87-045 De Anza Building Maintenance, Contract for Janitorial Services, Project No. 90-109 •
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a° , l Citi of Cupertino
10300 Tone Avenue P.O.Box 580
Cupertino,CA 95014-3255 Cupertino,CA 95015-0580
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Telephone: (408)252-4505
FAX: (408)252-0753
OFFICE OF THE e111 CLERK
September 3, 1992
Joe Casteneda
DeAnza Building Maintenance
3031 Tisch Way
San Jose, California 95128
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino, 1) DeAnza Building
Maintenance and 2) Joe Casteneda which has been fully executed by City
Officials.
Your agreement shall begin on 08/21/92 and shall be completed before
06/30/93.
Thank you for your services.
Sincerely,
e5
DOROTHY CORNELIUS
CITY CLERK
DC/cs
encl.
cc: Diane Snow
Department of Parks & Recreation
G u p 110-6545-716 �7 DSS
a4 F� AGREEMENT
r Not to excee 3,099-B9
po•UO
CITY OF CUPERTINO ` I'S
ti f) (±, ° 10300 Torre Ave.
. r '• Cupertino, CA 95014
252-4505 0 2 5 8 0 6
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7LIF0gr NO.
BY THIS AGREEMENT made and entered into on the 21 day of August 19 92
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 3031 Tisch Way City San Jose. CA Zip 95128 Phone (408) 246-7172
(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:
Refer to Exhibit A
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A (Services)
TERMS The services and/or materials furnished under this Agreement shall commence on August 21, 1992
and shall be completed before June 30, 1993
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: As outlined in
EXHIBIT A, #4: including same compensation for Council waived fees.
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 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 relation 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 Diane T. Snow DEPARTMENT Parks and Recreation
This Agreem••t st all become effective up.• 'ts execution by CITY, in witness thereof,the parties have executed this
Agreeme - •Ey -•: year first writte .boyo-.
CONT i y� ,� CITY OF CUPERTINO:
By /1 A i I - -- By & ?
Title OiWations - ana:er Title Recreation Supervisor
Soc. ••c.# '• —
•
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
C . c M e%) //0 - drys 7I.6 /,Soo.oa
CIN cL.• DATE
CITY CLERK COPY
EXHIBIT A (Services)
1 . The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms and cardroom following
private permits at Cupertino Senior Community Center.
B. Wet mop Multipurpose room, kitchen and bathroom floors, (Lobby if
necessary - non-alcohol permits) . ,
C. Strip and wax Multipurpose room floor - permits serving alcohol.
(Wet mop kitchen, bathroom and lobby floors if needed.)
D. Clean counters, empty trash, stock paper supplies, and vacuum where needed.
2. The times and places CONTRACTOR will perform the services:
A. As schedule demands.
The number and eligibility of persons to receive the services:
A. N/A
4. Fee to CONTRACTOR for services:
A. Senior Community Center . Multipurpose room/kitchen (without alcohol)
One hundred thirteen and 25/100 dollars. ($113.25)
B. Senior Community Center - Multipurpose room/kitchen (with alcohol)
Two hundred eight dollars. ($208.00)
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110
City' of Cupertino
10300 Torre Avenue P.O.Box 580
Cupertino,CA 95014-3255 Cupertino,CA 95015-0580
Telephone:(408)252-4505
FAX: (408)252-0753
MICE OF THE CITY CLERK
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July 8, 1992
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DeAnza Services, Inc.
3031 Tisch Way •
San Jose, California 95128
•
We are enclosing to you for your files and information one (1) Dopy of the
Agreement by and between the City of Cupertino and DeAnza Services, Inc.
which has been fully executed by City Officials.
Your agreement shall begin on. 07/01/92 and shall be ocupleted before
06/30/93.
•
Thank you for your services.
Sincerely,
• e
,//,r�
DOROTHY (fCORNELIUS •
CITY CLERK
DC/cs
encl.
cc: Parks and Recreation Dept.
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04 CUPS AGREEMENT
. ,..,„44
T CITY OF CUPERTINO
o
r10300 Torre Ave. FY 92-93
. Cupertino, CA 95014 c t�
09L dr 252-4505 NO.0 Z 5 7 I 2
IF0R
BY THIS AGREEMENT made and entered into on the 15 day of June 19 92
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Services, Inc. (2)
Address 9031 Ti sell Wy. City San .Tose Ca Zip 95128 Phone 246-7179
(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:
Special cleaning of Quinlan Community Center after private permits.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement: none
TERMS The services and/or materials furnished underthis Agreement shall commence on July 1. 1992
and shall be completed before June 30, 1993
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: .
Not to exceed $225.00 each cleaning
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 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 relation 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:
x
NAME Julia Lamy DEPARTMENT Parks & Recreation
This Agreement shall become effective upon its execution•by CITY, in witness thereof, the parties have executed this
Agreement the da and year first written abovw.
CONTRALTO': li / CITY OF CUPERTINO:
x Sy . I Ai 0.4 ` By
x x itle Prestd-�" T Recreation Superv' or
Soc. Sec. #
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD . DATE ACCOUNT NUMBER AMOUNT
�! 2-1/12- 110-6265-761 .00 12.000.00
CIN CLE: D 72...................._1,4r
f 4
2 CITY CLERK COPY
a
CERTIFICATE OF INSURANCE 11/12/90 _
T-PROOOCER r TRIS-CERTIFICATE-IS-ISSOEO-AS A NATTER-OF-INFORHATION-ONC9-AND"CONFERS__ T
I FOLCK-WHITE INS. SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
I EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1 1361 S. WINCHESTER BLVD.
I SAN JOSE„ CA
95128 COMPANIES AFFORDING COVERAGE
PHONE408-984-2000
INSURED COMPANY LETTER A UNIGARD INSURANCE GROUP
DE ANZA BLDG MAINTENANCE COMPANY LETTER B
JOE CASTANEDA
478 VANDELL WAY COMPANY LETTER C
CAMPBELL, CA
95008 COMPANY LETTER D
COMPANY LETTER E
> COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAINTHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO: TYPE OF INSURANCE I POLICY NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS
LTRI I DATE DATE
GENERAL LIABILITY I GENERAL AGGREGATE 12000
A [X] COMMERCIAL GEN LIABILITY PRODS-COMP/OPS AGG. :2000
1 ] C I CLAIMS MADE D(1 OCC. MC 203689 07/01/90 07/01/91 PERS. & ADVS. INJURY 1000
[ 1 OWNER'S & CONTRACTORS I EACH OCCURRENCE 1 000
PROTECTIVE
FIRE DAMAGE
[ 1 I (ANY ONE FIRE) 50
C ] MEDICAL EXPENSE
(ANY ONE PERSON) 5
AUTOMOBILE LIAB CSL
[ 1 ANY AUTO BODILY INJURY
[ ] ALL OWNED AUTOS (PER PERSON)
I ] SCHEDULED AUTOS
I ] HIRED AUTOS BODILY INJURY
[ I NON-OWNED AUTOS (PER ACCIDENT)
[ ] GARAGE LIABILITY
C 1 PROPERTY
EXCESS LIABILITY 1 EACH OCC 1 AGGREGATE
C ] UMBRELLA HRH :
I 1 OTHER THAN UMBRELLA FORM - - - 1 1
STATUTORY
A WORKERS' COMP WC-520427-90 09/29/90 09/29/91 1000 EACH ACC
AND 1 1000 DISEASE-POLICY LIMIT
A EMPLOYERS' LIAB 13 1000 DISEASE-EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ALL CALIFORNIA OPERATIONS.
ADDED AS ADDITIONAL INSURED: CITY OF CUPERTINO AS SHOWN BUT ONLY AS
RESPECTS WORK DONS BY, FOR OR ON BEHALF OF
THE NAMED INSURED.
> CERTIFICATE HOLDER ( > CANCELLATION t
= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF CUPERTINO = PIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO NAIL 10
\ Attn: CITY CLERK = DAYS WRITTEN NOTICE Tb THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT
1
10300 TORRE AVENUE = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
CUPERTINO, CA = ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
95014 �- /eh --c_) ''��
= AUTHORIZED REPRESENTATIVE J. /9f��
CORD 25—S (3/88) = 1 ' Vii,
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PREMIUM BASED ON FINAL
CONTRACT PRICE ON AN
ANNUAL BASIS
**
BOND NUMBER: 0438 No. 0052
American Bonding Company
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we JOE CASTANEDA DBA DE ANZA
BUILDING MAINTENANCE.
hereinafter called the Principal, and AMERICAN BONDING COMPANY
hereinafter called Surety, are held and firmly bound unto
CITY OF CUPERTTNO, DEPT OF PUBLIC WORKS
hereinafter called Obligee,
in the amount of FIFTY TWO THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS
AND FIFTY NINE CENTS Dollars ( $ 52 , 165 . 59
for the payment of which Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns , jointly and severally,
firmly by these presents .
WHEREAS, the Principal has by written agreement dated
, 19 , entered into a contract with the Obligee for CONTRACTUAL
JANITORIAL SERVICE FROM DECEMBER 1990 to DECEMBER 1991 PROJECT 90-109
in accordance with drawings and specifications prepared by
N/A which contract is by reference
made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, The condition of this Obligation is such that, if Principal shall
promptly and faithfully perform said contract, then this obligation shall be null
and void; otherwise it shall remain in full force and effect. Whenever Principal
shall be, and declared by Obligee to be in default under the contract, the Obligee
having fully performed Obligee' s obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
1 ) Complete the work under the contract in accordance with the plans and
specifications, or:
2 ) Obtain a bid or bids for submission to Obligee for completing the work
under the contract in accordance with the plans and specifications and upon
determination of the Obligee and Surety of the lowest responsible bondable
bidder arrange for a contract between such bidder with corporate surety and Obligee
and then pay the Obligee the bidders price less the balance of the contract price
but not exceeding, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof . The term
"balance of the contract price" as used in this paragraph, shall mean the total
amount payable by Obligee to Principal under the original Contract and any amendmen
thereto, less the amount properly paid by Obligee to Principal.
Any suit under this bond must be instituted before the expiration of one (1) year
from the date on which final payment under the Contract fall due.
No tight or action shall accrue on this bond to or for the use of any person or
corporation other than the Obligee named herein or the heirs, executors,
administrators or successors of Obligee, and this instrument may not be transferred
or assigned without the written consent of the Suretyy.
3)If this bond is issued in conjunction with a Payment bona, the amount herein stated, is
part of the payment bond and not in addition to.
SIGNED AND SEALED THIS 29 day of NOVEMBER 19 90
JOE CANTANEDA DBA DE ANZA BUILDING MAINTENANCE
Principal Seal
East Bay Surety BY:
Bond Insurance Services Title
91 Gregory Lane q5
•
Pleasant Hill, CA94523RICA/ NG Co PANY
BY • CS _
( 8-90 ) Attorney- n-Fact
Seal.
ANNELIE I . DOUGLASS
Form 106
•
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
ON THIS 29 DAY NOVEMBER , IN THE YEAR 1990 , BEFORE ME
CHRISTIE J . WASH , NOTARY PUBLIC, PERSONALLY APPEARED
ANNELIE I . DOUGLASS , PERSONALLY KNOWN TO ME (OR PROVED TO
ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO TIIIS INSTRUMENT AS THE ATTORNEY—IN—FACT
OF AMERICAN BONDING COMPANY , AND ACKNOWLEDGED TO ME THAT SHE
SUBSCRIBED THE NAME OF ANNELIE I . DOUGLASS THERETO AS RPINCIPAL,
AND HER OWN NAME AS ATTORNEY—IN—FACT.
OFFICIAL SEAL
CHRISTIE J. WASH �=
NOTARY PUBLIC-CALIFORNIA
\."91CONTRA CTA COUNIY 994 NOTARY P. 0 C
•
My mnunlssion emkOSe Aumitt 19,1
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~ ' AMERICAN BONDING COMPANY
PASADENA, CALIFORNIA 0438 N° ' 0 0 5 2
A STOCK COMPANY
POWER OF ATTORNEY
AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administration office in
the City of Pasadena, State of California, does hereby make, constitute and appoint
ANNELIE I. DOUGLASS of Pleasant Hills, California.
as Attorney (s)-in-fact, with full power and authority hereby conferred to execute and
deliver and affix the seal of the corporation thereto, if a seal is required, for and
on its behalf as Surety and as its act and deed, all of the following classes of
documents, to wit: any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be
allowed, required or permitted by law statue, rule regulation contract or otherwise,
for any single obligation, regardless of the number of instruments issued for the
obligation.
This power is construed to be used for any and all bonds in an
amount not to exceed Five Hundred Thousand ( $500 , 000. 00 )
-1
x
AMERICAN BONDING COMPANY further certified that the following is a true and exact v
copy of Artilce VII Section 3. of the By-Laws of AMERICAN BONDING COMPANY duly adopted o2
and now in force, to wit: rA
z
SECTION 3. All bonds, undertakings, recognizances or other written obligations ar
of the corporation shall be executed in the name of the corporation by the mZ
president, any vice-president, secretary, any assistant-secretary or the m°
treasurer, or by such other persons as may from time to time be properly ZO
authorized. The president, any vice-president, the secretary, any °°
assistant-secretary or the treasurer may appoint,or remove resident vice- z>
presidents, resident assistant-secretaries, attorneys in fact, agents or m=
other persons who shall have authority to issue and deliver bonds, °o
undertakings, recognizances or other written obligations in the name of the o
corporation. The corporate seal is not necessary for the validity of any m
bonds, undertakings, or other obligations of the corporation. The signature
of any authorized officer and the seal of the corporation may be affixed by
facsimile to any power of attorney or certification thereof authorizing the
execution and delivery of any bond, or undertaking of the corporation; and such
signature and seal when so used shallhave the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be
executed by its duly authorized officer and its corporate seal affixed, this
29 day of NOVEMBER, 1990 .
t - fiSEAL,
President I `...: 4,a; /"
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 29 day of NOVMEBER, 1990 , before me a Notary Public, personally
appeared the above-named officer of AMERICAN BONDING COMPANY, a corporation, known to me
to be the person and officer who executed the above Power of Attorney on behalf of the
corporation and acknowledges the corporation and acknowledges the corporation voluntarily
executed the same.
A-+� OFFICIAL SEAL ��
�� Z• M.S. RODRIu Notary Public
��{"� NOTARY PUBLIC-CALIFORNIA Cr,,li
�.N' PRINCIPAL OFFICE IN '�( Fn
-4r LOS ANGELES COUNTY O :J
My Commission Expires Nov 3,1993 J l9cj
-- CERTIFICATION gpgd
I, the undersigned, certify that I.am the Secretary of AMERICAN BONDING COMPANY,- a
Nebraska corporation, and that the attached Power of Attorney remains in full force and
effect and has not been revoked; and furthermore that Article VII Section 3. of the
By-Laws of said company as set forth in said Power of Attorney, are now in full force
` and effect.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate
seal of the said Company this 79 day of N�OVEEMB 1 9 9 0
'-±. �eo�;k�n% W . 1 J . ' 1pI o ' pDye�
°
;o'`SEAL%>' Secretary
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iti R45**/x
AGREEMENT
THIS AGREEMENT, made arra entered into this 5th day of November, 1990,
by and between the CITY OF CUPERTINO, a municipal corporation of
California, hereinafter referred to as "CITY", and DeAnza Building
Maintenance, a contractor with offices at 478 Vardell Way, Campbell, CA
95008, hereinafter referred to as "CONTRACTOR";
WITNESSETH:
WHEREAS, CITY desires to retain the CONTRAC:TUtt for Janitorial
Services; and
WHEREAS, CITY desires to engage CONTRACtOR to provide these services
by reason of its qualifications and experience for performing such
services, and CACTOR has offered to provide the required services on
the terms and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the
parties hereto agree as follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and
include all the territory lying within the municipal boundaries of the
City of Cupertino, California, as presently existing, plus all territory
which may be added thereto during the term of this agreement by annexation
or otherwise.
(b) The term "City Manager" shall mean the duly appointed City
Manager of the City of Cupertino, California, or his designated
representative.
2. PROJECT COORDINATION.
(a) City. The City Manager shall be representative of CITY for
all purpoac tuner this agreement. The Public Works Superintendent hereby
is designated as the PROJECT MANAGER for the City Manager, and he shall
supervise the progress and execution of this agreement.
(b) Contractor. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of
this agreement for CONTRACINkt. Joe Castaneda hereby is designated as the
PROJECT DIRECTOR FOR CONTRACTOR. Should circumstances or conditions
subsequent to the execution of this agreement require a substitute PROJECT
DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to
the prior written acceptance and approval of the PROJECT MANAGER.
1
3. DUTIES OF CONTRACTOR. Services to be furnished in accordance
with EXHIBIT "A" BID PROPOSAL and contract specifications.
(a) laws to be Observed. CONTRAciutt shall:
(1) Procure all permits and licenses, pay all charges and
fees, and give all notices which may be necessary and incident to the due
and lawful prosecution of the services to be performed by CONTRACPOR under
this agreement:
(2) Keep itself fully informed of all existing and future
federal, state, and local laws, ordinances, regulations, orders, and
decrees which may affect those engaged or employed under this agreement,
any materials used in CON BACIOR's performance under this agreement, or
the conduct of the services under this agreement;
(3) At all times observe and comply with, and cause all of
its subcontractors and employees, if any, to observe and comply with, all
of said laws, ordinances, regulations, orders, and decrees mentioned
above;
(4) Immediately report to the PROTECT MANAGER in writing .
any discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawing, specifications, or provisions of this agreement.
• 4. COMPENSATION. , For the performance of the services described
herein by OONTRALaut, CITY shall pay CONTRACTOR the sum of Seventeen
Thousand Three Flunked Eighty Eight Dollars and 53 Cents ($17,388.53) per
month, less any deductions for work not performed and or liquidated
damages, payable upon sutmission by CONTRACTOR of itemized billings in
triplicate; provided, however, that the total sum payable to OONTRAcitit
shall not exceed Two Hurxh•ed Eight Thousand Six Hundred Sixty Two Dollars
and 36 Cents ($208,662.36) per year.
5. LIQUIDATED DAMAGES. The ODNIRACIUR shall diligently prosecute
the work to completion as scheduled. The CONTRACTOR further understands
that he shall pay to the City of Cupertino the unit cost per service for
any and all services not performed as scheduled and one hundred fifty
dollars ($150.00) per day, for each and every occurrence services are not
completed within the required times. This does not relieve the CONTRACTOR
frac his responsibility of completing the required services that were not
completed as scheduled. Any services not catpleted as scheduled shall be
completed as soon as possible and at the CONTRACTOR'S expense.
6. TERM. The term of this agreement shall be one (1) year from the
date of execution of this agreement by the parties, hereto, provided,
however, the CITY retains the option to extend the term of the contract on
a year to year basis not exceeding two years from the expiration of the
original term.
2
6. TEM (continued) . Any such renewal shall be accomplished by the
CITY providing a written notice of renewal to OONTRACtUR at least 30 days
prior to expiration of the term. Any such renewal shall contain the same
provisions as the original contract, provided however that the parties may
agree to an increase or decrease in compensation paid to the CONTRACiUR
based only upon changes in the CONTRACTOR'S expenses for employee wages
and fringe benefits.
7. TEMPORARY SUSPENSION. The City Manager shall have the authority
to suspend this agreement, wholly or in part, for such period as he deems
necessary due to unfavorable conditions or to the failure on the part of
the CONTRACIUtt to perform any provision of this agreement
8. SUSPENSION: TERMINATION. •
(a) Riot to Suspend or Terminate. The CITY may suspend or
terminate this agreement for any reason by giving thirty (30 days' written
notice) . Upon receipt of such notice, CONTRACTOR shall immediately
discontinue his performance under this agreement.
(b) Payment. Upon such suspension or termination, COlTRACIUtt .
shall be paid for all services actually rendered to CITY to the date of
such suspension or termination; provided, however, if this agreement is
suspended or terminated for fault of CONTRACtum,. CITY shall be obligated
to compensate CONTRACtcut only for that portion of CONTRACTOR'S services
which are of benefit to CITY.
9. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable
opportunity for CITY to ascertain that the services of CONTRA uit are
being performed in accordance with the requirements and intentions of this
agreement. All work done and all materials furnished, if any, shall be
subject to the PROJECT MANAGER'S inspection and approval. The inspection
of such work shall not relieve CONTRACTOR or any of its obligations to
fulfill its agreement as prescribed.
10. ASSIGNMENT: EMPLOYERS.
(a) Assignment. Both parties shall give their personal
attention to the faithful performance of this agreement and shall not
assign, transfer, convey, or otherwise dispose of this agreement or any
right, title, or interest in or to the same or any part thereof without
the prior written consent of the other party, and then only subject to
such terms and conditions as the other party may require. A consent to
one assignment shall not be deemed to be a consent to any subsequent
assignment. Any assignment without such approval shall be void and, at
the option of the other party, shall terminate this agreement and any
license or privilege granted herein. This agreement and any interest
herein shall not be assignable by operation of law without the prior
written consent of the other party.
3
11. NOTICES. All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
P. O. Box 580
Cupertino, CA 95014-0580
TO CONTRACTOR: Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
12. INTEREST OF CONTRACTOR. OONTRAClcnt covenants that it presently
has no interest, and shall not acquire any interest, direct or indirect,
financial or otherwise, which would conflict in any manner or degree with
the performance of the services hereunder. CONTRACTOR further covenants
' that, in the performance of this agreement, no subcontractor or person
having such an interest shall be employed. =RA= certifies that no
one who has or will have any financial interest under this agreement is an
officer or employee of the CITY. It is expressly agreed that, in the
performance of the services hereunder, ODNTRACTOR shall at all times be
deemed an independent CONTRACTOR arra not an agent or employee of CITY.
13. INDEMNITY. CONTRACTOR hereby agrees to indemnify arra save •
harmless CITY, its officers, agents, and employees of arra from:
(a) Any and all claims arra demands which may be made against
CITY, its officers, agents, or employees by reason of any injury to or
death' Of any person or damage suffered or sustained by any person or
corporation caused by, or alleged to have been caused by, any act or
omission, negligent or otherwise, of CONTRAcnat or any subcontractor under
this agreement or of CONTRACTOR'S' or any subcontractor's employees or
agents;
(b) Any and all damage to or destruction of the property of
CITY, its officers, agents, or employees occupied or used by or in the
care, custody, or control of CONTRACTOR, or in proximity to the site of
CONTRACTOR'S work, caused by any act or omission, negligent or otherwise,
of CONTRACTOR any subcontractor under this agreement or of OONTRACJ.UR'S or
any subcontractor's employees or agents.
(c) Any and all claims and demands which may be made against
CITY, its officers, agents, or employees by reason of any injury to or
death of or damage suffered or sustained by any employee or agent of
CONTRACTOR or any subcontractor under this agreement, however caused
excepting, however, any such claims and demands which are the result of
the sole negligence or willful misconduct of CITY, its officers, agents,
or employees;
(d) Any and all claims and demands which may be made against
CITY, its officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused or alleged to
have been caused by the sue of any apparatus, appliance, or materials
furnished by ODNTRACIOR or any subcontractor under this agreement; and
4
(e) Any and all penalties imposed or damages sought on account
of the violation of any law or regulation or of any term or condition of
any permit.
CDilIRAC OR, at its awn cost, a tense, and risk, shall defend any
and all suits, actions, or other legal proceedings that may be brought or
instituted by third persons against CITY, its officers, agents, or
employees on any of the above claims or demands of such third persons, or
to enforce any of the above penalties, and pay and satisfy any judgment or
decree that may be rendered against CITY, its officers, agents, or
employees in any such suit, action, or other legal proceedings.
14. WORKER'S COMPENSATION. CONIRACIOR certifies that it is aware of
the provisions of the Labor Code of the State of California which require
every employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions before
commencing the performance of the work of this agreement.
• 15. INSURANCE. CONTRACIOR, at its sole cost and expense, shall
obtain and maintain in full force and effect throughout the entire term of
this agreement the insurance coverage of at least a A-7 or better rating
as determined in accordance with the insurance industry standard, insuring .
not only CONTRACIOR, but also (with the exception of workers' compensation
and employer's liability insurance), CITY, its officers, agents, and
employees, and each of them with respect to activities and services
performed by CJN RACIOR for or on behalf of CITY under the provisions of
this agreement.
Certificates of such insurance, for limits as specified in
Exhibit "A" the Contract Specifications shall be filed with CITY •
concurrently with the execution of this agreement or, with CITY's
approval, within ten (10) days thereafter. Said certificates shall be
subject to the approval of the City Attorney and shall contain an
endmsearent stating that said insurance is primary coverage and will not
be cancelled or altered by the insurer except after filing with the City
Clerk thirty (30) days' written notice of such cancellation or alteration,
and that the City of Cupertino is named as an additional insured. Current
certificates of such insurance shall be kept on file at all times during
the term of this agreement with the City Clerk.
16. CONIRACP SECURITY. The CON TRACIOR shall furnish a surety bond,in
an amount at least equal to three months of the contract price as security
for the faithful performance of this Contract. The ODNIRACICR shall also
fUrniSh a separate Fidelity Bond in the amount of $5,000.00 for every
employee performing work on CITY owned property.
17. AGREEMENT BINDING. The terms, covenants, and conditions of this
agreement shall apply to, and shall bind, the heirs, successors,
executors, administrators, assigns, and subcontractors of both parties.
18. WAIVERS. The waiver by either party of any breach or violation
of any term, covenant, or condition of this agreement or of any provision,
ordinance, or law shall not be deemed to be a waiver of any other term,
covenant, condition, ordinance, or law or of any subsequent breath or
5
violation of the same or of any other term, covenant, condition,
ordinance, or law. The subsequent acceptance by. either party of any fee
or other money which may became due hereunder shall not be deemed to be a
waiver of any preceding breath or violation by the other party of any
term, covenant, or condition of this agreement or of any applicable law or
ordinance.
19. DOSIS AND ATIORNEY'S 1/ms. The prevailing party in any action
brought to enforce the tens of this -agreement or arising out of this
agreement may recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
20. NONDISCRIMINATION. No riisrrimination 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. If the value
of this agreement is, or may be, Five Thousand Dollars ($5,000) or more,
OONERACIOR agrees to meet all requirements of the Cupertino Municipal code
pertaining to nondiscrimination in employment and to complete and suit
the "Compliance Report —Nondiscrimination Provisions of City of Cupertino
Contracts" on the form furnished by CITY.
If cansolOR is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices Act or
similar provisions of federal law or executive order in the performance of
this agreement, it shall thereby be found in material breath of this
agreement. Thereupon, CITY shall have the power to cancel or suspend this
agreement, in whole or in part, or to deduct from the amount payable to
CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each
calendar day during which such person was discriminated against, as
damages for said breath of contract, or both. Only a finding of the State
of California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of
contract under this paragraph.
If WNIItACIOR is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action
guidelines pertaining to this agreement, OON RACIOR shall, be found in
material breath of this agreement. Thereupon, CITY shall have the power
to cancel or suspend this- agreement, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars
($250) for each calendar day during which aIITRACIOR is found to have been
in such noncompliance as damages for said breath of contract, or both.
21. WAGE RATES. Pursuant to the labor Code of the State of
California, or local law thereto applicable, the CITY has ascertained the
general prevailing rate of per diem wages and rates for holidays and
overtime in the locality in which this work is to be performed, for each
craft, cl aasification, or type of laborer, workman, or mechanic needed to
-execute this Contract. The prevailing wages so determined are set forth
in the Specifications and made a part hereof. Neither the notice inviting
bids nor this Contract shall constitute a representation of fact as to the
prevailing wage rates upon which the CCNIRACIOR or any subcontractor under
him may base any claim against the CITY.
6
1776. (a) Each CONTRACTOR and subcontractor shall keep an accurate
payroll record, showing the name, address, social security nuMber, work
classification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice, worker,
or other employee employed by him or her connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall
be certified aid shall be available for inspection at all reasonable hours
at the principal office of the CDN RACIOR on the following basis:
(1) A certified copy of an employee's payroll record shall
be made available for inspection or furnished to such
employee or his or het authorized representative on requesst.
(2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or
furnished upon request to a representative of the body
awarding . the contract, the Division of Labor Standards
Enforcement and the Division of Apprenticeship Standards of
the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request to the
public far inspection or copies thereof made, provided,
however, that .a request by the public shall be made through .
either the body awarding the contract, the Division of
Apprenticeship Standards, or the Division of Labor Standards
Enforcement. The public shall not be given access to such
records at the principal office of the CONTRA;IUR.
(c) Each CONIRACNR shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested such records
within ten (10) days after receipt of a written requesst.
(d) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding bids, the Division of Apprenticeship Standards ar the Division of
Labor Standards Enforcement shall be marked or obliterated in such a
manner as to prevent disclosure of an individuals name, address and social
security number. The name and address of the OONTRACIOR awarded the •
contract or performing the contract shall not be marked or obliterated.
(e) The CONTRAC=UR shall inform the body awarding the contract
of the location of the records enumerated under subdivision (a) , including
the street address, CITY and country and shall, within five working days,
provide a notice of a change of location and address.
(f) In the event of noncompliance with the requirements of this
section, the CONTRACIOR shall have ten (10) days in which to comply
subsequent to receipt of written notice specifying in what respects such
CDNIRACNR must comply with this section.
7
•
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There shall be an affirmative duty upon the joint apprenticeship committee
or committees administering the apprenticeship standards of the craft or
trade in the area of the site of the public work to ensure equal
employment and affirmative action in apprenticeship for women and
minorities. OON2RAC ORS or subcontractors shall not be required to sukmit
individual applications for approval to local joint apprenticeship
committees provided they are already covered by the local apprenticeship
standards. The ratio of apprentices to journeymen who shall be employed
in the draft. or trade on the public work may be the ratio stipulated in
the apprenticeship standards under which the joint apprenticeship
committee operates but in no case shall the ratio be less than one
apprentice for each five journeymen, except as otherwise provided in this
section.
The Contractor or subcontractor, if he is covered by this section, upon
the issuance of the approval certificate, or if he has been previously •
approved in such craft or trade, shall employ the number of apprentices or
the ratio of apprentices to journeymen stipulated in the apprenticeship
standards. Upon proper showing by the CONTRACTOR that he employs
apprentices in such craft or trade in the state on all of this contract on
an annual average of not less than one apprentice to each five journeymen,
the Division of Apprenticeship Standards may grant a certificate exempting
the CONTRACTOR for the 1-to-5 ratio as set forth in this section. This --
section shall not apply to contracts of general CONTRACTORS involving less
than thirty thousand ($30,000.00) or twenty (20) working days or to
contracts of specialty CONTRACTORS riot bidding for work through a general
or prime CONTRACTOR, involving less than two thousand dollars ($2,000.00)
or fewer than five (5) working days.
"Apprenticed craft or trade," as used in this section, shall mean a craft
or trade determined as an apprenticed occupation in accordance with rules
and regulations prescribed by the Apprenticeship Council. The joint
apprenticeship committee shall have the discretion to grant a certificate,
which shall be subject to the approval of the Administrator of
Apprenticeship, exempting a C)NTRACDOR from the 1-to-5- ratio set forth in
this section when it finds that any one of the following conditions are
met:
(a) In the event unemployment for the previous three month
period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such
area exceeds a ratio of 1-to-5, or
•
(c) If there is a showing that the apprenticed craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either (1) on a statewide basis, or (2) on a
local basis.
(d) If assignment of an apprentice to any work performed under a
public works contract would create a condition which would jeopardize his
life or the life, safety, or property of fellow employees of the public at
large if the specific task to which the apprentice is to be assigned is of
such a nature that training cannot be provided by a journeyman.
9
When such exemptions are granted to an organization which represents
OONIRACIORS in a specific trade from the 1 to 5 ratio on a local or
statewide basis the member CONIRACIORS will not be required to submit
individual applications for approval to local joint apprenticeship
committees, provided they are already covered by the local apprenticeship
standards. -
A OONTRACIDR to whom the contract is awarded, or any subcontractor under
him who, in performing any of the work, under the contract, employs
journeymen or apprentices in any apprenticed craft or trade and who is not
contributing to a fund or funds to administer and conduct the
apprenticeship program in any such craft or trade in the area of the site
of the public work, to which fund or funds other CLVTRACNRS in the area
of the site of the public work are contritutirng, shall contribute to the
fund or funds in each craft or trade in which he employs journeymen or
apprentices on the public work, in he same amount or upon the same basis
and in the same manner as the other CONIRACIORS do, but where the trust •
fund administrators are unable to accept such funds, OWTRACTOPS not
signatory to the trust agreement shall pay a like amount to the California
Apprenticeship Council. The OONTRACIOR or subcontractor may add the
• amount of such contributions in computing his bid for the contract. The
Division of Labor Standards Eiforoement is authorized to enforce the
payment of such contributions to the fund or funds as set forth in Section
227.
The body awarding the contract shall cause to be inserted in the contract
stipulations to effectuate this section. Such stipulations shall fix the
responsibility of compliance with this section far all apprenticed
occupations with the prime CONIRACIIOR.
All decisions of the joint apprenticeship camittee under this section are
subject to the provisions of Section 3081. (Amended by Stats. 1976, Ch.
1179)
1777.6 It shall be unlawful for an employer of a labor union to refuse to
accept otherwise qualified employees as registered apprentices on any
public works, on the ground of the race, religious creed, color, national
origin, ancestry, sex, or age, except as provided in Section 3077, of such
employee. (Amended by Stat. 1976, Ch. 1179)
1777.7 (a) In the event a C»ACIOR willfully fails to comply with the
provisions of section 1777.5, such OON RACIOR shall:
(1) Be denied the right to bid on any public works contract for
a period of one year from the date the determination of
noncompliance is made by the Administrator of
Apprenticeship; and
(2) Forfeit as a civil penalty in the sum of fifty dollars
($50.00) for each calendar day of noncompliance.
Notwithstanding the provisions of Section 1727, upon receipt
of such a determination the awarding body shall withhold
from contract progress payments then due or to becwne due
such sum.
10
(b) Any such determination shall be- issued after a full
investigation, a fair and impartial hearing, and reasonable notice thereof
in accordance with reasonable rules and procedures prescribed by the
California Apprenticehip Council.
(c) Any funds withheld by the awarding body pursuant to this section
shall be deposited in the general fund if the awarding body is a state
entity, or in the equivalent fund of an awarding body if such awarding
body is in entity other thanthe state.
The interpretation and enforcement of Sections 177.5 and 1777.7 shall be
in accordance with the rules and procedures of the California
Apprenticeship Council. (Amended by Stats. 1978, Ch. 1249) . ..
It shall be mandatory upon the CONIRN.iuit, and upon any subcontractor
under him, to pay not less than the said specified rates to all laborers,
workmen, and mechanics employed in the execution of the Contract. It is
further expressly stipulated that the CONTRACIOR shall, as a penalty to
the CITY, forfeit twenty-five ($25.00) far each calendar day, or portion
thereof, for each laborer, workman, or mechanic paid less than the
stipulated prevailing rates for any work done under this Contract by him
or any subcontractor under work done under this contract by him or any
subcontractor under him; and CONTRACTOR agrees to comply with all
provisions of Section 1775 of the labor Code.
In case it becomes necessary for the COMPACTOR or any subcontractor to
employ on the project under this Contract, any person in a trade or
occupation (except executives, supervisory, administrative, clerical, or
other non-manual workers as such) for which no minimm wage rate is herein
specified, the CONTRACTOR shall iniediately notify the CITY, who till
promptly thereafter determine the prevailing rate for such additional
trade or occupation and shall furnish the CONrMAcRac with the minimax rate
based thereon. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial
employment of the person affected and during the continuance of such
employment.
22. AGREEMENT CONTAINS ALL UNDEPSTANDINGS. This documents represents
the entire and integrated agreement between CITY and CONTRACTOR and
supersedes all prior negotiations, representations, or agreements, either
written or oral. This document may be amendedonly by written instrument,
signed by both CITY and OJN1RAC TUR. All provisions of this agreement are
expressly made conditions. This agreement shall be governed by the laws
of the State of California.
11
} STATE OF CALIFORNIAOn this -71a
day of/ / in tl e year 1/C
se. •• /) , / .,-.-. rbefore me,
COUNTY OF •��•�...LLrLv�.../µ�.�•�— a Notary Public,State of California,
duly commissi ed and sworn ersonall appeared.:..
a-persea (or provedprovedgo me on the basis of satisfactory evidence) to be
MagIr oc ON9t•9 c0cc.9co ccDcoc.9G�' the person....whose name
a2j ✓;_•.,• OFFICIAL SEAL 6 subscribed to this instrument,and acknowledged that. . ..he. ecuted it.
�' -'"• R03ERTA ANN WOLFE IN SS REOF I ave hereunto set my hand and affixed my official seal
c� ,_�_ ry
T : f' NOTARY PUBLIC-CALIFORNIA G
`c, ``-:d-F ..(„m. ,.d�r.,d
•"' ' SANTA CLARA COUNTY ��, to the�./...: ... .. County of
My Commission Expires June 11,1993 pq
s, C�av �... on the date set forth above
.un.,Loy u...wvwvai:ew:lWuGa7G)..wysG,20,,Q LI..
in this certificate: Ale
/ / )`
• This douanet m orty a Omani lnnnwlM1tl may Ce paper for use In eMpm transactions end m no L ✓. _ L /.of Ca
aram.mm Intended lo as es a substitute tor the othe on an m r.me printer does not otary Public,State of Califo a
mute any warranty,molts=Fen a meted n to the legal oa11Sy of any a•wlamn a the C G
i1ah�'m t'®reamfvi61 eery specific aesaceon. My commission expires //j // J -5
i
Cowdery's Form No.32—Acknowledgement to Notary Public—Individuals—(C.C.Sec. 1189)—(Rev.1/83)
•
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UNIGARD INSURANCE COMPANY IIi Unigard
PO BOX 90701 , BELLEVUE, WA 98009-0701 ®Insurance Group
POLICY NO. COMMERCIAL PACKAGE POLICY
MC203689 POLICY CHANGE ENDORSEMENT
PAGE 1
PRODUCER SNJ 15419 FOLCK—WHITE INSURANCE SERVICES INC, SAN JOSE, CA
POLICY PERIOD FROM 07-01-90 TO 07-01-91
ENDORSEMENT EFFECTIVE 11-12-90
ACCOUNT 335153
DE ANZA BUILDING MAINTENANCE AND CENTURY NAMED
LANDSCAPE MAINTENANCE INSURED
478 VANDELL WAY
CAMPBELL , CA 95008
THIS ENDORSEMENT CHANGES THE POLICY ON 11-12-90 . PLEASE READ CAREFULLY.
THE CITY OF CUPERTINO IS ADDED AS AN ADDITIONAL INSURED PER FORM CG2010
ATTACHED .
LIABILITY ADDITIONAL PREMIUM THIS ENDORSEMENT $ 87 . 00
TOTAL ADDITIONAL PREMIUM THIS ENDORSEMENT $ 87 . 87
PREMIUM AMOUNT INCLUDES :
SURCHARGES PER CALIFORNIA INSURANCE CODE $0 . 87
COUNTERSIGNED BY 111.I a
END-1 11-26-90
19467
•
UNIGARD INSURANCE COMPANY IIIc Unigard
PO BOX 90701 , BELLEVUE, WA 98009-0701 minsuranceGroup
POLICY NO. COMMERCIAL PACKAGE POLICY
MC203689
EFFECTIVE DATE 11 / 12/90 PAGE 1
GENERAL LIABILITY CHANGE ENDORSEMENT SCHEDULE
LOC ST REP CLASS DESCRIPTION RATE ANNUAL
BLDG GRP RATING BASIS PREMIUM
PREMISES AND OPERATIONS
CLASS ADDED : ADDITIONAL PREMIUM $87 .
CA 001 ADDITIONAL INSURED (SEE ENDT) . 871 $87 .
OWNERS OR CONTRACTORS
CITY OF CUPERTINO
141095 0787 11 / 26 /90
MC203689 UNIGARD INSURANCE COMPANY
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CUPERTINO
ATTN: CITY CLERK
10300 TORRE AVENUE
CUPERTINO, CA
95014
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by
or for you.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG2010 1185 Copyright. Insurance Services Office, Inc. 1984
Acknowledgement of Surety
State of California
County of Sonoma
On November 8 1990 , before me, the undersigned, a Notary Public
of said county and state, personally appeared 7-7 'Judith A. Caruso
known to me to be the Attorney-in-Fact of the corporation that executed the within
instrument, known to me to be the person who e uted the within instrument on
behalf of the corporation therein n:uned, an. a'edged to me that such corporation v+
executed the scone.
/1"3 ,:?^• OFFICIAL SEAL S '�
': PATRICIA, . A. E 01 MERE Sl
�� - ` r I' NOTAR I PUBLIC-CALIFORNIA
i:. y FRINCIPAL OFFICE IN pT31'}/ Italic
SONCMA COUNTY Patricia A. Brothers
My Commisalon Expires May 9, 1990
. �_
B No. DLP0212515
premium$320.00 (Incl. $10.00
policy fee)
SERVICES/JANITORIAL BOND
In consideration of an agreed premium, RANGER INSURANCE COMPANY
a corporation organized under the laws of the State of Delaware and duly authorized to transact
business as surety therein(hereinafter called"Surety"),hereby agrees to indemnify Joe Casteneda DBA: DeAnza
Building Maintenance
of 478 Vandel l Way. , Campbell, Ca 95008 , (hereinafter called "Obligee"),
against loss of money or other property,real or personal,belonging to any and all subscribers(hereinafter called"Subscribe()to its services,
or in which the Subscriber has a pecuniary interest,or for which the Subscriber is legally liable,which the Subscriber shall sustain as the result
of any fraudulent or dishonest act,as hereinafter defined,of an Employee or Employees of the Obligee acting alone or in collusion with others,
and for which the Obligee Is liable,the amount of indemnity on all of such Employees being in the aggregate sum of Five Thousand
g 'no/100 -Dollars (55,0(10.00*******).
THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS
AND LIMITATIONS:
Term of Bond:
SECTION 1. The term of this bond begins with the 8th day of November , 19 90 standard
time and ends at 12:00 o'clock night,standard time,on the 7th day of Novemher , 18 93
This bond may be continued from period to period by the Surety upon execution of a Continuation Certificate properly executed by an Attorney-
in-fact of the Surety.
Discovery Period:
SECTION 2. Loss is covered under this bond only(a)if sustained through any actor acts committed by any Employee of Obligee while this
bond is in force as to such Employee,and(b)if discovered prior to the expiration or sooner cancellation of this bond in its entirely as provided
in Section 11,or from its cancellation or termination in its entirety in any other manner,whichever shall first happen.
Definition of Employee:
SECTION 3.The word Employee or Employees,as used in this bond,shall be deemed to mean,respectively,one or more of the natural persons
(except directors or trustees of the Obligee,it a corporation,who are not also officers or employees thereof in some other capacity)while in the
regular service of the Obligee in the ordinary course of the Obligee's business during the term of this bond,and whom the Obligee compensates
by salary,or wages and has the right to govern and direct in the performance of such service,and who are engaged in such service within any
of the States of the United States of America,or within the District of Columbia.Puerto Rico,the Virgin Islands,or elsewhere for a limited period,
but not to mean brokers, factors, commission merchants, consignees, contractors,or other agents or representatives of the same general
character.
Fraudulent or Dishonest Act:
SECTION 4. A fraudulent or dishonest act of an Employee of the Obligee shall mean an act which is punishable under the Criminal Code in
the jurisdiction within which act occurred,for which said Employee is tried and convicted by a court of proper jurisdiction.
Merger or Consolidation:
SECTION 5. If any natural persons shall be taken into the regular service of the Obligee through merger or consolidation with some other
concern,the Obligee shall give the Surety written notice thereof and shall pay an additional premium on any increase in the number of Employees
covered under this bond as a result of such merger or consolidation computed pro rata from the date of such merger or consolidation to the
end of the current premium period.
Non-Accumulation of Liability:
t-
SECTION 6. Regardless of the numher ofyears this bond shall continue in force and the number of premiums which shall be payable or paid,
the liability of the Surety under this-bond shall,not be cumulative in amounts from year to year or from period to period.
Limit of Liability Under This Bond and Prior Insurance:
SECTION 7. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in Section 5 and
which occur partly under this bond and partly under other bonds or policies issued by the Surety to the Obligee or to any predecessor in interest
of the Obligee and terminated or cancelled or allowed to expire and in which the period of discovery has not expired at the time any such loss
or losses thereunder are discovered,the total liability of the Surety under this bond and under such other bonds or policies shall not exceed,
in the aggregate,the amount carried under this bond on such loss or losses or the amount available to the Obligee under such other bonds or
policies,as limited by the terms and conditions thereof,for any such loss or losses,if the latter amount be the larger.
sn,070-0
Jed
Deductible:
SECTION e. The Surety shall not be liable under this bond on account of any loss or losses through fraudulent or dishonest acts committed
by any Employee of Obligee,unless the amount of such loss or losses,after deducting the net amount of all reimbursement and/or recovery,
including any cash deposit taken by the Obligee,obtained or made by the Obligee or the Surety on account thereof,prior to payment by the
Surety of such loss or losses,shall be in excess of ONE HUNDRED DOLLARS($100.00),and then for such excess only,but in no event for more
than the amount of insurance carried on such Employee under this bond. If more than on Employee is concerned or implicated in such loss
or losses said deductible amount shall apply to each Employee so concerned or implicated.
Salvage:
SECTION 9. If the Oblige shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond,
the Obligee shall be entitled to all recoveries,except from suretyship,insurance,reinsurance security and indemnity taken by or for the benefit
of the Surety,by whomsoever made,on account of such loss or losses under this bond until fully reimbursed,less the actual cost of effecting
the same;and less the amount of the deductible carried on the Employee causing such loss or losses;and any remainder shall be applied to
the reimbursement of the Surety.
Cancellation As To Any Employee:
SECTION 10. This bond shall be deemed cancelled as to any Employee:(a)Immediately upon discovery by the Obligee,or by any partner
or officer thereof not in collusion with such Employee,of any fraudulent or dishonest act on the part of such Employee;or(b)at 12:00 o'clock
night,standard time,upon the effective date specified in a written notice served upon the Insured or sent by mail. Such date,if the notice be
served,shall be not less than ten days after such service,or if sent by mail,not less than fifteen days after the date of mailing. The mailing by
Surety of notice,as aforesaid,to the Obligee at its principal office shall be sufficient proof of notice.
Cancellation As To Bond In Its Entirety:
SECTION 11. This bond shall be deemed cancelled in its entirety at 12:00 o'clock night,standard time,upon the effective date specified in
a written notice served by the Obligee upon the Surety or by the Surety upon the Obligee,or sent by mail. Such date,if the notice be served
by the Surety,shall be not less than ten days after such service,or if sent by the Surety by mail,not less than fifteen days after the date of mailing.
The mailing by the Surety of notice, as aforesaid,to the Obligee at its principal office shall be sufficient proof of notice.
Prior Fraud, Dishonesty or Cancellation:
SECTION 12. No Employee,to the best of the knowledge of the Obligee,or of any partner or officer thereof not in collusion with such Employee,
has committed any fraudulent or dishonest act in the service of the Obligee or otherwise. If prior to the issuance of this bond,any fidelity insurance
in favor of the Obligee or any predecessor in interest of the Obligee and covering one or more of the Obligee's employees shall have been
cancelled as to any of such employees by reason of(a)the discovery of any fraudulent or dishonest act on the part of such employees,or(b)
the giving of written notice of cancellation by the insurer issuing said fidelity insurance,whether the Surety or not,and if such employees shall
not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance,the Surety shall not be liable under this
bond on account of such employees unless the Surely shall agree in writing to include such employees within the coverage of this bond.
Loss—Notice—Proof—Legal Proceedings:
SECTION 13. At the earliest practical moment,and at all events not later than fifteen days after discovery of any fraudulent or dishonest act
on the part of any Employee by the Obligee,or by any partner or officer thereof not in collusion with such Employee,the Obligee shall give the
Surety written notice thereof and within four months after such discovery shall file with the Surety affirmative proof of loss,itemized and duly sworn
to,and shall upon.request of the Surety render every assistance,not pecuniary,to facilitate the investigation and adjustment of any loss. No
suit to recover on account of loss under this bond shall be brought before the expiration of Iwo months from the filing of proof as aforesaid on
account of such loss,nor after the expiration of fifteen months from the discovery as aforesaid of the fraudulent or dishonest act causing such
loss. If any limitation in this bond for giving notice,filing claim or bringing suit is prohibited or made void by any law controlling the construction
of this bond,such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
Part-Time or Temporary Employees:
SECTION 14. The named Obligee shall not al any time while this bond is in force direct any temporary or part-time employee(s)to any
subscriber's premises unless such employee(s)is accompanied by a foreman who is in the regular employ of the Obligee.
SIGNED, SEALED AND DATED November 8, 1990
PREMIUM IS FULLY EARNED
UPON ISSUANCE OF BOND �.
RANGER INSURANCE' CCQt4PA'N//JYJ
By: ream Cir __ r
Attorney-in-Fact
Any correspondence relating to this bond should be addressed to Spencer Douglass Insurance Associates,
6020 Cornerstone Court West, San Diego, CA 92121.
CAL 1014-79
NOV 09 '90 12:42 707 ° 8152 41' 1 P.2
SURETY RIDER
To be attached to and forma part of Bond No. DLP0212515
in the amount of $5 , 000 . 00 on behalf of Joe Casteneda
dba: DeAnza Building Maintenance
as Principal and executed by RANGER INSURANCE COMPANY
as Surety in favor of Various Subscribers
Effective Date of Bond 11/8/90
Effective Date of Change 11/8./90
In consideration of the mutual agreements herein contained, the
Principal and the Surety hereby consent to changing:
• The effective date of Bond
FROM: 11/08/90 to 11/08/93
•
TO: : 11/08/90 to 11/08/91
Nothing herein contained shall vary, alter or extend any pro-
vision or condition of this bond except as herein expressly stated.
Signed, Sealed & Dated this 9th day of November ,lg 90 ,
RANGER INSURANCE COMPANY
Surety
~ Attorney-in-Fact
RANGE*'IN$UkANCE COMPANY
c/o Douglae... ..,ancial Corporation• Corporate Office, San L.oy� California
BOND
POWER OF ATTORNEY
•
KNOW AU.MEN BY THESE PRESENTS: That the Douglass Financial Corp.,a corporation duly organized and existing under the laws of California having its principal
office in the City of San Diego,California, does hereby nominate,constitute and appoint: _ JUDITH A. CARUSO
of: SAN DIEGO
the true and lawful agent and Attorney-in-Fact of Ranger Insurance Company,pursuant to the attached Power of Attorney, to make,execute, seal and deliver for
and on its behalf as surety,and its act and deed,any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided,however,
that the penal sum of $50,000.00
is granted and is signed and sealed by facsimile under and by authority of the Resolution adopted by the Board of Directors of the RANGER INSURANCE COMPANY
at a meeting duly called and held on November 10, 1988.
IN WITNESS WHEREOF,the said Ranger Insurance Company has caused these presents to be executed by its Attorney-in-Fact:with its corporate seal affixed..
Date. November 8 1990
N
�asuna
,gyp cu C,
SEAL
_ ay'°4Ax•at R. peneer Doi/grass,Attorney-in-Fact/
STATE CALIFORNIA)
COUNTY OF SAN DIEGO)
On this 8th day of November ,19 90 ,before the subscriber,a Notary Public of the State of California,in and for the County of San Diego,
duly commissioned and qualified, came R. Spencer Douglass. Chairman of the Board of Douglass Financial Corp.and General Agent for Ranger Insurance
Company,to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution
of the same, and being by me duly sworn, deposeth and saith,that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding
instrument is the Corporate Seal of said Company and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Company.
IN WITNESS WHEREOF, I have hereunder set my hand and affixed my
Official Seal,at the City of San Diego,the day and year first above written.
�� .• , •
OFFICIAL UMJ. SEAL
y;�r?1°, WILLUiM J.xRE1Ns
t.,. _. Notary PUblb Cant rnia Notary Public
'• �+ Lai ANGELES COUNTY
� My Comm.Exp.Doc.27.1991 0 8 B. D
r..
