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04-120 Concur, Inc~-, i7~ AGREEMENT CITY OF Cl1PERTINO 10300 TorrE~ Avenue Cupertino, (~A 95014 (408) 77'7-3200 NO. Q~ / ~~'`~ Q~~~~Z BY THIS AGREEMENT, made and entered into on the lst day of November , 2p 04 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CONCUR, Inc _ (2) Address (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified servic~as and/or materials: Professional services for SCVWD Collaborative 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 September 7 , 2004 and shall be completed before August 30, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $465, 930.00 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 Ciiy, 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 lia le for acts of Contractor in performing services described herein. due to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contract~~r 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 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 Ciry 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 sl'~all be: NAME Ralph Qualls DEPARTMENT Public Works This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. -~ ~~ l-itle Asst. Direc or of P 1' Soc. Sec. # Tax ID APPROVALS EXPENDITURE DISTRIBUTION RTME EAD DA P,000UNT NUMBER AMOUNT ~ { CLERK ~ DATE White: City Clerk Green: Finance 4 Yellow: Ccntractor ~ Pink: Receiving Gold: Department City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS File No. 50,760.10 November 3, 2004 Amy LeBlanc CONCUR, Inc. 1832 Second St. Berkeley, CA 94710 SUBJECT: Agreement for Professional Serviices Enclosed is an agreement for Professional Sen~ices that has been fully executed by City of Cupertino officials. If you have any questions or need further information, please call. Since ly, ~- Carol Shepherd Administrative Assistant Enclosure Printed on Recycled Paper