09-157 Sugimura Finney ArchitectsAGREEMENT
CITY OF CUPERTINO
'10300 Torre Avenue
// ~ Cupertino, CA 950'14 ~ 9
V 408-777-:3200 NO.~~C v /
BY THIS AGREEMENT, made and entered into this 22nd day of December , 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sugimur2r Finney Architects, Gene Sugimura
Address: 2755 So. Bascom Ave., Su. 200, Campbe/% CA 95008;Phone: 408-879-0600; Fax: 408-377-6066;
e-mai/: aenet7a sualmura.com Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants,
the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following spet:ifled services and/or materials:
Blackberry Farm Infrastructure Upgrade Project - Progralm and Concept Development
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A
TERMS: The services and/or materials furnished under this F~greement shall commence on December 22, 2009
and shall be completed before March 30, 200
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ ~O,000.00 based on Time and Materia/, without City Authorization
California Labor Cotle, Section 1771 requires the payment of prevailing we~ges to all workers employed on a Public Works contract in excess of
S t .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 due
to negligence, errors and omissions, inclutling all costs of defending any claim, caused by or arising out of the pertormance of this Agreement. Ciry
shall no[ be liable for acts of Contractor (n performing services described heroin.
Insurance. Should the City require evidence of insurability, 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 Cites Director of Administrative Services.
Non-D(scrimination. No discrimination shall be made in the employment of parsons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor- I[ is understood and agreed that this Agreement is rot 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 obiigatians 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 assignatl or transfered without the written consent of the City. No changes or variations of any kind are
authonzetl without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY small be: ~~~~
NAME: Terry Greene DEPARTMENT: Public Works Depart t
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.
CONT~TO
By /7 ~
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Soc. Sec. # or Tax 1.D. r7 `7 - O l 1 J ?ic7-S
CITY OF CUPERTINO:
gy ~f~f.V-----
Title: Tdrry Greene, AIA, City Architect
APPROVALS EJCPENDITURE DISTRIBUTION
p NTH ~aDATE
Q
427-9135-9 t ~
S '10,000.00
CITY CL ATE _ f A ~ ~ ~~ , ~1
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OFFICE OF THE CITY CLE12K
CITY HALL
'''a=ice 90300 TORRE AVENUE • CUPERTINO. CA 950'14-3255
TELEPHONE: (408) 777-32:3 • FAX: (408) 777-3366
WEBSITE: www.cuperYino.org
CUPERTINO
January 20, 2010
Sugimura Finney Architects
Gene Sugimura
2155 S. Bascom Avenue
Suite 200
Campbell, CA 95008
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the Public Works
department at (408) 777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Public Works