POWER O ORNEY
This Power of Attorney is granted and is signed arid sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors
of the RANGER INSURANCE COMPANY al a meeting duly called and held on November 10, 1988,which said Resolution has not been amended or rescinded and
of which the following is a true,full and complete copy.
"RESOLVED, That this Company do and it hereby does authorize and empower R.Spencer Douglass as Attorney-in-Fact,under its corporate seal,to appoint any
person or persons or Attorney or Attorney-in-Fact or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts,
guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings,required or permitted in all actions
or proceedings or by law allowed,in amounts not exceeding$1,000,000(provided in accordance with the General Agency Agreement executed on November 10,
1988,between Douglass Financial Corp.and Company)in connection with the issuing of surety bail bonds,and license,permit,and miscellaneous bonds on behalf
of the Company and transactions related thereto."
IN WITNESS WHEREOF, the said RANGER INSURANCE COMPANY has caused these presents to be executed by its officer, with its corporate seal affixed.
November 10. 1988 /
I SEAL. Barbara P.Blasingame,Secretary /' l
STATE OF TEXAS)
COUNTY OF HARRIS) •
On this 10th day of November, 1988,before the subscriber,a Notary Public of the Stale of Texas,in and for the County of Harris.duly commissioned and qualified,
came Barbara P.Blasingame,Secretary of RANGER INSURANCE COMPANY,tome personally known to be the individual and officer described in and who executed
the preceding instrument and she acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that she is the said officer of the
Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Corporation, and that the said Corporate Seal and her
signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunder set my hand and affixed my Official Seal,at the City of Houston, the day and year first above written.
llll s.
"OF- Het°
if tier ues
a ` BOrAdailLa 0--)a 1--rt
\
9 }
Andrea Heard,Notary Public
Z 4oic
;torn rt. 47
STATE OF TEXAS)
S 1121,
COUNTY OF HARRIS]
I.undersigned,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and elf eel,and has
not been revoked.
IN WITNESSWHEREOF,� t, I have her-unto subscribed my name as Assistagt Vice President and affixed the Corporate Seal of the Corporation.
�
this .Jik day of , • -• . t., , 19 NO .
-c � R�Co; - /
ha• J.G. •• Ault,Assistant Vice Presi•-nt,Ranger Insurance i any
•
Any correspondence regarding this Power of Attorney should be addressed to Spencer Douglass Insurance Associates
6020 Cornerstone Court West. Suite 300,San Diego,CA 92121-3712
1.7`
t _
'i
�O a e7t)
4' S
Citi of Cupertino
10300 Torre Avenue Box 580
Cupertino,California 95014 Cupertino,CalP.O.PO. 95580
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
August 30, 1991
Joe Casteneda
DeAnza Building Maintenance
3031 Tisch Way
San Jose, ral i fornix 95128
We are enclosing to you for your files and information one (1)1) y of the
Agreement Cupertinoby and between the City of Cupertino
Maintenance and 2) Joe Casteneda which has been fully executed by City
Officials.
Your agreement shall begin on 07/01/91 and shall be ccupleted before '
06/30/92.
Thank you for your services. -
Sincerely, •
CS
D�d!'fiY
CITY CLERK
DC/cs
encl.
cc: Parks and Recreation Dept.
110-6545-716 8� 04y
AGREEMENT '" Not tb exceed $5,000.004!::://
ds CITY OF CUPERTINO C
°ao� P.O. Box 580 ,
amQ' Cupertino, CA 95015 c O 2 k 84 5
• 252-4505 'NO.
3
BY THIS AGREEMENT made and entered into on the 30 day of June 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 3031 Tisch Way City San Jose, CA Zip 95128 Phone 246-11/2
(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:
Refer to Exhibit A.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A (Services - Senior Center)
TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1991
and shall be completed before June 30, 1992
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: As outlined in
EXHIBIT A, #4; including same compensation for Council waived fees.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Diane T. Snow — DEPARTMENT Parks and Recreation
This Agreeme•t shal b:tome effective upon is executio by CITY, in witness thereof, the parties have executed this
Agreement t e day . • •ar rst written a.ove.
CONTRAC •R: CITY OF CUPERTINO
Title 0.-Iso v .'SS%r( Title Recreation Supervisor
Soc. Secril
APPROVALS
nt Head - Date �0 CJ! Date %
White-City Clerk Copy Gree -Finance CanaryB�tractor's Copy Pink-R:calving Copy Goldenrod-Department Copy
EXHIBIT A (Services - Senior Center)
1. The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms and cardroom following
private permits at Cupertino Senior Community Center.
B. Wet mop Multipurpose room, kitchen and bathroom floors, (Lobby if _
necessary - non-alcohol permits. -
C. Strip and wax Multipurpose room floor - permits serving alcohol.
(Wet mop kitchen, bathroom and lobby floor- if needed.)
D. Clean counters, empty trash, stock paper supplies, and vacuum where
needed.
•
2. The times and places CONTRACTOR will perform the services:
A. As schedule demands.
- 3. The number and eligibility of persons to receive the services:
A. N/A
4. Fee to CONTRACTOR for services:
A. Senior Community Center - Multipurpose room/kitchen (without alcohol)
$113.25.
•
Multipurpose room/kitchen (with alcohol)
$208.00,
Ctof Cupertino .
10300 Tone Avenue P.O.Box 580
Cupertino,California.95014 . - Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
July 29, 1991
•
•
DeAnza Services
3031 Tisch Way .
San Jose, ralifornia 95128
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and DeAnza Services which
has been fully executed by City Officials.
Your agreement shall begin on 07/08/91 and shall be oampleted before
06/30/92.
'Thank you for your services.
Sincerely,
,�^J_ y/ /�/j es
DDRDTHY CORr7ELIUS
CITY CLERK
•
•
DC/cs
encl.
•
cc: Dept. of Parks and Recreation
110-6265-761.00
AGREEMENT $12,000.00g-7- 0 q
,,q,Aomaoa
458-000 CITY OF CUPERTINO
loo oscr P.O. Box 580
&GOP Cupertino, CA 95015 p
252-4505 NO? 2 4 7 0 9
BY THIS AGREEMENT made and entered into on the 9th day of July 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Services (2)
Address 3031 Tisch Way City San Jose Zip 95128 Phone 246-1172
(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:
Special cleaning of Quinlan Community Center after private permits
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
None
TERMS The services and/or materials furnished under this Agreement shall commence on July 8, 1991
and shall be completed before June 30, 1992
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
Not to exceed $450.00 each cleaning
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Julia Lamy / DEPARTMENT Parks and Recreation
•
This Agreement shall becoip�8 effective upon its executia CITY, in witness thereof, the parties have executed this
Agreement the day an. dr first written above.
CONTRACTO : /�76 CITY CU ERTINO:
Y By A
Title P • i -- Titl Recreation Superv'sor
Soc. Sec.1
APPROVALS •
D_e •
rt�ment Head . Date Cit - v Dat
iler
White-City Clerk Copy Gr en-Finance Canary-Contractor's Copy Pink-Re elving Copy Goldenrod-Department Copy
•
Cittq of Cupertino
10300 Torre Avenue P.O.Box 580
Cupertino,CA 95014-3255 Cupertino,CA 95015-0580
Telephone:(408)252-4505
FAX: (408)252-0753
DEPARTMENT OF THE CITY CLERK
April 16, 1991
DeAnza Maintenance
10139 Mello Place
Cupertino, California 95014
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and DeAnza Maintenance
which has been fully executed by City Officials.
Your agreement shall begin on 3/01/91 and shall be completed before
06/30/91.
Thank you for your services.
Sincerely,
DOROTHYRNELIUS
CITY CLERK
DC/cs
encl.
cc: Parks and Recreation Dept.
Fc., (0-2.4,5-
AGREEMENT 110.629tT-716.00
C 1 $12,000.00
yt'oot%% CITY OF CUPERTtNO f t f
2.90 — •• P.O. Box 58Q-.4 I '
32,0U Cupertino, CA 95015 0. 4 t 5 i�.
252-4505 1NO
BY THIS AGREEMENT made and entered into on the 5th day of March 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) DeAnza Maintenance (2)
Address 10139 Mello Plare City rupertino Zip ocni4 Phone 257-1357
(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:
Special cleaning of Quinlan Community Center after private permits.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
None
1•11Ag'C34 I t 1911
TERMS The services and/or materials furnished under this Agreement shall commence on au-1-
and
nl and shall be completed before June 30. 1991
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
Not to exceed $450,00 each cleaning
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Julia Law DEPARTMENT Parks and Recreation
This Agree� ie�n shall become effective u o its execution by CITY, in witness thereof, the parties have executed this
Agree int/th da . ii year first writs a ove.
CON RA O' : CITY CUPERTINO:
y ``
Title l �PW-.=4,65-7‘17-PW-.=4,65-7‘PW-.=4,65-7‘17- Tit a
RPrr tinn Gaper izor
Soc/Sec.# - ,
APPROVALS
Oct Head _ Date Cit Cl- GIA.
_D /�
a -
alb/hi i . I, 4(1<-57.,,g- i^ sF l/ )
White-City Clerk Copy eon-Finance Canary-Contractors Copy Pink-R= elving Copy Goldenrod-Department Copy
CERTIFICATE OF INSURANCE 10/29/90___
T PRODUCER T TRIS-CERTIFICATE-IS-ISSUED-AS-A-NATTER"OF-INFORAATIDN-ONCY-AAG-CONFERS T
FOLCK—WHITE INS. SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1361 S. WINCHESTER BLVD.
