85-047 Operation Sentinel (aka Project Sentinel, or Stanford Mid-Peninsula Urban Coalition) Rental Mediation ServicesRETURN TO CITY OF CUPERTINO
OFFICE OF THE CITY CLERK
P. 0. BOX 580
CUPERTINO, CA 95014
AaRRR.MRMT
THIS AGREEMENT, made and entered into this 5th day of
August , 1985, by and between the CITY OF CUPERTINO, a
municipal corporation of California, hereinafter referred to
as "CITY", and STANFORD MID -PENINSULA URBAN COALITION
(Operation Sentinel), a Rental Mediation Service with
offices at 860 Escondido Road, Stanford, California
94305, and 582 B Dunholme Way, Sunnyvale 94087, California
hereinafter referred to as "CONTRACTOR";
W I T N E S S E T H•
WHEREAS, CITY desires to retain services in conjunction
with a Rental Mediation Program; and
WHEREAS, CITY desires to engage CONTRACTOR to provide
these services by reason of its qualifications and experi-
ence for performing such services, and CONTRACTOR has offer-
ed to provide the required services on the terms and in the
manner set forth herein;
NOW, THEREFORE, in consideration of their mutual cove-
nants, 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 munici-
pal 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.
(c) The term "City Attorney shall mean the duly
appointed City Attorney of the City of Cupertino,
California, or his designated representative.
(d) The term "City Clerk" shall mean the duly ap-
pointed City Clerk of the City of Cupertino, California, or
her designated representative.
C.C.11 1
2. PROJECT COORDINATION.
(a) City. The City Manager shall be representative
of CITY for all purposes under this agreement.
The Assistant City Manager is hereby designated as the
PROJECT MANAGER for the City Manager, and shall super-
vise 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 CONTRACTOR.
Ann Marquart hereby is designated as the PROJECT DIRECTOR
for CONTRACTOR. Should circumstances or conditions subse-
quent to the execution of this agreement require a substi-
tute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR
designee shall be subject to the prior written acceptance
and approval of the PROJECT MANAGER.
3. DUTIES OF CONTRACTOR.
(a) Services to be Furnished. CONTRACTOR shall
provide all specified services as set forth in Exhibit A,
attached hereto and incorporated by reference herein:
(b) Laws to be Observed. CONTRACTOR shall:
(1) Procure all permits and licenses, pay all
charges and fees, and give all notices which may be neces-
sary and incident to the due and lawful prosecution of the
services to be performed by CONTRACTOR under this agreement;
(2) Keep itself fully informed of all existing
and future federal, state, and local laws, ordinances, regu-
lations, orders, and decrees which may affect those engaged
or employed under this agreement, any materials used in
CONTRACTOR's performance under this agreement, or the con-
duct 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, regu-
lations, orders, and decrees mentioned above;
(4) Immediately report to the PROJECT 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, specifi-
cations, or provisions of this agreement.
C.C.11 2
(c) Release of Reports and Information. Any re-
ports, information, data, or other material given to, or
prepared or assembled by, CONTRACTOR or its subcontractors,
if any, under this agreement shall be the property of CITY
and shall not be made available to any individual or organi-
zation by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
(d) Copies of Reports and Information. If CITY
requests additional copies of reports, drawings, specifi-
cations or any other material which CONTRACTOR is required
to furnish in limited quantities as part of the services
under this agreement, CONTRACTOR shall provide such addition-
al copies as are requested and CITY shall compensate CON-
TRACTOR for the costs of duplicating of such copies at
CONTRACTOR's cost.
(e) Qualifications of Contractor. CONTRACTOR repre-
sents that it is qualified to furnish the services described
under this agreement.
4. COMPENSATION. For full performance of the services
described herein by CONTRACTOR, CITY shall pay CONTRACTOR at
the rate of One Thousand Five Hundred Twenty-three Dollars
and Thirty-four cents ($1,523.34) per month, payable upon
submission by CONTRACTOR of an itemized billing in tripli-
cate; provided, however, that the total sum payable to CON-
TRACTOR shall not exceed Fourteen Thousand Four Hundred
Seventy-one Dollars and Sixty-seven cents ($14,471.67), for
the specified term of this agreement.
5. DUTIES OF CITY. CITY shall provide all specified
services as set forth in Exhibit B, attached hereto and in-
corporated by reference herein:
6. TERM. The services to be performed hereunder shall
commence on September 15, 1985, and shall be completed by
June 30, 1986.
