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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