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02-069 Republic Electric Battery Back-Up GrantJU~I-19-02 WED 04 16 PM REPUBLIC EECTRIC FAX N0. 4158989477 CUPEI~TIN AGREEMENT CITY OF CUPERTINO 10300 Terre Avenue Cupertino, CA 95014 (408) r'77-3200 P. 02 Nos~T~~S`a ~` BY THIS AGREEMENT, made and entered into on the 17th by and between the CfTY OF CUPERTtNO (Hereinafter referred to as CITY) end day of June ~ 20 02 Name (7) __ Rem lic ];lectric _ -~ Address __ 7120 Reclwvod Boulevard _ 1 ~" (2) --"-- -'-'--~----- _ Clty Novato CA ~_ -- (Hereinafter referred as CONTRACTOR), In consideration of their nutual covenant9, the parties hereto agree as follows5 898-$$97 CONTRAppCTOR shall provide or fumish the following specified services and/or materials: ~-~`~ EXHIBt'rS The follow ng attached exh hits ho eby a~o made part of his Agreomentant E xhibit "A" Propor~al TERMS: The eteriafs furnished under this A re and shall bo ~ fore~~ Au~iat 1, 2002 g ~~mmence on June 17, 2002 COMPEN Tf0 full pe~ ormanca of this Agreeme . ,•CIT \ III ay CON ACTOR: Not to exceed $3, 12~, 00 Caflfornla L bur C excess of $ 00.0 / // n t! 7 requires the payment o revail wages to aid' ,orkors employed on a Public Works contract In ~`~ .,` GENERAL TERMNDITIONS Hold Harmless: Contractor agrt~ee to save and hold harmless the CI+y,-its officers, zgents end employees from any and aft derma a an liability, Including all costs of defending any claim, caused by or 3rlslrig out of th© performance of this Agreement. City sFieli not bt? liable for acts of Contractor in performing services described herein, g d due to negligence, errors snd omiasionfi lnaurence: Should the City require evidence o- Insurability, Contractor shall file with City a Certificate of Insurance before commt3ncin any services under this Agreement. Said Certificate shall be subJect ~o the approval of City's Director of Adminlstrative Services. 9 Non-Discrlmfnatlon; No discrimination shall be made in the omplayrnent of persons under thfs Agreement becausA of the race, color, national orlyin, ancestry, rflliglon or sex of such person, Interest of Contractor: It Is understood and agreed that this AgrE~emont 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 fndependeni contractor and Contractor is not authorized to bind the City to any contracts or other obllgatfons In executing this agreement. Contrac certifies that no ono who leas or will hove any financial interest under this Agreement !s an officer or employee of City, for Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of an kind are authorized without the written consent of the City. Y CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME -_ Vicki Guano ~~~~----- - DEPARTMENT Public Works This Agreement shall becom© effective upon its execution by C!-"Y, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: ~~... ~ ~. -.-Q--~t _ Tice _^ ~ ~.~_- ------ Soc. ~ ©c. ~ ~ .~~ r-APPROVALS /J p ~ l i DC-f'ARTMFnl7iir~l`'t'7--i••.~-~='~• ~- = _ s' ,r CITY OF CUPERTINO: By _ 4 Title S_~ r~Traffic ech clan ~~ PENDITURE DISTRIBUTfON :/: , ~': City Clerk "`-"e _ ~~__-_~~~~---~ ~)~ Gruen; Financ Yallro.r• r..-~_.,_.~_ •~ ~; .~~~ ~ ' c~rYOf CIJPE~TIN4 AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 17th by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Republic Electric _ (2) Address 7120 Redwood Boulevard City Novato, CA Zip 94945-411~Phone (415) 898-8897 (Hereinafter referred as CONTRACTOR), in consideration of their mtatual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Preparation of application for CEC Battery back up grant EXHIBITS: The following attached exhibits hereby are made part of :his Agreement: Exhibit "A" Proposal TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on and shall be completed before August 1, 2002 June 17, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $3,125.00 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 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 liable for acts of Contractor in performing services described herein. due to negligence, errors and omission, Insurance: Should the City require evidence of insurability, Contract~~r shall file with Ciry 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 Vicki Gu NO. day of June , 20 02 , DEPARTMENT Public Works This Agreement shall become effective upon its execution by I;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: ~- ~ i . C ey ~ Title ~ t• Title Sr. Traffic echn ian Soc. ec. # ~~ APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT CITY CLERK DATE White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department JUN-05-02 WED 03 46 PM REPUBLIC EECTRIC FRX N0. 4158989477 P, 02 Republic Electric hmc S, 20(12 City of Cttpcrtino Attn: Vicki Guapo tU3UU Torre Ave. Cupertino, CA 95014 Job Name: Preparation of Applicrtion for CEC Battery Back llp Gram Job Location: Various Loaitions Dc~~r Ms. Guapo: We otTcr to perform the following ~wrk, on the terms artd conditions staled below arrd on ilre reverse side; hereof, and at the prices shown, as follows: • Provide professional and dcsigrt ScrVicCS for the compilation of daGr rt~quited for the Califortria Energy Comnrission.(CEC) grant application. 1. Meet with City personnel to establish a list o(' critical infersations for installation of the battery bacl.-up systems that will meat the CEC grant applicarion requircrncnts. 2. Visit each location. Evaluatt: and determine equiiprncnt requirements. 3. Cornplclc the: t~trired appli~rtion cont;~rirtirrg ~[he above information grid submit to ilrc CEC for fimdinf; evaluation. • The Agency shall provide tralT,c count and collision.ltistoryinformation for targetod irttPrsections~ Professional Services Fee.......$125.00 per intersection Tltis oll'e:r shall expire 10 clays from the date hereof and may lre withdrawn by us at any time prior thereto with or without notice. Tltis offer supetsedc~s any prior offers, commitment c-r orders, contains all terms, oortdiliorrs and w~arrantic.~S and wltert accc:pled, constittrlcs the entitrr contrail behvoen tlto patties, The resulting contract shall not be modified except by formal writlrrn amendment, This ofl'cr sh~rll be accepted by delivery to us of a cop}' of this offer duly signed by you in the space provided. 1 1'he fon;going offer is hereby accepted this ~ day of JII~J , 2(102 Republic Elactric n roc ~!~~~ -Cy'~ Wade L. Wtute President L-~ , /` ~` (h75) ~S )~5-~S cS ~)7 }7;1X (4151 ROt_QS?? ~t'~n u., .7._... ..~ n~__~ 6. SEGNATURE To the best of my knowledge and belief, data in this application are correct and complete and the BBS will be installed only on intersections ~n-ith L/E~^D~traffic signals. 'n Name of Authorized Representative: (i.•~ CDI~~.L1,.S ~~ Title: V ~~~ ~ ~~«. ~~~~~ Signature of Authoriaazed Representative: ~'~~ Telephone: ~ U ~1, ~ ' ~~~~_ Fax: E-mail address: u_ Note: The Authorized Representative is the person desi~~nated in the Governing Body resolution, order, motion, or ordinance of the local governing body which leas the authority to enter into the funding agreement. An example resolution is contained in Exhibit D. Battery Backup System Grant Application-New Page App 10