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02-016 The Top HitsAGREI=MENT ff~-~- b I CITY OF CUPERTINO U '" City of 10300 Torre Avenue Cupertino ~~ ~ fJ ~ Cupertino, CA 95014 ~~~~~ ~/ 408-777-3200 NO. BY THIS AGREEMENT made and entered into on the _ a ~ day of ~~~~'~ ~Z~~ b and betwe n the C TY OF ERTINO Hereinafter referred t as CITY anc~ Y .~ ( ) Name (1) / h _ ®/~ I -~ (2) ~f7~ (~Dl~'f'~~1 D Address EJ .~ ( sn V 2t~. v~ City ~'-~ ~c~e,, Cf~- Zip ` 5 Phone aCQ ~' ~- y7~ (Hereinafter referred as CONT ACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: C~TRACTOR shall provide or furnish the following spe~;ified services and/or materials: fou- d~ S+,v ~ n ps~n c~ 1~Y1 vs r ~ a~"' ~e~' ~'Drvh~--c~ fir,-, ~(Jed~resd~y~ Tvn.~2 5, :~ . -7 ~- ©o P ~., -,b c~;' ~p yo~.~ U~' G' ~ p~ ~-r n~1 ~.~vi ~'o~ ~, ~k.,~ EXHIBITS: The following attached exhibits hereby are m~rde part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on ~y~e ~~ ~~~ and shall be completed before ~y-'~~ lob '~Dt~ Z - COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: -~~~, ~~ 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 tt~e 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 th s 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 auth~~rized 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 ~~ ` E`G<._ / ,.I ~ff/LdCS ~ ~~Cllr'Q GIi D h ^~`'~ ~ DEPARTMENT _~ This Agreement shall become effective upon its execution key CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPE/RTINO: J ~/ L l 6L. By E3y ~0~-vt~ Title ~' l~itle 2GY~Z,d-i ~4 v~ S c,1 re-P-~'(J~ ~,9--rte Soc. Sec. # APPROVALS EXPENDITURE DISTRIBUTION D TMEN EAD D ACCOUNT NUMBER AMOUNT Y CL RK <'`~~~`~ DATE -~ 2- 3 ~2 U~ CITY CLERK COPY Exhit~it A Indemni~Fication CONSULTANT agrees to indemnify, defend and hold the CITY and CITY'S CONSULTANT'S, including their owners, employees, agents, and representatives, harmless from and against any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting or arising out of the actual or alleged negligent performance or non-performance of the CONSULTANT'S obligations under this AGREEMENT or otherwise arising out of the CONSULTANT'S actual or alleged errors or omissions".