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 CONTRACTOR
to perform any provision of this agreement.
8. EXTENSION OF TERM. In the event that the services
called for under this agreement are not completed within the
C.C.11 3
time specified above, the City Manager shall have the option
to extend the time for completion. This paragraph does not
preclude the recovery of damages for delay by either party.
9. SUSPENSION; TERMINATION.
(a) Right to Suspend or Terminate. Either party
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,
CONTRACTOR shall be paid for all services actually rendered
to CITY to the date of such suspension or termination; pro-
vided, however, if this agreement is suspended or terminated
for fault of CONTRACTOR, CITY shall be obligated to compen-
sate CONTRACTOR only for that portion of CONTRACTOR's ser-
vices which are of benefit to CITY.
(c) Return of Materials. Upon such suspension or
termination, CONTRACTOR shall turn over to the City Manager
immediately any and all copies of studies, sketches, draw-
ings, computations, and other data, whether or not complet-
ed, prepared by CONTRACTOR or its subcontractors, if any, or
given to CONTRACTOR or its subcontractors, if any, in connec-
tion with this agreement. Such materials shall become the
permanent property of CITY. CONTRACTOR, however, shall not
be liable for CITY's use of incomplete materials or for
CITY's use of complete documents if used for other than the
project contemplated by this agreement.
10. INSPECTION. CONTRACTOR shall furnish CITY with
every reasonable opportunity for CITY to ascertain that the
services of CONTRACTOR are being performed in accordance
with the requirements and intentions of this agreement. All
work done and all materials furnished, if any, shall be sub-
ject 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.
11. INDEPENDENT JUDGMENT. Failure of CITY to agree
with CONTRACTOR's independent findings, conclusions, or
recommendations, if the same are called for under this agree-
ment, on the basis of difference in matters of judgment
C.C.11 4
shall not be construed as a failure on the part of CON-
TRACTOR to meet the requirements of this agreement.
12. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES.
(a) Assignment. Both parties shall give their
personal attention to the faithful performance of this agree-
ment 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 writ-
ten 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 con-
sent 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.
(b) Subcontractors. It is agreed that this agree-
ment is for the personal services of Operation Sentinel and
cannot be performed by any other person or organization.
(c) Subcontractors; Employees. CONTRACTOR shall
be responsible for employing or engaging all persons neces-
sary to perform the services of CONTRACTOR hereunder. No
subcontractor of CONTRACTOR will be recognized by CITY as
such; rather, all subcontractors are deemed to be employees
of CONTRACTOR, and it agrees to be responsible for their
performance. CONTRACTOR shall give its personal attention
to the fulfillment of the provisions of this agreement by
all of its employees and subcontractors, if any, and shall
keep the work under its control. If any employee or subcon-
tractor of CONTRACTOR fails or refuses to carry out the pro-
visions of this agreement or appears to be incompetent or to
act in a disorderly or improper manner, he shall be discharg-
ed immediately .from the work under this agreement on demand
of the PROJECT MANAGER.
13. NOTICES.
writing and mailed,
dressed as follows:
TO CITY:
All notices hereunder shall be given in
postage prepaid, by certified mail, ad -
Office of the
P.O. Box 580
Cupertino, CA
C.C.11 5
City Clerk
95014-0580
TO CONTRACTOR Attention of the PROJECT
DIRECTOR at the address of
CONTRACTOR recited above.
14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that
it presently has no interest, and shall not acquire any in-
terest, 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. CON-
TRACTOR certifies that no one who has or will have any finan-
cial interest under this agreement is an officer or employee
of CITY. It is expressly agreed that, in the performance of
-the services hereunder, CONTRACTOR shall at all times be
deemed an independent contractor and not an agent or em-
ployee of CITY.
15. INDEMNITY. CONTRACTOR hereby agrees to indemnify
and save harmless CITY, its officers, agents, and employees
of and from:
(a) 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 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 CONTRACTOR or any subcontractor
under this agreement or of CONTRACTOR's or any subcon-
tractor's employees or agents;
(b) Any and all damage to or destruction of the
property of CITY, its officers, agents, or employees occu-
pied or used by or in the care, custody, or control of CON-
TRACTOR, or in proximity to the site of CONTRACTOR's work,
caused by any act or omission, negligent or otherwise, of
CONTRACTOR or any subcontractor under this agreement or of
CONTRACTOR'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 sub-
contractor 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 offi-
cers, agents, or employees;
C.C.11 6
(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 CONTRACTOR or any subcontractor under this
agreement; and
(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.