SAN JOSE, , CA
95128 COMPANIES AFFORDING COVERAGE
PHONE408-984-2000
INSURED COMPANY LETTER A UNIGARD INSURANCE GROUP
DE ANZA BLDG MAINTENANCE COMPANY LETTER B
JOE CASTANEDA
478 VANDELL WAY COMPANY LETTER C
CAMPBELL, CA
95008 COMPANY LETTER D
COMPANY LETTER E
> COVERAGES <
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS
LTR DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE 12000
A [XI COMMERCIAL GEN LIABILITY 1 PRODS-COMP/OPS AGG. 2000
I ] [ 3 CLAIMS MADE D<l OCC. MC 203689 07/01/90 07/01/91 PERS. & ADVG. INJURY 1000
[ 3 OWNER'S & CONTRACTORS 1 1 EACH OCCURRENCE 1 000
PROTECTIVE 1 1
1 1 FIRE DAMAGE
[ ] 1 (ANY ONE FIRE) 50
[ I MEDICAL EXPENSE
(ANY ONE PERSON) 5
AUTOMOBILE LIAR CSL
I 3 ANY AUTO BODILY INJURY
[ ] ALL OWNED AUTOS (PER PERSON)
[ I SCHEDULED AUTOS
[ ] HIRED AUTOS BODILY INJURY
[ ] NON-OWNED AUTOS (PER ACCIDENT)
[ 3 GARAGE LIABILITY PROPERTY
EXCESS LIABILITY EACH OCC 1 AGGREGATE
I ] UMBRELLA FORM
[ I OTHER THAN UMBRELLA FORM 1
STATUTORY
A WORKERS' COMP WC-520427-90 09/29/90 09/29/91 1000 EACH ACC
AND 1 1000 DISEASE-POLICY LIMIT
A EMPLOYERS' LIAB 1 1000 DISEASE-EACH EMPLOYEE
OTHER 1
1 1
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ALL CALIFORNIA OPERATIONS
> CERTIFICATE HOLDER C > CANCELLATION
= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF CUPERTINO = PIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
Attn: CITY CLERK = DAYS WRITTEN NOTICE Tb THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT
10300 TORRE AVENUE = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
CUPERTINO, CA = ANY KIND UPON THE COMPANY, ITS ADEN S OR REPRESENTATIVES:
95014 =
= AUTHORI]ED REPRESENTATIVE � ,,p
ACORn ORD 25—S (3/88) _ ® L-4
•
Citta of Cupertino
10300 Torre Avenue P.O.Box 580
Cupertino,CA 950143255 Cupertino,CA 95015-0580
Telephone:(408)252-4505
FAX:(408)252-0753
DEPARTMENT OF THE CITY CLERK
August 26, 1990
DeAnza Building Maintenance
478 Vandell Way
Campbell, California 95008 •
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and DeAnza Building
Maintenance which has been fully executed by City Officials.
Your agreement shall begin on 7/01/90 and shall be completed before
06/30/91.
Thank you for your services.
Sincerely,
r..e.Qcc c,a�S
DOROTI3Y c-o2�
CITY CLERK
DC/cs
encl.
cc: Department of Parks & Recreation
2' ;, no - 6-1545 - -filo el„00<
' ' ' AGREEMENT &1065.457-
Not to exceed $5,000.00
Om8'r
sea O
doo < ° CITY OF CUPERTINO •
O Os
P.O. Box 580
20 AtiO c eo' •
Cupertino, CA 95015 {
252-4505 NO. ; 0 2 3; 131
BY THIS AGREEMENT made and entered into on the 30 day of June 19 90
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Campbell Zip 95008 Phone 408-251-1357
(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:
Refer to Exhibit A
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A (Services - Senior Center)
TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1990
and shall be completed before June 30, 1990
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: As outlined in
EXHIBIT A, //4; including same compensation for Council Waived fees.
.1'1, GENERAL TERMS AND CONDITIONS
,__,ThHold 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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Diane T. Snow DEPARTMENT Parks and Recreation
This Agreement shallecome effective upon ution by CITY, in witness thereof, the parties have executed this
Agreement t. •••y`. d ear first written abs.
CONTR. TO'/ // CITY OF CUPERTINO::
at. ES �: ��
By
By .tliVsl v {T 1 ,
Title 0,-. _ErMMme" Title Recreation Supervisor
_
Soc. Se, .1/ 1
APPROVALS 77
tHead jCi C / — I .
am ! f // �Q
t
White-City Clerk Copy Green- finance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Cop,
EXHIBIT A (Services - Senior Center)
1. The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms and cardroom following
private permits at Cupertino Senior Community Center.
B. Wet mop Multipurpose room, kitchen and bathroom floors, (Lobby if _
necessary - non-alcohol permits.
C. Strip and wax Multipurpose room floor - permits serving alcohol.
(Wet mop kitchen, bathroom and lobby floor if needed.)
D. Clean counters, empty trash, stock paper supplies, and vacuum where
needed.
2. The times and places CONTRACTOR will perform the services:
A. As schedule demands.
3. The number and eligibility of persons to receive the services:
A. N/A
4. Fee to CONTRACTOR for services:
A. Senior Community Center - Multipurpose room/kitchen (without alcohol)
$113.25.
Multipurpose room/kitchen (with alcohol)
$208.00,
v'-as
s%, 'r
c -/-
Citta of Cupertino
10300 Tone Avenue P.O.Box 580
Cupertino,CA 95014-3255 Cupertino,CA 95015-0580
Telephone: (408)252-4505
FAX: (408)252-0753
DEPARTMENT OF THE CITY CLERK •
August 27, 1990
DeAnza Building Maintenance
10139 Mello Place
Cupertino, California 95008
We are enclosing to you for your files and information one (1) copy of the
Agreement by and between the City of Cupertino and DeAnza Building
Maintenance which has been fully executed by City Officials.
Your agreement shall begin on 7/01/90 and shall be completed before
06/30/91.
Thank you for your services.
Sincerely,
•
DOROTHY CORNELIUS
CITY CLERIC
DC/cs
enc]..
cc: Department of Parks & Recreation
10)110-6200-716.00
~" AGREEMENT i $12,000.00
Oir4 !i
4oaoo s6il CITY OF CUPERTINO •
tocON P.O. Box 580 ;
Ckmdar Cupertino, CA 95015 p 0 2 3 0 6 6
252-4505 NO.
1
BY THIS AGREEMENT made and entered into on the 2nd day of August 19 90
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) DeAnza Maintenance (2)
Address 10139 Mello Plane City rnperti nn Zip 95014 Phone 257-1197
(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:
Special cleaning of Quinlan Community Center after private permits.
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
None
TERMS The services and/or materials furnished under this Agreement shall commence on July 1. 1990
and shall be completed before June 30, 1991
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
Not to exceed $450.00 each cleaning
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Julia Lamy DEPARTMENT Parks and Recreation
This Agreement I ,'com- effective upon its exec .'on by CITY, in witness thereof, the parties have executed this
Agreement th- ,. L f rst written above.
CONTRACT., /f CITY OF) CUPERTIN
��
By LaAt By 'k41'1-4_
Title 0•erat —. u-.:.r • - 1 Tile Recreation SSupdrvisor
Soc. Sec "#
APPROVALS
nt Head Dale Cit 7 lea ØZ
•
4
White-City Clerk Copy Green- nance Canary-Contractor's Copy Pink-Receiving Goldenrod-Department Copy
Citl of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
August 1, 1989
Joe Castaneda
DeAnza Building Maintenance
• 478 Vandell Way
Campbell, California 95008
We are enclosing to you for your files and information one (1) copy of the
Agreements by and between the City of Cupertino and 1) DeAnza Building
Maintenance and 2) Joe Castaneda which has been fully executed by City
Officials.
Your agreement shall begin on 7/01/89 and shall be completed before
06/30/90.
Thank you for your services.
Sincerely,
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERI'nio
DO/cs
encl.
cc: Parks & Recreation
• AGREEMENT ,�n Acct. 11Exceed49-716
d--" Not to Exceed: $3,500.00
OmaA
Soso 44 CITY OF CUPERTINO
too �,�u� . P.O. Box 580
&mar Cupertino, CA 95015 0 2 14 14
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 30th day of June 19 89
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Campbell Zip 95008 Phone 257-1357
(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:
Refer to EXHIBITS A and B
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A (Services — Senior Center)
EXHIBIT B (Services — Monta Vista Recreation Center)
TERMS The services and/or materials furnished under this Agreement shall commence on July 1. 1989
and shall be completed before June 30, 1990
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: As outlined in
EXHIBIT A, #4 and EXHIBIT B, #4.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Stephen G. Dowling DEPARTMENT Parks and Recreation
This Agreement's .11b. ome effective upon its •xecu.ion by CITY, in witness thereof, the parties have executed this
Agreement t 6 day . _ -ea first written abo .
CONTRAC OR/ CITY OF CUPERTINO:
By Aidl_ei By Com' j
Title .stat= _ Title Director Parks a Recreation
Soc. -c.��
APPROVALS
Dea Head Date C or. scI. 7%/ -sr
White-City Clerk Cnnv Gree -Finance Canary-Contractors C.ov Pink eceivino Coov Goldenrod-Department Coov
A G R E E M E N T- �) Acct. #110-0445-716
, r Exceed: $1,500.00
Qmg�o��� Acct. #110-0460-716
?oG%s CITY OF CUPERTINO Not to Exceed: $1,500.00
Itoao .. P.O. Box 580
CPgn Cupertino, CA 95015 0 2 1 4 1 5
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 30th day of June 19 89
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Campbell. Zip• 95008 Phone 25/-1357
(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: Special cleanings
for the Senior Center and Monta Vista Recreation Center following Council Waived
fees for private permits.
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 July 1. 1989
and shall be completed before June 30, 1990
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: Same
compensation as for all regular fee private permits.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Stephen G. Dowling DEPARTMENT Parks and Recreation
This Agreem• • sh.11 •-come effective upon its exe ution .y CITY, in witness thereof,the parties have executed this
Agreemen he day . . •. first written above.
CONTR•CTO',/ ' CITY OF CUPERTINO:
By it of By ( —
Title 0'e 'o.s ana:er Title Director of Par s and Recreation
Soc. Sgc.# • .-
APPROVALS .
Department Head Date C y / I'I Date
•
White-City Clerk Copy Green-Flnanc= Canary-Contractor's Copy Pink-Re eiving Copy Goldenrod-Department Copy
De Anza Building Maintenance
EXHIBIT A (Services — Senior Center)
i . The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms following private
permits at Cupertino Senior Community Center.
B. Wet mop Multipurpose Room, kitchen, and bathroom floors, (Lobby if
necessary - non-alcohol permits.
C. Strip and wax Multipurpose room floor - permits serving alcohol.
(Wet mop kitchen, bathroom and lobby floor if needed.)
D. Clean counters, empty trash, stock paper supplies.
2. The times and places CONTRACTOR will perform the services:
As schedule demands.
The number and eligibility of person to receive the services:
N/A
3. Fee to CONTRACTOR for services:
Senior Community Center (without alcohol) $106.85 •
(with alcohol) $196.60
DE ANZA BUILDING MAINTENANCE
EXHIBIT B (Services ,, Monta Vista Recreation Center)
1 . The services to be performed by Contractor:
A. Cleaning of Multipurpose Room, Rooms #2, #3, 114, and Restrooms
following private permits at Monta Vista Recreation Center.
B. Wet mop kitchen, bathroom floors, lobby floor.
C. Vacuum multipurpose room, rooms #2, #3, and #4.
D. Clean counters, empty trash, stock paper supplies.
E. Spot clean carpets.
2. The times and places CONTRACTOR will perform the services:
As schedule demands.
