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00-006 Ross Recreation EquipmentCity of ' ~~ - I Cupertino AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, ~~A 95014 408-77.x'-3200 v°~ ~~ ' NO. y[/ ~~I QO / BY THIS AGREEMENT made and entered into on the 1'3~ day of ~~+-+~+-~~~ 1~.%Zvi7~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) ~OSS ~'~t: ~reC~n~ E~QGr-l pm~rl"' (2) Address ~~ -~ % ~ FTh S~i ~ Z~~ City Sptirx ~rsH Zip ~s'`y~~ PhoneC'7e`T)~ ~ rv --YhckJ (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: Tir pwz,~hns~ ~.n,sroc~. ~ii F;/wcuu a L Ll it.i ~ m.~yr Ar F/i~y rJcrrL PA/+,lt.. i~ I~vSr-}wAri~, a Jf= i=G.u.~ per. c~7- , 2.) rni sT'A~•f-.~i ~Gu e~ W~~ r-~b~L , 3) ~~vs .a ~:ezz~~ cri, vr= ov~vc,~ r~ firc~is 2r~.n ~ - EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~ c;<<-rP.~~r tL ~n~sra~wr~~:~ /~5 ST~9Tc-n :ni yLC. ~, p.'t..~pa.P~;` !yt l0 6 K ! '7 ~/ l3 TERMS: The services and/or materials furnished under this Agreement shall commence on ~T~K4~ny t 3 Lc~v~ and shall be completed before ~iac~c. 3c~, zccw COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ,t?L~tgy,y„d...C~ - - -~-u~-r~- /'~ 0.Y ic>.1.5 tom' d~ ~-- - n v ~ ~ c ec /'~ u ~'~ n C~v r~i v~ ~ ~ I n g~tu~ ~ o~.~F-t" e~ v~ -><e ~~-e-- i''~ v e ~'c ~e~( o~.~ +~ C'~ ~^^ /'? 1 ~ !-ti o~ CG.,- 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 a~:ts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurabilit~,r 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 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 ;end 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 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 ~Kih 1'~aZZ:: DEPARTMENT t~L.+a ~N~-s 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 CUPERTINO: By Ety~~~i-r-~ Title ~ L' M Title.S~''~i C~u~. ~Il.4wA~~L Soc. Sec. # f~8 - ~ i ~ ~ .~ ~ ~ APPROVALS EXPENDITURE DISTRIBUTION ENT D DATE ACCOUNT NUMBER AMOUNT C Y C ,/~~, `.-~°y ~ DATE ~ v ~- ~. CITY CI_I=RK COPY ~'a,.e recreation equipment ~~~~~ L / ~~=irk Playground Improvements Sumrriary of Costs Landscape Structures Play Equipment #1068174 Less Special Discount Installation Furnish & Install Wood Fiber (12" Avg.) Construct Concrete Access Ramp Tax Freight $35,8~~0.00 $29,457.00 3 500.00 02,000.00) $32,3~~0.00 $27,457.00 $2,668.00 $2,265.00 1 755.00 1455.00 $36,7E~3.00 $31,177.00 9 220.00 8105.00 $45,9f33.00 $39,282.00 $3,400.00 $3,400.00 56F~.00 565.00 __..,.,.e...~.- Ross Recreation Equipment Co., Inc.. Main Office 555 5th Street, Suite 210, Santa Rosa, (A 95401.707 526.4800 fax 707 526.0812. (ontradors License #520752