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11-102 DEBORAH ELLIS, CONSULTING ARBORIST & HORTICULTURIST, STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 PROJECT: ABORIST SERVICES AGREEMENT • • CITY OF CUPERTINO � 10300 Torre Avenue %a ' / �� 0 Cupertino, CA 95014 C) CUP tti 140 �V / 408-77F7 [/ 7-3200 NO. V!/ 574-7 �f'l7 BY THIS AGREEMENT, made and entered into this 6 day of ,2.011, by and between the CITY OF • CUPERTINO(Hereinafter referred to as CITY) and Deborah Ellis, Consulting Arborist 8 Horticulturist; Address: (Hereinafter referred as CONSULTANT), in consideration of their mutual covenants,the parties hereto agree as follows: CONSULTANT shall provide or furnish the following specified services and/or materials: Stevens Creek Corridor Park and Restoration Phase 2 Project: Arborist Services EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A TERMS: The services and/or materials furnished under this Agreement shall commence on September 22,2011 and shall be completed before December 31, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:Not to Exceed $4,000.00 to be paid on a Time and Material Basis without written approval from the City of Cupertino 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.A. Claims for Professional Liability Where the law establishes a standard of care for Consultants professional services, and to the extent the Consultant breaches or fails to meet such established standard of care,or is alleged to have breached or failed to meet such standard of care,Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement, indemnify,defend, and hold harmless the City and its officers, officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of Consultant or Consultants employees,officers,officials,agents or independent contractors. 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. Consultant 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. B.Claims for Other Liability.Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement indemnify, defend,and hold harmless the City and its officers,officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees,officers,officials,agents or independent contractors.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. Insurance. Should the City require evidence of insurability,Consultant 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant 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: Gail Seeds, Park Restoration and Improvement Manager, 408-777-1334 ENTERED 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. CONSULTANT: CITY OF CUP RTINO: �i ` • By � Ilk�. By ' c. t 6 I S ; • Name: ,�— , i', ��;1._ - .1 ' Gail Seeds Title p rr j 19(424J APPROVALS EXPENDITURE DISTRIBUTION NT HEAD DATE ACCOUNT NUMBER AMOUNT r— // 427-9134-9300 $4,000.00 CITYC LJs oficiDATE /0/// /1, (1/42/4` , Nen-Design Professional Agreement RECEIVED PUBLIC WORKS DEPARTMENT OCT p 4 2011 ' wren V11-9 •for Taxpayer Give form to the Ineer..lrvars2oo7 Identification Number and Certification requester. Do.not Cw>•'Mid en eromarwy send to the IRS. Ince el ae.mw£Arita of tune res ahem on yew nccme tax rebr:O Deborah L. Ellis a Surrcsa nen,it dinerem inn above Deborah Ellis. MS. Consulting Arborist & Horticulturist. LLC Indi,:suilr LLGe Exotica from tta_.vp , d•.ek app,gpmat ta b ® Sea p renew: .Oceanian= [:Ipamararif: ® Mtir ► ❑ osilhntiolna !Woes,gxrrtxr.sweet-end alit.a Ste rust Peaces n's name and acdrns I,PtgnSI Cl, oty.stsr at DP aide CO 1:1:4 5:40‘1111 uroenbl Me(optional u agra (l Taxpayer Identiliiaatian Number (TIN) Enter your TIN In the appropriate box.The TIN wedded must match IRs name Oven on line 1 to avoid Social unintry number LUckp withhofdhxt. Fa rnnsvldu&e,this is your social security number(SSNi. However, fora reeidem ells).sole proprietor.or aiisreeatded entity, see live Pail I insuucticns en Pape 3.For other entitles.It is your emplafer Identification mmnIx4(IEINI. It you do not have a number.ere Fiow to oaf a Mon page 3. or Note..It the accamr rs fn hone rte One RMpe, $ae 11e Pharr 04 pays 4 fef ni.If1ines on, LHraad monger Emptorer ieon:inwtlon number to enter. 