CONTRACTOR, at its own cost, expense, 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 penalities, 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.
16. WORKERS' COMPENSATION. CONTRACTOR 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 provi-
sions before commencing the performance of the work of this
agreement.
17. INSURANCE. CONTRACTOR, at its sole cost and ex-
pense, shall obtain and maintain in full force and effect
throughout the entire term of this agreement the insurance
coverage of at least a "B" rating as determined in accord-
ance with the insurance industry standard, insuring not only
CONTRACTOR, but also (with the exception of workers' compen-
sation and employer's liability insurance), CITY, its offi-
cers, agents, and employees, and each of them with respect
to activities and services performed by CONTRACTOR for or on
behalf of CITY under the provisions of this agreement.
Certificates of such insurance, preferably on the
forms provided by CITY, shall be filed with CITY concurrent-
ly with the execution of this agreement or, with CITY's ap-
proval, within ten (10) days thereafter. Said certificates
shall be subject to the approval of the City Attorney and
shall contain an endorsement stating that said insurance is
C.C.11 7
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.
18. AGREEMENT BINDING. The terms, covenants, and con-
ditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
19. 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, con-
dition, ordinance, or law or of any subsequent breach or
violation of the same or of any other term, covenant, condi-
tion, ordinance, or law. The subsequent acceptance by
either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preced-
ing breach or violation by the other party of any term, cove-
nant , or condition of this agreement or of any applicable
law or ordinance.
20. COSTS AND ATTORNEYS FEES. The prevailing party in
any action brought to enforce the terms 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.
21. NONDISCRIMINATION. 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. If the value of this agreement is, or may
be, Five Thousand Dollars ($5,000) or more, CONTRACTOR
agrees to meet all requirements of the Cupertino Municipal
Code pertaining to nondiscrimination in employment and to
complete and submit the "Compliance Report --Nondiscrimi-
nation Provisions of City of Cupertino Contracts" on the
form furnished by CITY.
If CONTRACTOR is found in violation of the nondis-
crimination provisions of the State of California Fair Em-
ployment Practices Act or similar provisions of federal law
or executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement.
C.C.11 8
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
breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission or the equiv-
alent federal agency or officer shall constitute evidence of
a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondis-
crimination provisions of this agreement or the applicable
affirmative action guidelines pertaining to this agreement,
CONTRACTOR shall be found in material breach of this agree-
ment. 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 CON-
TRACTOR is found to have been in such noncompliance as
damages for said breach of contract, or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This docu-
ment 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 amended only by written instrument, signed
by both CITY and CONTRACTOR. All provisions of this agree-
ment are expressly made conditions. This agreement shall be
governed by the laws of the State of California.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed
this agreement the day and year first above written.
ATTEST:
WC't-yClerk
APPROVED T ORM:
�Clty Attor ey
C.C.11 9
CITY OF CU ERTINO
T
or
APPROVED:
4"
ssistant C' anager
Director of F' ance
C.C.11 10
EXHIBTT A
Services to be provided by CONTRACTOR: The following
services, facilities, programs and materials are to be pro-
vided by the CONTRACTOR:
1. OFFICES: CONTRACTOR shall provide and maintain an
office facility at 582 B Dunholme Way, Sunnyvale, CA. This
office shall be staffed and open for business during all
hours that the Cupertino City Hall is open for regular busi-
ness. If for any reason the office facilities at 582 B
Dunholme Way, Sunnyvale, are rendered unavailable for pur-
poses of this agreement, whether or not due to the actions
of CONTRACTOR or third parties, CONTRACTOR shall provide
facilities of equivalent quality and convenience to the resi-
dents of the City of Cupertino.
2. TELEPHONE: CONTRACTOR shall provide telephone infor-
mation and referral services to Cupertino residents. This
telephone service shall be toll free to all Cupertino resi-
dents and shall be available during the hours that the
Cupertino City Hall is open for regular business.
3. COMMUNITY EDUCATION AND INFORMATIONAL PUBLICATIONS:
CONTRACTOR shall develop and implement a comprehensive pro-
gram to inform Cupertino residents of the services and mater-
ials available through Operation Sentinel. CONTRACTOR will
utilize appropriate media forms (e.g., newspaper, radio,
television, cable, etc.) to publicize the availability of
these services, and to educate the Cupertino Community about
the rental mediation dispute resolution program. CONTRACTOR
will distribute and/or make available copies of the Cali-
fornia Department of Consumer Affairs Tenant/Landlord
Brochure, and other relevant publications.
4. DATA COLLECTION, RECORDS, REPORTS: CONTRACTOR will
maintain complete and accurate records of all inquiries,
requests for services, and disposition of cases. CONTRACTOR
will monitor and record relevant demographic data, and pro-
vide monthly summary sheets, as well as a year end report of
the program and pertinent statistical information. CON-
TRACTOR agrees to provide CITY with access to all data,
records and evaluations produced or maintained by CONTRACTOR
which pertain to services rendered pursuant to this agree-
ment.
C.C.11 11
5. MEDIATORS: CONTRACTOR is responsible for recruit-
ing, training, supervision and evaluation of volunteer media-
tors. Where appropriate and necessary; CONTRACTOR will pro-
vide additional training to ensure proficiency and consisten-
cy of mediation services, mediators shall be periodically
evaluated and remain under the supervision of CONTRACTOR.
Applicants shall be carefully screened and monitored to en-
sure objectivity and to prevent any conflict-of-interest.
CONTRACTOR agrees to take any and all reasonable, appropri-
ate steps to ensure that mediators perform in a professional
and objective manner, and are fully aware of the purpose and
objectives of the rental mediation dispute resolution
program.
6. MEDIATION PROCESS: Under this agreement, CONTRACTOR
will provide both first and second tier mediation services.
First tier mediation sessions will be open with closed
caucuses. Cases submitted for mediation will be thoroughly
documented for purposes of statistical data collection, re-
cording and evaluation. If mediation results in an agree-
ment between the parties, the terms of the agreement shall
be put into writing and signed. If no agreement is reached,
the mediator shall prepare a report, summarizing the issues
discussed and documenting the pertinent facts of the case.
Upon written request by either of the parties to the
dispute, and with the recommendation of the mediator who
conducted the first tier mediation session, CONTRACTOR will
provide a second tier mediation session. The only issue
which may be mediated at the second tier session is the
amount of rent. Second tier sessions will be attended by a
member of the Cupertino City Council or designated staff
representative. Results of the second tier mediation ses-
sion will be reported to the City Council.
C.C.11 12
EXHIBIT B
Services to be provided by CITY: The following servi-
ces, facilities, programs, and materials are to be provided
by the CITY OF CUPERTINO.
1. FACILITIES: The CITY will provide appropriate meet-
ing facilities (conference room, office, or equivalent) for
purposes of conducting mediation sessions. These facilities
shall be located in the City Hall building at 10300 Torre
Avenue, Cupertino. If for any reason such facilities cannot
be made available, the CITY will provide facilities of equiv-
alent quality and convenience.
2. REFERRALS: The CITY will take appropriate measures
to ensure that residents of the City of Cupertino seeking
information about landlord -tenant matters, which are within
the scope of CONTRACTOR's services, are directed to contact
CONTRACTOR.
3. INFORMATION DISTRIBUTION AND EDUCATION: The CITY
agrees to provide display space, as necessary, for litera-
ture and other publications to be distributed by CONTRACTOR.
Such display space shall be provided in appropriate public
buildings owned by the CITY (e.g., City Hall, Library, etc.).
CITY agrees to ensure that all CITY employees who, in the
course of their employment, would have reason to deal with
persons who might require mediation services, to be familiar
with the rental mediation program. CITY agrees to cooperate
with CONTRACTOR in promoting and publicizing the rental medi-
ation program.
C.C.11 13
TRI -COUNTY
rC 14 f
APARTMENT
ASSOCIATION
ASSOCIATION OFFICERS
November 21, 1985
RONALD V. GRANVILLE, Belmont
President
DAVID L. SMITH, San Jose
1st Vice President
DONALD A. WHITLEY, Redwood City
2nd Vice President
1/" T,I�
s . Dorothy Cornelius
MARIANNE PALEFSKY, Atherton
City Clerk
Secretary
City of Cupertino
TENNIS A. YOUNG, Los Altos
10300Treasurer Torre Avenue
Cupertino, California 95014
HERMAN JMAGER, San Jose
.
President Emeritus
&Legal Counsel
Dear Ms. Cornelius:
WILLIAM K. KITCHIN
Executive Vice President
Support for and enhancement of fair housing
BOARD OF DIRECTORS
policy has long been an active objective of the
RICHARD ALHONA, Menlo Park
Tri -County Apartment Association. For several
CLAIRE H. BENSON, San Jose
years we have worked with fair housing and
JOSEPH BOMMARITO, San Jose
WALTER C. BORNEMEIER, Saratoga
landlord/tenant agencies to increase awareness by
ERIC A. BRACHER, San Jose
educational efforts in f a i r housing. T h e
ANDREW R. BRESSOUD, San Jose
Association hopes to offer plans for some more
MAURICE (MAURY) A. KRONER, Saratoga
comprehensive joint educational efforts in t h e
JAMES R. CASTELLANOS, Cupertino
near future.
LARRY HULL, San Jose
JOHN M. KLIMP, Palo Allo
JAMES S. MORLEY. San Jose
In an effort to expand TCAA community service
JACK D. PAULSON, Cupertino
In fair housing, we are examining what programs
ROBERT A. WHITE, San Jose
cities, and their contracted fair housing agencies
presently provide for owner/manager education. In
that regard please send us, as soon as possible,
copies of your contracts with fair housing
agencies for this and the past two years.
TCAA will be happy to reimburse you for these
documents if appropriate. Please send to my
attention at the letterhead address.
,I)
Sincerely`,
Donni Grotte
Director
Governmental Relations
792 MERIDIAN WAY 0 Suite A • SAN JOSE, CALIFORNIA 95126 0 (408) 297-0483
Affiliated With California & National Apartment Associations
RESOLUTION NO. 6900
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREENE;NT BETWEEN THE CITY OF
CUPERTINO AND STANFORD MID -PENINSULA URBAN COALITION
FOR RENTAL MEDIATION SERVICES (OPERATION SENTINEL)
WHEREAS, an agreement between the City of Cupertino and Stanford
Mid -Peninsula Urban Coalition outlining the terms and conditions for
provision of rental mediation services, has been presented to the City
Council; and said agreement having been approved by the City Manager and
the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 7th day of July 1986 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers
NOES: None
ABSENT: Sparks
ABSTAIN: None
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
THIS AGREEMENT, made and entered into this 7 t h day
of Jules, 1986, by and between the CITY OF CUPERTINO, a
municipal corporation of California, hereinafter referred to
as "CITY", and STANFORD MID -PENINSULA URBAN COALITION
(Operation Sentinel), a Rental Mediation Service with offices
at 860 Escondido Road, Stanford, California 94305, and 582 B
Sunholme Way, Sunnyvale 94087, California hereinafter
referred to as "CONTRACTOR";
WITNESSETH•
WHEREAS, CITY desires to retain services in conjunction
with a Rental Mediation program; and
WHEREAS, CITY desires to engage CONTRACTOR to provide
these services by reason of its qualifications and experi-
ence for performing such services, and CONTRACTOR has offer-
ed to provide the required services on the terms and in the
manner set forth herein;
NOW, THEREFORE, in consideration of their mutual cove-
nants, 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 munici-
pal 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.
(c) The term "City Attorney" shall mean the duly
appointed City Attorney of the City of Cupertino, California,
or his designated representative.
(d) The term 'City Clerk" shall mean the duly ap-
pointed City Clerk of the City of Cupertino, California, or
her designated representative.
1
(c) Release of Reports and Information. Any
reports, information, data or other material given to, or
prepared or assembled by, CONTRACTOR or its subcontractors,
if any, under this agreement shall be the property of CITY
and shall not be made available to any individual or
organization by CONTRACTOR or its subcontractors, if any,
without the prior written approval of the City Manager.
(d) Copies of Reports and Information. If CITY
requests additional copies of reports, drawings,
specifications or other material which CONTRACTOR is required
to furnish in limited quantities as part of the services
under this agreement, CONTRACTOR shall provide such
additional copies as are requested and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at
CONTRACTOR's cost.
(e) Qualifications of Contractors. CONTRACTOR
represents that it is qualified to furnish the services
described under this agreement.
4. COMPENSATION. For full performance of the services
described herein by CONTRACTOR, CITY shall pay CONTRACTOR at
the rate of One Thousand Five Hundred Eighty-three Dollars
and Thirty-four cents ($1,583.34) per month, payable upon
submission by CONTRACIbR of an itemized billing in
triplicate; provided, however, that the total sum payable to
CONTRACTOR shall not exceed Nineteen Thousand Dollars
($19,000.00), for the specified term of this agreement.