•
The number and eligibility of persons to receive the services:
N/A
=1. Fee to CONTRACTOR for services:
Monta Vista Recreation Center — $56.20 per special cleaning.
91-
k
Citti of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
August 15, 1988
De Anza Building Maintenance
Mr. Joe Castane1a
478 Vandell Way
Campbell, CA 95008
SERVICES - SENIOR CENTER - MONTA VISTA RECREATION CENTER
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and De Anza Building Maintenance, which
has been fully executed by City Officials.
This agreement shall commence on July 1, 1988 and shall be completed
before June 30, 1989.
Sincerely,
DOR YTHY CON a S
CITY CLERK
CITY OF CUPERL'INO
DC/so
encl.
Acc
AGREEMENT t Notto#810-0449-76
/ c9
Exceed:$ 3,500.00
ogria l000'sb-di! CITY OF CUPERTINO /�
4•oap°5•5:, P.O. Box 580
�4 Cupertino, CA 95015
252-4505 NO 0 19 9 0 2
0s C •
BY THIS AGREEMENT made and entered into on the 1st day of August 19 88
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Camphe-I1 Zip 95008 Phone 408-253-1357
(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:
Refer to EXHIBITS A and B
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A (Services - Senior Center)
EXHIBIT B (Services - Monta Vista Recreation Center)
TERMS The services and/or materials furnished under this Agreement shall commence on July 1. 1988
and shall be completed before June 30, 1989
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: As outlined in
EXHIBIT A, #4 and EXHIBIT B, #4.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation of master and servant exists between City and undersigned.Mall 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 Ste.h-n G. Dowlin• DEPARTMENT Parks and Recreation
This AgII II become effective upon its •cution by CITY, in witness thereof,the parties have executed this
Agreemy . :r first written abov
CONT • CITY OF CUPERTINO:
al
BY mitil/I 1 0 By -- - +
Title hlt- W 7 u. ,. • - -miavor Title Director of Parks an' Recreation
Soc. /ec.#
APP•OVALS
Department Head Date Cit le • r D 7
White-City Clerk Copy Green- nance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Copy
De Anza Building Maintenance
EXHIBIT 141=(Service`s-' Senior Center)
1 . The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms following private
private permits at Cupertino Senior Community Center.
B. Wet mop Multipurpose Room, Kitchen, and Bathroom floors, (Lobby if
necessary - Non-alcohol -permits.
C. Strip and Wax Multipurpose room floor - permits serving alcohol.
(Wet mop Kitchen, Bathroom and Lobby floor if needed.)
D. Clean counters, empty trash, stock paper supplies.
2. The times and places CONTRACTOR will perform the services:
As schedule demands.
The number and eligibility of persons to receive the services:
N/A
4. Fee to CONTRACTOR for services:
Senior Community Center (without alcohol) $106.85
(with alcohol) $196.60
De Anza Building Maintenance
EXHIBIT g (SerVie'SS '- Monta Vista Recreation Center)
I
1 . The services to be performed by Contractor:
A. Cleaning of Multipurpose Room, Rooms #2, #3, #4, and Restrooms-following
private permits at Monta Vista Recreation Center.
B. Wet mop kitchen, bathroom floors, lobby floor.
C. Vacuum Multipurpose Room, .Rooms #2, #3, and #4.
D. Clean counters, empty trash, stock paper supplies.
E. Spot clean carpets.
2. The times and places CONTRACTOR will perform the services:
As schedule demands.
•
C. The number and eligibility of persons to receive the services:
N/A
4. Fee to CONTRACTOR for services:
Monta Vista Recreation Center - $56.20 per special cleaning;
r t`
-4
Cites of Cupertino
10300 Torre Avenue P.O. Box 580 - '
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
August 15, 1988
De Anza Building Maintenance
Mr. Joe Castaneda
478 Vandal]. Way
Campbell, CA 95008
SERVICES - Special Cleanings for the Senior Cener and Monta Vista
Recreation Center Following Council Waived Fee Private Permits.
We are enclosing to you for your files one (1) copy of the Agreement by
and between the City of Cupertino and De Anza Building Maintenance, which
has been fully executed by City Officials.
This agreement shall commence on July 1, 1988 and shall be completed
before June 30, 1989.
Sin - -
DOROTHY Gt ri S
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
Acc
AGREEMENT Nott to//Exceed:
c55-716
$1,500.00
' C.
(mog�o�, Acct. #110-0460-716
avod'sb-dV CITY OF CUPERTINO Not to Exceed: $1,500.00
—sd oa to',, o P.O. Box 580
�a Cupertino, CA 95015
252-4505NO. 019901
BY THIS AGREEMENT made and entered into on the 1st day of August ' 19 88 ' '
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Campbell Zip 95008 Phone 408-253-1357
(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: Special cleanings
for the Senior Center and Monta Vista Recreation Center following Council waived
fee private permits.
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 July 1, 1988
and shall be completed before June 30, 1989
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: Same
compensation as for all regular fee private permits.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 te.hen G. Dowlin: DEPARTMENT Parks and Recreation
This Agr> en s become effective upon its ex• . tion by CITY, in witness thereof, the parties have executed this
Agreem•ntthe an. •ar first written above.
CONT'AC/ CITY OF CUPERTINO:
BY /P_� �2.41 Byllf 9
Title 'J`�L ?o s ana:er illmilte— Title Director of Parks a'nd Recreation
Soc. Sec.
APPROVALS 1
Department Head Date Cit; Cl- k / 44 �q/
White-City Clerk Com Green- mance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Copy
i
•
A.C' t;..
Citi of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
tl'fMU,: CITY HALL
1C"c0 S. DeAnza Blvd.
DEPARTMENT OF THE CITY CLERK C:: .;,:90. CA 95014
November 13, 1987
De Anza Building Maintenance
Attn: Joe Castaneda
478 Vandell Way
Campbell, CA 95008
CITY OF CUPERTINO
We are enclosing to you an Agreement by and between the City of
Cupertino and De Anza Building Maintenance which has been fully
executed by City Officials.
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
00
A G R E E M E N T Acct. Exceed :149-716.0Not 00
omr�
pavd& CITY OF CUPERTINO
VG°r P.O. Box 580
�tP" Cupertino, CA 95015 0 1 8 7 3 5
252-4505 NO.
•
BY THIS AGREEMENT made and entered into on the 15 day of October 19 87
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandell Way City Campbell Zip 95008 Phone 4U8-973-0619
(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:
NOV :/ ?t -Refer to Exhibit A
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A (Services)
TERMS The services and/or materials furnished under this Agreement shall commence on October 15, 1987
and shall be completed before January 31 , 1988
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
As outlined in Exhibit A, #4
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 costs of defending any claim, caused by or arising out of the per-
formance 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 relation 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 Stephen G. Dowling DEPARTMENT Parks and Recreation
This Agreement sh. 'ecome effective upon its exe• 8. by CITY, in witness thereof,the parties have executed this
Agreement :a :nd r first written above.
CONTRA CITY OF CUPERTINO: .
X By -ani. /u�. — �
X Title • ._ LUTit�:t�a.i- W Title Di rect.r of Parks- and Recref ion
X Soc. S/.#
APPROVALS
Department Head Date
City C Date z-A�y
-nrie (Ariel, /7
White-City Clerk Copy Gree -Finance Canary-Contractors Copy Pink-Receiving Copy Goldenrod-Department Copy
•
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EXHIBIT A (Services)
1 . The services to be performed by Contractor:
A. Cleaning of Multipurpose room and restrooms following private permits
at Cupertino Senior Community Center.
B.Wet mop Multi-purpose Room, Kitchen, and Bathroom floors, (Lobby if
necessary) - non-alcohol permits.
C..Strip and Wax Multi-purpose room floor,- permits serving alcohol . (Wet mop
Kitchen, Bathroom and Lobby floor if needed)
D..Claan rnunters ampty trash, stnrk paper supp1ins
2. The times and places CONTRACTOR will perform the services:
As schedule demands .
The number and eligibility of persons to receive the services:
N/A
4. Fee to CONTRACTOR for services :
Senior Community Center (without alcohol ) $106.85 •
(with Alcohol ) $196.60
NAME: DeAnza Building Maintenance
EXHIBIT A (services)
1. The services to be performed by CONTRACTOR:
A. Cleaning of Multipurpose Room, Rooms #2,#3,#4, and restrooms following
private permits at Monta Vista Recreation Center.
B. Wet mop kitchen, bathroom floors, lobby floor
C. Vacuum Multipurpose Room, Rooms #2, #3, #4
D. Clean counters, empty trash, stock paper supplies. E. Spot clean carpets
2. The times and places CONTRACTOR will perform the services:
As schedule demands
.3. The number and eligibility of persons to receive the services:
N/A
4. Fee to CONTRACTOR for services:
Monta Vista Recreation Center - $56.20 per special cleaning
•
„,iy�jC $t?z
Ars lc,
Citi of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino,California 95015
Telephone: (408)252-4505
Ilil'[I?kS, CITY HALL
S. D.Anza Blvd.
DEPARTMENT OF THE CITY CLERK C..; AG. CA 9E014
December 17, 1987
Joe Castaneda
De Anza Building Maintenance
478 Vandell Way
Campbell, CA 95008
CITY OF CUPERTINO
We are enclosing to you an Agreement by and between the City of
Cupertino and De Anza Building Maintenance which has been fully
executed by City Officials.
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
Acct. #110-0445.711
AG R E E M E Not to exceed: $1,500.00
Ask Acct. #110-0460.711
�000dl/ CITY OF CUPERTINO Not to exceed: $1,500.00
t'o. °° P.O. Box 580
t?pear Cupertino, CA 95015 0 1 8 8 2
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 15 day of October 19 87
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) De Anza Building Maintenance (2) Joe Castaneda
Address 478 Vandel I Wav City Campbellzip `95008 Phone 408-9/3-0619
(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: Special cl eani ngs
10 DEL, 87 :
for the Senior Center and Monta Vista Recreation Center following Council waived
fee private permits.
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 October 15, 1987
and shall be completed before January 31, 1988
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: Same
compensation as for all regular fee private permits.
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 costs of defending any claim,caused by or arising out of the per-
formance 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 relation 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 Stephen G. Dowling DEPARTMENT Parks and Recreation
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: CITY OF C PERTINO:
By � Q By e
Title Operatinns Manager Title Director of Park Recreation
Soc. Sec.# /
APPROVALS
fr
Department Head Date C - . / Date
Y / /z— 'J7
White-City Clerk Cony Green-Finance Canary-Contractors C.Dv Pink-Receivinn COPY Goldenrod-Department Copy