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09-001 De Anza ServicesCITY OF AGREEMENT CITY OF CUPE:RTINO 10300 Torre Avenue ~} Cupertino, CP, 95014 C O P E RT I N O ~_ (408) 777-3200 NO. ~~~~~v FY 09-10 BY THIS AGREEMENT made and entered into on the 24th day of June, 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and De Anza Services, 101 First Street, Los Altos, CA 94022 (408) 246-7172. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specifies services and/or materials: Provide clean-up services at Blackberry Farm during the months of July 2009 through September 2009. EXHIBITS: The following attached exhibits hereby are madE: part of this Agreement: Exhibit A -Scope of Services; Exhibit B TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2009, and shall be completed on or before October 2, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed $10,000. ENTERED 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 of every nature, including all ~~osts 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 performing services described herein. Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY ~' 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. It is understood and agreed that this P,greement is not a contract of employment in the sense that the relation of master and servant exists between CITY and landersigned. 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 COORDINATOR and representative for CITY shall be: NAME: Tom Walter , Re re io?~i pervisor ,. DEPARTMENT: Parks & Recreation This Agreement sh I be o e 'effective upon i#s execu ion by CITY. In witness thereof, the parties have executed this Agreement the day a d y a firstwr~tt over. CONTRACTOR: ~,ti ,'~ ~,.-~_~ CITl' CUP RTINO: .~.o~ Title. City Manager TitIe~OC~ GJS yl~~-1 , ~~ ~ l7~'`~ y ~ APPROVALS EXPENDITURE DISTRIBUTION / DATE DEPARTMENThI ACCOUNT NUMBER AMOUNT ~;~ ~- "~//~~ 110-6220-7014 $10,000 CIT L RK '- DATE 7_/ _o~ ~1 ~ - ~ ~~~ EXHIE3IT A Scope of Services Regular weekly clean up of all bathrooms, showers, and concession stand at Blackberry Farm. This service will be performed six days per week, Tuesday through Sunday, starting at 8:OOpm. Supplies such as hand towels, toilet tissue, suit covers and hand soap are not included and will be charged based on consumption. 2. Regular clean up of the Blackberry Farm office k~uilding. This service will be performed two days per week, Wednesday and Sunday. Supplies such as hand towels, toilet tissue, seat covers and hand soap are not included and will be charged based on consumption. 3. The City may request additional cleanings when necessary, for an additional fee. EXHIE3IT B 4. The City reserves the right to terminate this Agreement with 30 days notice. The Contractor may terminate this Agreement with a 30-day written notice. 5. The Contractor shall comply with all appli~~able Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, F.I.C.A. laws, and the City business license ordin~~nce. CUPERTINO July 9, 2009 De Anza Services 101 First Street Los Altos, CA 94022 To Whom It May Concern: OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cuF~ertino.org A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Parks and Recreation department at (408) 777-3110. Sincerely, CITY CLERK'S OFFICE Enclosure