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08-075 Overton Security ~~ AGREEMENT Y -' CITY OF CUPERTINO 10300 Torre~Avenue Cupertino, CA 95014 ~~~~ /~ 408-777-3200 NO. ~j 0 BY THIS AGREEMENT, made and entered into' this 26th day of June, 2008, by and between~t~ IC TY ~F CUPERTINO (Hereinafter referred to as CITY) and Overton Security, att.: Jason Solorazano Address 38465 Paseo Padre, Suite 2800, Fremont, Ca 84538, Phone: B00-343-18D1 (Hereinafter referred as CONTRACTOR), in consideration of theft mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services andlor materials: Provide Site Security For Stevens Creek Corridor Park Project: Services to include security Monday thru Friday from 7 pm to 5 am and 24 hrs. per day for weekends and holidays, guard to walk entire site every 2 hours, provide daily reports on activities, guard must be fluent in English EXHIBITS: The following attached exhibits hereby are made part of this Agreement:N1A TERMS: The services andlor materials furnished under this Agreement shall commence on June 27, 2008 and shall be completed before October 31, 2008. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Maximum not to exceed of $35,000.00, hourly rate to be $17,50lhr. for regular time and $26.25lhr. for overtime on holidays only California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract In excess of st,aoo.aa. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the Clty, ifs officers, agents and employoes from any and all damage artd liability due to negligence, errors and omissions, inducting alt costs of defending any daim, 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. Insurence. Should the City requtre evidence of Insurability, Contractor shall file with City a Certificate of Insurance before commenting any services under this Agreement. Said Certflcate shalt be subled 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, Dolor, national origin, ancestry, religion or sex of such person. . Interest of Contractor. It is understood and agreed that this Agreement is not a contrast of employment in the sense that the retatlonshtp of master and servant exists between City and undersigned. At alt 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 flnandal interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: `~~~ NAME: Terry W. Greene, AIA DEPARTMENT: Public Works E 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. CONT OR: CITY OF CUPERTINO: Title A h Terry W. Greene, ALA, City Architect Soc. Sec. # or Tax I.D.: APPgOVALS EXPENDITURE D)STRtt3>yTff~ltl T EA / ~ ~ / DA j~, - v4 C/1 ~ ( 427-9112-93 rI~ r O $35,000.00 K DATE ~- - '--~U ~/l~l~'~