5. DUTIES OF CITY. CITY shall provide all specified
services as set forth in Exhibit B, attached hereto and
incorporated by reference herein:
6. TERP7. The services to be performed hereunder shall
commence on July 1, 1986 and shall be completed by June 30,
1987.
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 CONTRACTOR to
perform any provision of this agreement.
8. EXTENSION OF TERM. In the event that the services
called for under this agreement are not completed within the
shall not be construed as a failure on the part of CONTRACTOR
to meet the requirements of this agreement.
12. ASSIGNMENT, SUBCONTRACTORS; E=o=.
(a) Assi . 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.
(b) Subcontractors. It is agreed that this
agreement is for the personal services of Operation Sentinel
and cannot be performed by any other person or organization
(c) Subcontractors; Employees. CONTRACTOR shall be
responsible for employing or engaging all persons necessary
to perform the services of CONTRACTOR hereunder. No
subcontractor of CONTRACTOR will be recognized by CITY as
such; rather, all subcontractors are deemed to be employees
Of CONT'RACT'OR, and it agrees to be responsible for their
performance. CONTRACTOR shall give its personal attention to
the fulfillment of the provisions of this agreement by all of
its employees and subcontractors, if any, and shall keep the
work under its control. If any employee or subcontractor of
CONTRACTOR fails or refuses to carry out the provisions of
this agreement or appears to be incompetent or to act is an
disorderly or improper manner, he shall be discharged
immediately from the work under this agreement on demand of
the PROTECT MANAGER.
13. 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. 0. Box 580
Cupertino, CA 95014-0580
5
(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 use of
any apparatus, appliance, or materials furnished by
CONTRACTOR or any subcontractor under this agreement; and
(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.
CONTRACTOR, at its own cost, expense, 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 of 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 employes in any such suit, action, or
other legal proceedings.
16. WORKERS' COMpENSAIION. CONTRACTOR 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 certified that it will comply with such
provisions before commencing the performance of the work of
this agreement
17. INSURANCE. CONTRACTOR, 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 "B" rating as determined in accordance
with the insurance industry standard, insuring not only
CONTRACTOR, but also (with the exception of workers'
compensation and employer' liability insurance), CITY, its
officers, agents, and employees, and each of them with
respect to activities and services performed by CONTRACTOR
for or on behalf of CITY under the provisions of this
agreement.
Certificates of such insurance, preferably on the
forms provided by CITY, shall be filed with CITY concurrently
with the execution of this agreement or, with CITY's
approval, within then (10) days thereafter. Said
certificates shall be subject to the approval of the City
Attorney and shall contain an endorsement stating that said
7
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 breach 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 CONTRACTOR is found in violation of the
nondiscrimination provisions of this agreement or the
applicable affirmative action guidelines pertaining to this
agreement, CONTRACTOR shall be found in material breach 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 CONTRACTOR is found to have been in such noncompliance
as damages for said breach of contract, or both.
22. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document
represents the entire and integrated agreement between CITY
and CONTRACTOR and supersedes all prior negotiations,
representations, or agreements, either written or oral. This
doc=ent may be amended only by written instrument, signed by
both CITY and CONTRACTOR. All provisions of this agreement
are expressly made conditions This agreement shall be
governed by the laws of the State of California.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed
this agreement the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM;
City Attorney
14 094 • 9 1 •1 1Jblra9�► •
�Q
Mayor /
It
EXHIBIT A
Services to be provided by CONTRACTOR: The following
services, facilities, programs and materials are to be pro-
vided by the CONTRACTOR:
1. OFFICES: CONTRACTOR shall provide and maintain an
office facility at 582 B Dunholme Way, Sunnyvale, CA. This
office shall be staffed and open for business during all
hours that the Cupertino City Hall is open for regular busi-
ness. If for any reason the office facilities at 582 B
Dunholme Way, Sunnyvale, are rendered unavailable for pur-
poses of this agreement, whether or not due to the actions
of CONTRACTOR or third parties, CONTRACTOR shall provide
facilities of equivalent quality and convenience to the resi-
dents of the City of Cupertino.
2. TELEPHONE: CONTRACTOR shall provide telephone infor-
mation and referral services to Cupertino residents. This
telephone service shall be toll free to all Cupertino resi-
dents and shall be available during the hours that the
Cupertino City Hall is open for regular business.
3. COMMUNITY EDUCATION AND INFORMATIONAL PUBLICATIONS:
CONTRACTOR shall develop and implement a comprehensive pro-
gram to inform Cupertino residents of the services and mater-
ials available through Operation Sentinel. CONTRACTOR will
utilize appropriate media forms (e.g., newspaper, radio,
television, cable, etc.) to publicize the availability of
these services, and to educate the Cupertino Community about
the rental mediation dispute resolution program. CONTRACTOR
will distribute and/or make available copies of the Cali-
fornia Department of Consumer Affairs Tenant/Landlord
Brochure, and other relevant publications.
4. DATA COLLECTION, RECORDS, REPORTS: CONTRACTOR will
maintain complete and accurate records of all inquiries,
requests for services, and disposition of cases. CONTRACTOR
will monitor and record relevant demographic data, and pro-
vide monthly summary sheets, as well as a year end report of
the program and pertinent statistical information. CON-
TRACTOR agrees to provide CITY with access to all data,
records and evaluations produced or maintained by CONTRACTOR
which pertain to services rendered pursuant to this agree-
ment.
11
EXHIBIT B
Services to be provided by CITY: The following servi-
ces, facilities, programs, and materials are -to be provided
by the CITY OF CUPERTINO.
1. FACILITIES: The CITY will provide appropriate meet-
ing facilities (conference room, office, or equivalent) for
purposes of conducting mediation sessions. These facilities
shall be located in the City Hall building at 10300 Torre
Avenue, Cupertino. If for any reason such facilities cannot
be made available, the CITY will provide facilities of equiv-
alent quality and convenience.
2. REFERRALS: The CITY will take appropriate measures
to ensure that residents of the City of Cupertino seeking
information about landlord -tenant matters, which are within
the scope of CONTRACTOR's services, are directed to contact
CONTRACTOR.
3. INFORMATION DISTRIBUTION AND EDUCATION: The CITY
agrees to provide display space, as necessary, for litera-
ture and other publications to be distributed by CONTRACTOR.
Such display space shall be provided in appropriate public
buildings owned by the CITY (e.g., City Hall, Library, etc.).
CITY agrees to ensure that all CITY employees who, in the
course of their employment, would have reason to deal with
persons who might require mediation services, to be familiar
with the rental mediation program. CITY agrees to cooperate
with CONTRACTOR in promoting and publicizing the rental medi-
ation program.
13
Wh
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
/9/g5b.00
me
X52'
BY THIS AGREEMENT made and entered into on the 26th day of July 19 89
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Operation Sentinel (2)
Address 860 Escondido Rd. —City Stanford, CA zip 9 Phone H—O—U-S—I—N—G
(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: Landlord—Tenant
Dispute Resolution.
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, 1989
and shall be completed before July 1, 1990
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19, 950.00 for
the period of one—year.
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 BARBARA K. BROWN DEPARTMENT General Administration
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 UPE TING:
By By
Title T' A ant o ' e ty Manager
Soc. Sec.# RL4-1t,03�17�(
APPROVALS
opy
�Cpaa d�
17 a- L SO 9
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
110-5200-767
$19,950.00
NO.
BY THIS AGREEMENT made and entered into on the 1 St day of J u 1 y 1990
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Operation Sentinel (2)
Address M Sherman Avenue Suite 308 City Palo Alto, CA Zip 94306Phon 1-6291
(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:
Landlord -Tenant Dispute Resolution.
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 July 1, 1991
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19,950.00 for
the period of one-year.
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 Barbara K. Brown
DEPARTMENT General Administration
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 CUPERTINO:
By g / / �j-
Title f � ` _ _ i e Assistant t ,,5ehe ,' v Manager
Soc. Sec. # Cl4 - f to y 3911
APPROVALS
De men Head
DaA
C '
C e r k
to
-74
- City Clerk Copy
en Finance Canary - ontractor's Copy
Pinkeceiving
Copy Goldenrod - Department Copy
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
//0-5�?o0-7,0 7
/ 9�9Saov
NO.
BY THIS AGREEMENT made and entered into on the 1 day of July 19 91
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Project Sentinel (2)
Address 430 Sherman Ave., S-308 City_ Palo Alto, CA Zip 94306 Phone 415 321-6291
(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:
Landlord - Tenant Dispute Resolution.
