Agreement APPROVALS EXPENDITURE DISTRIBUTION 100-84-813 700-702 $5,000 Contractor Agreement GOOSE MANAGEMENT SERVICE AGREEMENT GOOSE CONTROL This agreement is by and between Losee's Goose Control, LLC (aka: Losee's Services), hereinafter called Provider, and City of Cupertino, hereinafter called the Customer. NOW, THEREFORE, the parties agree as follows: 1. SCOPE OF WORK: The Provider shall furnish non-lethal Canada Geese management services at Memorial Park in Cupertino, CA through the use of trained handlers, trained Border Collies to push the geese up and out. The service schedule will be one visit 2 days a week, Monday through Friday. Visits days and times will vary each week. Provider observes all major holidays. Saturday and Sunday are non-work days. ·f-L, 2. TERM, TERMINATION AND CANCELLATION: ll/;i,0(15'-fo{'lO /11,, The term of this agreement shall be 6 months. The agreement will commence on.DeGimher l,-~-thr-C}~--31~.-Either party may terminate this Agreement sooner by providing no less than thirty (30) days written notice. At the time of such notice of termination, Provider shall continue daily visits as if such notice of termination had not been given. The services should continue during the thirty (30) day notice period unless Provider and Customer agree to end the contract sooner. 3. COST: The Customer shall pay the Provider the sum of Seven Hundred and Fifty dollars ($750.00) per month for the term of the agreement. Provider will invoice the Customer on the first of each month. Payment is due 30 days from the date of the invoice. A late fee of 1.5% will be charged after due date. 4. INSURANCE: Provider will maintain all insurance during the full term of this agreement. Provider carriers the following insurance/limits: General Liability: $2,000,000 per occurrence, $4,000,000 general aggregate. Automobile Liability: $1,000,000 per accident Worker's Compensation: $1,000,000 per accident Provider will obtain higher limits ifrequired by the customer. GOOSE MANAGEMENT SERVICE AGREEMENT GOOSE CONTROL 5. GENERAL INFORMATION: • Provider follows the U.S. Fish and Wildlife Service and California Fish and Games hazing/harassment rules outlined for Wild Canada Geese. • The Customer will provide keys or access control cards to areas that will be serviced by the Provider. • Handlers will wear distinctive red shirts and the dogs will wear red vests. Each garment will have "Losee's Goose Control" clearly imprinted on it for easy identification. Vehicles will also be identified with company signs. • Provider's dogs are highly trained to chase geese. They are well behaved and friendly. • Handlers will carry cell phones at all time. Telephone numbers will be made available so that the Handler and Customer can communicate directly. • Provider will keep comprehensive records of activities including dates and time of service, estimated number of geese encountered. These records will be available to the customer on a monthly basis upon request. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. November 18, 2015 (.) ~ Date: 'ReftwL~ <9Wvte-V '\:-l Losee's Goose Control By: ____________ _ P.O. Box 34, San Lorenzo, CA 94580 Office: 510-276-2271 Title: -------------Ce 11: 510-750-6692 Fax: 510-247-1816 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NX/;iE:'."'' Bruce Roberts Freeman Insurance Services, Inc ritJ8NJ0 Ext\: (510) 528-2700 I r..c~. No): (510) 528-2708 1035 San Pablo Ave. #1 E·IVll-\1~ bruce@freemaninscompany.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Albany CA 94706 INSURER A: Mesa Underwriters 36838 INSURED INSURER B: Sentinel Insurance Company, Ltd 11000 Losee Goose Control INSURERC: Twin City Fire Ins Co 29459 P.O. Box 34 INSURER D: INSURER E: San Lorenzo CA 94580 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1w; TYPE OF INSURANCE INSD WVD POLICY NUMBER 1Mlvllil'6Tv'Vv'Y) !MM/001Yv'Yv) LIMITS .L COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 D CLAIMS-MADE GZI OCCUR '-'•UVl .. ..._.L... V ~L..I CU $ 300,000 PREMISES (Ea occurrence) MED EXP (Any one person) $ 5,000 -A x MP0004009001471 7/8/15 7/8/16 PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ DPRO-DLOC included POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY ':SINbLI:: LIMI $ 1,000,000 (Ea accident) - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED Gl SCHEDULED B AUTOS AUTOS 2002179380 7/8/15 7/8/16 BODILY INJURY (Per accident) $ -NON-OWNED HIRED AUTOS AUTOS (P~'r'~2°~id~~t\"'IVIM<>c $ -- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION J'I STATUTE I IE'Rn-AND EMPLOYERS' LIABILITY Y/N c ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A 57WECDH4756 7/1/15 7/1/16 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino "City" and its directors, officers, engineers, agents & employees, and all public agencies form whom permit will be obtained and their directors, officers, engineers, agents & employees, and the State of California and its officers, agents, employees, are hereby declared to be additional insured under the terms of this policy, but only with respect to the operations of the contractor, at or upon any of the premises of the city in connection with the contact with the city or acts or omissions of the additional insureds in connection with, but not limited to its general supervision or inspection of said operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Avenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 6Jr~·~ Attn: Roger Lee I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD