04-067 Concur, Inc
AGREEMENT
CITY OF CIUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 8th
by and between the CITY OF CUPERTINO (Hereinafter referred to <<s CITY) and
Name (1) CONCUR, Inc . _ (2)
Address 1832 Second Street Ciry BezkeleX, CA Zip 94710 Phone (510) 649-8008
(Hereinafter referred as CONTRACTOR), in consideration of their m~.itual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Professional services
land use planningg and consultation
EXHIBITS: he following attached exFiibits hereby are made pa of this Agreement: Exhibit A - Scope of Work
TERMS: The services and/or materials furnished under this Agreement shall commence on June 1
and shall be completed before June 30, 2005
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $25, 000
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab~e for acts of Contractor in performing services described herein.
due to negligence,, errors and omissions
Insurance: Should the Clty 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 emplo~~ment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-nnOR,,D~~INATOR and represe~nt(ativ~e for(C~ITY shall be:
NAME ~ Iz-~(_J ~ ~~~1 (~Iyl/ _ DEPARTMENT Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: (CITY OF CUPERTINO:
Title ~~ I ~ ~~'~&'~~ -title Director of Public Works
Soc. Sec. # Tax I 94-
I.XPENDITURE DISTRIBUTION
DE M E D ~ _p ACCOUNT NUMBER AMOUNT
CITY C RK DATE /~
NO.
day of June
20 04 ,
White: City Clerk /r' v Green: Finance Yellow: Contractor -T ~ Pink: Receiving Gold: Department