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, 1991
and shall be completed before July 1, 1992
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19,950 for the period
GENERAL TERMS AND CONDITIONS of one-year.
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 Barbara K. Brown DEPARTMENT General Administration
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 CUPE�RTINO: /
By v �-c-. ;rte--^ By
Title
'� %% J
Title `\V p r �- - (TWe Assistant/to ,the Citv Manager
<,
Soc . Sec . # V:, 4�. z.iL-, , Z 7 — QQ >qlz
APPROVALS
Department Head Date C •9 pDate
1-1-71
White - City Clerk Copy Green - Finance Canary - Contractor's Copy Pink Receiving Copy Goldenrod - Department Copy
AGREEMENT
ag�oe 4 ° CITY OF CUPERTINO
'Q�p, P.O. Box 580
Cupertino, CA 95015
252-4505 n NO 025
7 7 0
a/-1
BY THIS AGREEMENT made and entered into on the 1 day of July 19 92
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Project Sentinel (2) 468-7464
Address 4JU brierman Avenue, S-308 City 77a - o Alto, CA Zip 94306 Phone 415
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1992
and shall be completed before July 1, 1993
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19,950 for the period
of one year.
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 Barbara K. Brown
DEPARTMENT General Services
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 O CUPERTINO:
Title DIRECTOR fRr Assistant; o-,te City Manager
Soc. Sec. # Federal I.D. 77-0266612
APPROVALS
Department Head Date City le ate
White - City Clerk Copy -
ureen - rmance t anary- uomramors ropy F'inK- Receiving copy Goldenrod - Department Copy
g
voo0M
AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
NO. 02633
0-c/ 7
BY THIS AGREEMENT made and entered into on the 1 day of July 19 93
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Project Sentinel (2)
Address 43U Sherman Avenue, 5-308 City_ Palo Alto, CA Zip 94306 Phone 8-7464
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished under this Agreement shall commence on July 1, 1993
and shall be completed before July 1, 1994
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19 , 9 5 0 f or the
one year period.
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 Barbara K. Brown
DEPARTMENT General Services
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 O.FJICUPERTINO:;:
By V VCkA By
Title XPnnt-i UP l)i r fnr
Soc. Sec.// Federal L.D. 77-0266612
APPROVALS
(Department Head Date I CiC e/rk� Datp/
White - City Clerk Copy Green - Finance Canary - Contractor's Copy Pink - Ff/eceiving Copy Goldenrod 'Department Copy
AGREEMENT
CITY OF CUPERTINO
10300 Torre Ave.
Cupertino, CA 95014
252-4505
BY THIS AGREEMENT made and entered into on the 1 day of July 19 94
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Project Sentinel (2)
Address 430 Sherman Ave., S-308 City Palo Alto Zip 94306 Phone (415) 468-7464
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished underthisAgreement shall commence on July 1, 1994
and shall be completed before July 1, 1995
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $19,500.00 for the
one year period.
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 writterr 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 Barbara K. Brown
DEPARTMENT Administrative Services
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-CUPERTINO:
By �Cs�� .aaC By, &; i'
Title Executive Director T General Se - ice,.s Mana er
Soc.Sec.# Federal I.D. 77-0266612
APPROVALS
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE
ACCOUNT NUMBER
AMOUNT
CITY CLE ` TE
e4
CITY CLERK COPY
GUPF
ti x
U o
n 1Q
9LIF0VL
AGREEMENT
CITY OF CUPERTINO
10300 Torre Ave.
Cupertino, CA 95014
252-4505
8161
027810
BY THIS AGREEMENT made and entered into on the 1st day of July 19 95
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) PROJECT SENTINEL (2)
Address 430 Sherman Ave., S-308 City Palo Alto Zip 94306 Phone 415-468-7464
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnished underthisAgreement shall commence on July 1, 1995
and shall be completed before June 30, 1996
$19,944.00
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $1g3- 5,94 for the
one year period.
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
William J. Woska DEPARTMENT Administrative Service
This Agreement shall become effective upon its execution by CITY, inItness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OFICUPERTI
By .l By_
Title Executive Directo Title
Soc.Sec.# Federal I. D. 77-0266612
APPROVALS
rs%nnel Officer
EXPENDITURE DISTRIBUTION
V12sf4S
DEPARTMENT HEAD DATE
ACCOUNT NUMBER
AMOUNT
110-5200-767
CITY CL DATE
7�1��
19.9.44.00
CITY GLEF1 K CCP