09-039 Nove Partners, IncAGREE~VIENT
(% CITY OF CUF'ERTINO
10300 Torre Avenue
Cupertino, CA 95014 ~t~"f1~~~~~
408-77 T-3200 NO. /lf~'
~ `-
BY T AGREEMENT, made and entered into this 26"d day of March, 2009, by and between the CI
CUPERTINO (hereinafter referred to as CITY) and Nove Partners, Inc.; David Marks; address: 307
Town and Country Village, Palo Alto, CA 94301; phone: 650-324.5324; a-mail:
david(a~novapartners.com (hereinafter referred to 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:
Various Project and Construction Management Services
EXHIBITS: The following attached exhibits hereby are n'lade part of this Agreement: None
TERMS: The services and/or materials furnished under this Agreement shall commence on April 2, 2009
and shall be completed before January 30, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $100,000.00 on a Time and Materials Basis
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 City, its officers, agents and employees from any and all damage
and liability due to negligence, errors and omissions, including all posts 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 City's Director of Administrative Services.
Non-Discrlmination. 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 Agn3ement 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 shall be: ENTERED
NAME: Terry W. Greene, AIA 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 abov~s.
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CITY F CUPERT
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EXPENDITURE DISTRIBUTION
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420-9229-9300 T
$50,000.00
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APPROVALS i