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01-068 Mercado Tile & StoneAGREEMENT _~~ CITY OF CUPERTINO ~' City or 10300 Tone Avenue Cupertino ~ / ~' ~~ Cu ~ertino, CA 95014 V 08 777 3200 NO. BY THIS AGREEMENTmade and entered into on the_ day of, ~.r~ ~ #gZ~O~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Mercado TIle and Stone (2) Address 696 Auzerais ~~~ City San Jose Zip S/Z Phone4~B- 24$-8878 (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: Install 126 ceramic tiles (provided) on top of existing terra cote:a tile. strip on wall of Quinlan Center pre- school play area. Contractor to arrange with Quinlan Center staff for access. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or ma ials furnished under this Agreement shall commence on ~ ~ . / a Z~ and shall be completed before ,~ J COMPENSATION: For the full performance of this Agreerent, CITY shall pay CONTRACTOR: $1260.00 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 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 arts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurabilit~~ Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. ;laid Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. Nodiscrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex ~~f such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between City ~~nd undersigned. At all times Contractor shall be deemed to bean 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 transfE~rred 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 Kimberly Smith DEPARTMENT City Clerk's Office 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. CONT TOR: CITY OF CUPERTINO: By ~ By ~~rr ~e~t~c ~ Title Title Soc. Sec. # (~ APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ,ACCOUNT NUMBER AMOUNT 110-1042-7104 $1260.00 CITY RK _ l `.~~ CITY CLI::RI< COPY