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01-078 Jana Sokale, Environmental PlanningCity / ~ Z~ Cupert' o AGREE=MENT CITY OF C~JPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 ~~~ D~ NO. ~D~o? ~G'.S~ BY THIS AGREEMENT made and entered into on the _ 20th day of August x#82001 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Jana Sokale, Environmental Plannit~ Address 7788 Hazelnut Dr. City N~awark, CA Zip 94560 Phone 510-793-3490 (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: Amendment to agreement X650829 dated Aug. 30, 1999, per attached report. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached Staff Report, August 20, 2001, ap~~roved by City Council on 8/20/01. TERMS: The services and/or materials furnished under tl-is Agreement shall commence on Aug. 20, 2001 and shall be completed before June 30, 2002 _ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $128, 274. 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.:3aid Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in tf•le 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 relation of master and servant exists between City .end 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 transf~: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 Therese Ambrosi Smith DEPARTMENT Parks & Recreation This Agreement shall become effective upon its execution l:ry CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By ~~~•~-C'-~- Title r%~G r '~nAei'" Soc. Sec. # APPROVALS CITY OF CUPERTINO: E;y Therese Ambrosi Smit~ Title b~""°ctor EXPENDITURE DISTRIBUTION DEPARjMEN~FiEAD DATE ACCOUNT NUMBER AMOUNT ~ ~ rc ~ 0 ~ 420-'~3 - Q ¢ $128, 274. CITY L K DATE 1~E 4 ! /~ / ~~ Z a ./ CITY CLERK COPY