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04-015, Dolphin Design, Inc. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 No.{)ID,S-3 ??4- O~ -b I S" AGREEMENT BY THIS AGREEMENT, made and entered into on the 4th day of February , 20 ~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Dolphin Design, Inc. ~) Address 165 Cristich Lane Unit B City Campbell, CA kiP 95008 Phone 408 369-9992 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenant~~t~~Y>arties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Cupertino Library Aquarium EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on February 4. 2004 and shall be completed before October 31. 2004 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $65,000.00 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 including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for iets of Contractor in performing services described herein. due to negligence, errors and omissions Insurance: hould 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 Terry Greene DEPARTMENT Public Tllorks 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. CONTRAC~O~: ~ By r:j3~ ~4 Title II . ~ CITY OF CUPERTINO: ~itle J:~~ v Gold: Department -If ~ S~~~~ ~~ '---"":",~""-___lIl.,......-..I""; -~:,<~~_;.-,'i:!" . \_\~...:,., ,__.____........~"......-...- .....J;r. "-~''''-' //,/j"-"-,^~-~\ //ljJ~ (I iV" CUPEI\TINO"--.;-? II '7 I AGREEMENT ~ i- )......"\,.....J I NO I' if'}!,I ... ") '7~' / I'~ .1. ,1.: ./ 1../,,,,_-1 .,...,# " 'r",,"'; CITY OF CUPERTINO 1 0300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 '::'7y' () .j - 1! 4- f . ",' V I BY THIS AGREEMENT, made and entered into on the .:11:0. day of June , 20~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) 'Bart Fe,Delio (2) Dolphin Desi.~n Address 165 Gri.stich Lane. Unit B City CampheJ J. CA Zip 95008 Phone (4.03) 369-0902 (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: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit a-Scope or ~\fork TERMS: The services and/or materials furnished under this Agreement shall commence on and shall be completed before October 31. 2004 .Ju.n.e 1.~. 2()(;4 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: .&:mount to c:?:ceed ~i85 ~ 000. (JO 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 a liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreeme '. be liable for acts of Contractor in performing services described herein. ( ~ due to negligence, errors and emissions Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of In any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Ad Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement b 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 Terry Greene. DEPARTMENT Pub,lie. hTorkc, 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. :~NT~~./~~ :~TY ;;::~:NO: [, 1/.../ TI'tle (J...r.,_'~n _....0..... Title ?.%L.'M'_4~ L ;-,...~ J..rchitect Soc. Sec. # ~.~ i :t i) APPROVALS ' f i ,(~. D~:PENDITURE DISTRIBUTION DEPARTMENT HEAD F (/.' ../, DATE I -" l ,..... ACCOUNT NUMBER AMOUNT "__'~ I c.t '"-, '~,/~ I \C:;, I, L..J ~ (, ~:::; :r() n (, () CITY CLERK (/DATE I kl )~' \...../ // 'f White: City Clerk Green: Finance Yellow: Contractor i Pink: Receiving Gold: Department *-~ ~~'.~ ~ BART FENOllO Custom Aquarium Designer 6-3-04 City of cupertino Mr. Terry Green, Senior Architect 'RE: Scope of work and Schedule of Aquarium Installation. June 17th, delivery of a~uarium to cupertino Library. June 22nd to August 5th. installation of equipment and aquarium plumbing. August 6th to August 13th. fresh water testing of all aquarium systems. August 16th to August 20th. mixed salt water, all equipment in operation. September 1st to September 30th. introduction of test fish. October 15th to October 29th, starting to add additional fish. ".DolPhin D~Si ~ .~~~ Bart Feno io P.O. BOX 607 Cl SARATOGA, CA 95071 e (408) 369-9992 · FAX (408) 369-0680 AGREEMENT :1' (/ O'1~D L7 a~---; '1 'J/ :7 il BY THIS A .. MENT, made and entered into this 1st day of November, 2004, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Dolphin Designs, AU.: Bart Fenolio, Owner, Address 165 Cristich Lane, Unit B, Campbell, CA 95008, Phone: (408)369-9992 (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: Provide Aquarium Maintenance at the Cupertino Library for Five Years CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 03/936 NO. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A - Scope of work TERMS: The services and/or materials furnished under this Agreement shall commence on November 1, 2004 and shall be completed before October 31, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump Sum of $1,350.00 per month payments 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 performing services described herein. 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: Terry W. Greene, AlA DEPARTMENT: Public Works 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. By Ter S'{ , - !;, ....,f S'CJ /3> tl4- 11fIOl"b AD - AMO T $81,000.00 Aquarium Maintenance Outline Scope of Work for 5 years EXHiBIT A November 1, 2004 through October 31, 2009 This Outline Scope of Work covers the services that will be provided to the City of Cupertino by Dolphin Designss in the ongoing maintenance of the Aquarium in the Cupertino Library. Fred and Anne Chan donated the Aquarium to the residents of Cupertino and it was their wish that the Aquarium be designed and maintained by Dolphin Designs. The Chans also donated $81,000 to the City for the full Five (5) years of maintenance to be paid out at $1,350 per month beginning on November 1,2004 and ending on October 31, 2009. Point of Contact Bart Fenolio, Owner Dolphin Designs 165 Cristich Lane, Unit B Campbell, CA 95008 (408) 369-9992 office 408 221 2201 cell Terry Greene City Architect 10300 Torre Ave Cupertino, Ca 95014 408 777 3248 office 650799 1837 cell terryg((V,cupertino.org 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 Designs 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 Designs 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 reasonable time, will have a detrimental effect on the life of the animals in the Aquarium or its overall appearance. Dolphin Designs 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.