12-061 Dragon Fire, Website, iPhone/iPad, Android app for tree info CITY OF
AGREEMENT
`/�� CITY OF CUPERTINO
10300 Torre Avenue
may` \st" Cupertino, CA 95014
CUPERTINO 40&777-3200 NO. ���
THIS AGREEMENT, made and entered into this 2 day of -31vnie is by
and between the CITY OF CUPERTINO (Hereinafter "
t
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or
materials:
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Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERM: The services and/or materials furnished under this Agreement shall commence
on ..)04.4, g 1 2.0, z and shall be completed no later
than I A,,j / 7, 2,01z.-
COMPENSATION: For the full performance of this Agreement, CITY shall pay
CONTRACTOR:
$ 7000.00
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 ENTERED
TERED
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and
volunteers against any and all liability, claims, stop notices, actions, causes of action or
demands whatsoever from and against any of them, including any injury to or death of
any person or damage to property or other liability of any nature, arising out of,
pertaining to, or related to the performance of this Agreement by Contractor or
Contractor's employees, officers, officials, agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent
that the damage is caused by the sole or active negligence or willful misconduct of City,
its agents or employees. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
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Subcontracting. Contractor has been retained due to their unique skills and
Contractor may not substitute another, assign or transfer any rights or obligations under
this Agreement. Unless prior written consent from City is obtained, only those people
whose names are listed this Agreement shall be used in the performance of this
Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior
written consent of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the
following requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$2,000,000 will be considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils
for which it has agreed to provide comprehensive general and automotive liability
insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby
grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Contractor or City with respect to the services of
Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
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Termination of Agreement. The City reserves the right to terminate this Agreement
with or without cause with a seven (7)-day notice. The Contractor may terminate this
Agreement with or without cause with a seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons
under this Agreement because of the race, color, national origin, ancestry, religion,
gender or sexual orientation 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 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. City shall have no right of control as to the manner Contractor
performs the services to be performed. Nevertheless, City may, at any time, • •serve the
manner in which such services are being performed by the contractor. : ENTERED
The Contractor shall comply with all applicable Federal, State, and local laws and �i
ordinances including, but not limited to, unemployment insurance benefits, FICA laws,
and the City business license ordinance.
Changes. 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: N/661' AlGa w" _DEPARTMENT: �"� 4', 7 tv
This Agreement
APPROV_ S , EXPENDITURE DISTRIBUTION
DEP,: E HE D le DATE / - ■ ■ ��: : • ►�
4. I=:.1 i' no - 3600 - 7e 14 $ 5,.co0
CITY • -"i-' YAPP-O ■ AS O O' ... E
• ., 6 -- ( -f� iry _36 co - roIS l, say
CIT LERK: A n DATE
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Short Form Agreement