09-043 Froyo-QAGREEIMENT
CITY OF CUI~ERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
No. 0~~825
BY THIS AGREEMENT, made and entered into this 22 day of April 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Froyo-Q„ Inc., Eugene Lee; Address: 10123 North Wolfe Rd.,
Suite 2119, Cupertino, CA 95014; Phone: 408-489-60211; a-mail: frovop(a~yahoo.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:
Concession Stand Operational Upgrades
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: 'Exh;b~} A
TERMS: The services and/or materials furnished under this F~greement shall commence on April 22, 2009
and shall be completed before September 30, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump Sum Not to Exceed $125,000.00
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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in perforrning services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall 191e with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of Cit~~'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 sflall be:
NAME: Terry Greene
DEPARTMENT: Public Works Department
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:
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Title
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APPROVALS
CITY OF CUPERTINO:
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Title: Terry Greene, AIA, City Architect
ExPENDITURE DISTRIBUTInN
A E H ..D TE -----------------
c` R
A NT
~' ~ 28 ~ ~ 4;t7-9112-9300 $ 125,000.00
C CLE K DA E lO~,
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Exhibit A
Agreement with Froyo-Q Inc., Eugene Lee
Contractor further agrees to perform all the necessary sanitary improvements required by
the County Health Department to enable full operation of the Concession Stand by July 4,
2009. If the exhaust hood over the grille cannot be installed and fully operational in
accordance with the County Health Departmer.~t and the County Fire Department,
Contractor will work with City to provide an alternative means to cook and serve grilled
or fried food to patrons on July 4, 2009.
April 22, 2009
Public Works Department
OFFICE OF THE CITY CLERK
CITY HALL
CUPERTINO
Apri129, 2009
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3:23 • FAX: (408) 777-3366
W EBSITE: www.cupertino.c>rg
Froyo-Q, Inc
Eugene Lee
10123 North Wolfe Road, Suite 2119
Cupertino, CA 95014
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure