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01-108 Tom Aidala~~`. CIT) OF CUPEI~TNC AGREEMENT I ~ i ~ ~, CITY OF CUPERTINO 10300 Torre Avenue ~~~ Cupertino, CA 95014 ~~ (408) 7T7-3200 BY THIS AGREE NT, mad and entered into on the 12th by and between the F CUPERTINO (Hereinafter referred to as CITY) and Name (1) Tom Aidala _ (2) Address P. 0. Box 1507 Ciry Kelseyville Zip 95451 Phone (707) 279-9092 (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: planning and design consultation for Civic Center & Library Project 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 December 12, 2001 and shall be completed before June 30, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $30,000 for services and $5,000 reimbursable expenses 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 Ci~: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. Ciry shall not be liabl for acts of Contractor in performing services described herein. due to negligence, errors, and omissions Insurance: Should the Ciry 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 sl'all be: NAME Terry Greene day of December N~Z1 .S-~~~5~ 20 O1 , DEPARTMENT Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: I CITY OF CUPERTINO: gy Eiy Title ~/~~~~ l~itle enior Architect Soc. Sec. # APPROVALS ~ ~ i ... i ii t1 / -7E:~REDIDITURE DISTRIBUTION DEPA A E ~A T NUMBER AMOUNT CITY LERK ATE 9222 ,. ) ,~ J White: City Clerk Green: Finance Yellow: Contractor Pink: Re eiving Gold: Department