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10-009 LMNO Arts, Cristie Thomas or Scott Lindberg, Blackberry Farm Kiosk Building Counters AlterationsAGREEMENT l CITY OF CUF'ERTINO ,~~t ~~~ttt"""~.//-I '10300 Torre Avenue /~ /,fit' Cupertino, C.4 9504 ~--~ ~7~ V _ 1 ` 408-777-~t200 NO. ~~ BY THIS AGREE T, made and entered into this 8th day of February , 20~0y by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and LMNO An's; Cristie Thomas or Scott Lindberg; Address: 676 P/easant Va//ey Ridge, Aptos, CA 95003; Phone: 83'/-728-3998; a-mai/: meta/~LMNOarts.com. 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: Blackberry Farm Kiosk Building Counters Alterations EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NONE TERMS: The services and/or materials furnished under this P,greement shall commence on February 8, 20'/0 and shall be completed before Apri/ 30, 20'10. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 4,000.00 Time and Material basis at $925..00 per hour California Labor Code, Section '177'1 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 City, its o~ficers, agents and employees from any and all damage and liability due to negligence, errors and omissions, 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. Said Certificate shall be subject to the approval of CiT/'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 Agreement is r.ot a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor :;hall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executin£i 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 shall be: ~i ~ i ~~~~ NAME: Terry Greene DEPARTMENT: Public Works Department This Agreement shall become effective upon its execution b}' CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. o_ CONTRACTOR: CITY OF CUPERTINO: Title ~~^~~~ !/ Title: Terry Greene, AIA, City Architect pPPROVALS E:KPENDITURE DISTRIBUTION ARTMENT D ~Ta< DATE Z;- ~sy .- ~-, ~L27-9'135-9300_ ~ $ 4,000.00 CIT LERK ' - DATE _~G-~~ ~YY ~ ~. ~~ ~ ,- J