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09-127 Dolphin Design, Genaro HendrySep 15 09 09:50a Dolphin Design [4081 369-0680 p.l AGREEINIENT ,~ 3ii~ CITY OF CUF'ERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 :3200 ~Y©~/~o~ No. D7fa.~~~~~, .-~ BY THIS AGREEMENT, made and entered into this 9Q th clay of September , 2009, by and between the CITY OF CUPERTINO (Hercin~ftcr referred to as CITY) and Dolphin Llesign, Genaro Hendry, Owner Address: 165 CristiCh Lanc, Campbell, CA 95008; Phone: 408-369-9992; Cell: 408-605-3305; o-mail: dalphindesionCa~sbcolobaLnef Hereinafter referred :?ts CONTRACTOR), in consideration of their mutual eoven2nis, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the follow[ng sperlfled services and/ar materials: 5 year Maintenance S©rvlcos for the Frod Chan Aquarium at the Cupertino Library EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit "A" TERMS: The services and/or materials furnished under this P,grecment Shall Commence on November 1, 2009 and shall be eompleied before Oetober 31, 2014 .~` COMPENSATION: For the full performance of this Agreement, CITY shall pay C TRACTOR: Fixed Fee Not to Exceed a 1,35x.00 per month (~ 96,200.00 per year;; 5 Years S 87,000.00) without City Authorization California Labor Code, 5ectiDn 1771 requires the payment of prcvailing wages l0 aft workers employed on a Public Works Contract in excess of 51,000.00, GENERAL TERMS AND CONDITIONS Nola Harrntoss. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and al! damage and liability due to negligence, errors and omissions, Inclutling all costs of defending any clairn, caused by or arising out of the performance of this Agr©ement. City shall not pe liable for act9 of Contractor in performing services deacribad herein. ImSUranOe. $hpUld [hn Gity rpquirr,rvidenr;d of insurBlNlity, COntfttClnr al'tall lilt witl't City b Cefltficale Of IflSUfar1(x: befOfe COrllrttencing any Son+itai5 under lhi:; ngrcenrcnl. S:riil C~rlificalo Tall bo subject to the approval of City's Director of Admini6trative Services. Nom-Glscrlminatlon. No discrimination shall b9 made in the Omploymont .if pprsans under lfrl~. Agrt96ment Decau3e of ttte race, cpl0r, national origin, ancestry, religion or sex of such person. tnterost of Contractor. It Is understood and agreed that fhis Agreement is nt~t a contract of employment in the sense that the relalionshlp of master antl servant exists between City and undersigned. At all times, Contractor shall be deemed to be an intlepentlent contractor and Contractor is not ~rutftoii[ed to bind the City to any contracts or other obligations in executing this agreement Contractor certifies that no one who has or will haw any financial interest under this Agreement Is an officer or employee of City. Changes. This Agreement shall not he assigned or transferred without the written eensent of the City. No Changes or variations of any kind Are authorized without Ihn written consent of the Clty. CONTRACT CO-ORDINATOR and representative Tor CITY shall be: ENTERED 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. CONTRACTj,~R: CITY OF CUP -RTINO: ~µt:~--- _...... By fay Title .Q t-.'r~cr" Qd~ ~t'~,rn ncS,~ r. • Title: Terry Greene, AIA, City Architect Soc. Scc. # or Tax I.D.=~1'~ S~~~Z~ AAPR_OV LS EXPENDITURE DISTRIBUTION AR ~ H ~+T I ~' ~. ~ 1 ~ 0-8502-701 a $00.00 CI ~ DATE _~ j ~ q ._ __~_._..... _....~ __~ y _ ~ 0 ~ p ~yo9~o ~/off,- (' `//09- d/~,~io~ ~/3~c~ x~ /o,~, , ~~ d ~3~ ~Y / ~~~ ~ r %~, .zero- ~~ ~/i ~/~ - ~ °~3> Exhibit A AQUARIUM MAINTENANCE Scope of Services November 1, 2009 through October 31, 2014 Dolphin Design will furnish maintenance services for the Fred Chan Aquarium at the Cupertino library. Dolphin Design will charge $1,350 dollars per month for sixty (60) months. Point of Contact Genaro Hendry, Owner Dolphin Design 165 Cristich Lane, Unit B Campbell, Ca. 95008 (408)-369-9992 office (408)-605-3305 cell dolphindesign cr,sbcglobal.net Terry Greene, AIA City Architect 10300 Torre Ave. Cupertino, Ca. 95014 (408)-777-3248 office (650)-799-1837 cell terrygcr,cupertino.org Aquarium Maintenance Services Dolphin Designs' maintenance services will include all of the necessary time, materials, and expenses to keep the Aquarium equipment and rooms in good operational order, the fish in good health, the water clean, and the minimum number of live animals at 100. Dolphin Design will provide the City with the ,appropriate type and quantity of tank viewing window cleaning materials and written instruction sheets in both English and Spanish for use by City's contract janitorial service provider. Dolphin Design will be responsible for the timely replacement of all system components, including but not limited to, pumps, motors, piping, valves filters, heaters, coolers, and lights, whose failure is due to fair wear and tear or unexpected failure and whose failure, if not repaired or replaced in a reasonable time., will have a detrimental effect on the life of the animals in the Aquarium or its overall appearance. Dolphin Design will be fully responsible for the care and feeding of the animals in the Aquarium, but will be allowed to rely upon trusted volunteers to provide certain and specific feeding services, following coordination with and agreement by the Branch Librarian. Dolphin Design will check and feed the Aquarium 7 days a week. END OF EXl-IIBIT A CUPERTINO September 24, 2009 Dolphin Design Genaro Hendry 165 Cristich Lane Campbell, CA 95008 To Whom It May Concern: OFFICE OF THE CITY CLEF:K CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.or13 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