02-010 Roger Berry'""'"~d
~~' '~
CITY OF
CUPE~T1~
AGREEMENT
a . ~, I'D
CITY OF CUPERTINO ~
10300 Torre Avenue
Cupertino, (~A 95014
(408) 77'7-3200
No. ~s`¢/
BY THIS AGREEMENT, made and entered into on the day of
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Roger Berry _ (2)
Address 37220 South River Road City Clarksburg, CA Zip 95612 Phone (916)
(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:
Public Art for Four Seasons Park
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
and shall be completed before March 31, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $8, 000.00
744-1241
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 Ci1:y, 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 liable for acts of Contractor in performing services described herein.
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 Ag~~eement 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-ORDINATOR and representative for CITY shall be:
NAME
Greene
DEPARTMENT
Public Works
This Agreement shall become effective upon its execution by t;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.,.
CITY OF CUPERTINO:
E3y
l~itl Senior Architect
EXPENDITURE DISTRIBUTION
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T E D ACCOUNT NUMBER AMOUNT
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CITY CLERK `' DATE ~
20 ,
White: City Clerk ~ Green: Finance Yellow: Contr~otor Pink: Receiving ~ Gbld: Department