1 1 1 . 1 11 1 1 Iriart IIS Certification Under penuries of serluY, I certify thee I. The number:Sown on this roam is my correct taxpayer identification ntmbor(or I am usng far a nirnber Iota iosuod to snob and 2. Ion ml gttject to backtp rrfthhokfinq because: fat I am exempt from backup xithholdng,or(NI have not boon notified by the Internal Revenue Service(IRS,that I Orn subject to bocktp withholding as a reultol a:ailuro to report all,interest at dMdends,:er lc!the IRS hos notified me that I am no lanae:abject to baclu.p withholding, MCI 3. I am a U.S. parson 5ncluding a U.S.resident alien). Satirisation instructions.You must cross slat item 2 above it you have boar notified br the IRS that you are etrrenttywltocl to backup xithhcldilg betas.,you have failed to report at interest and dividends on your lax return.For real estate Irensactions,item-2 does ml apply. For ntlartpa(Ie Interest paid•acquisition or abandonment o1 sectred properly, caicefallon Or debt, anm:tu tees to en IndMdu&red-emelt arrangement(IRlQ,and.oeneraly,payments other than Interest and dyidendd you are not requhedto sign the Certification.but you must provide year correct TIN.(See theiI�nsenroUarea on page 4.1 Hank us. ero �i._Il _�.® Q _ gyp . [ D,sv Here U.rr personoc ► , ago Vf�l�/ kis C+�/l/uCi mm ► January 1, 2411 Purpose of Form A parson who is reequirccl to file an information return with the • Any estate(other than a foreign estate) or trust. See IRS, must ebrah your coil o t taxpayer ldentltleatien rxrnber Regulations sections 301.7701.6441 end 7(a) to addithnal (TIM to report. for example, Income paid to you, real estate Formulation. transactions, mvItJn;3e interest you paid, acquisition or Foreign person.If you are a foreign person.do not use abandonment of secured property,cancellation of debt, of Form W.9.Instead, use the appropriate Form W4 (see ccnsibuiiorra you made to an IRA. Publication 515.Vi&hholding of Tax on Nonresident Aliens U.S. parson.Use Form Wr3 only it you are a U.S.person and Foreign Entities), 'including a resident alien),to provide your correct TIN to the Nonresident alien who becomes a resident anon. person requesting k(therequeste) end, when applicable, to: Generally, only a nonresident alien Individual may use the t. Certify Chet the TIN you are•giving is correct{cr you are terms of a tax treaty to reduce or eliminate U.S.tax on wailing for a number to ho issued). certain types of income, However, most kix 1riatioscontan a . 2. Certify that you are rot si1I5(eCt to batkulS.wiUthokihn, piovlshn kr/min as a "s s' g clause." Exceptions speottbd, n the..saving clause may permit,an exemption from tax to or continuo for certain types of income even after the recipient 3.Claim exemption from backup withholding It you are a has otherwise become a U.S. resident alien for tax prpases, U.S. exempt pease_ fl you are a U.S.resident alien who le relyig On an Note.If a requester glias you a form attar than Form W-9 fe exception ccnralned In the saving clause of a tax treaty to request your it4,;tai nest use the requester's farm it k is claim an exemption from U.S. tarok cartsin types of income, uSubstarrMany sit to this Flim W,4. For fodetat tax purposes you era considered a parson it you folw n ollogtfiattach a ve Itemsstatement to Form W-9 that specifies rho are: 1. The treaty country. Generally, this must be the same • An Individual who Is a citizen or resident of the United treaty under which you cloimad exemption from tax as a Slates, nonrosidont arun. • A partnership, corporation,company,or association 2. The treaty article addressing the ir:ome. created or organized N the United States or tr'ndt' the taws' 3. The elide number(or location) In the tax treaty Ilial of the United States, or contains the saving clause and its exceptbns Cat.M. wear: Font W-9 mei. woos)