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00-077 Western Pacific Signal, LLC1 AGREE'~MEN NO~I PUB~..~i; ~.~~~JRKS ~~~ .i. CITY OF CIJPERTINO ~) ~';" ~_' ~-~~ ,;~<10300 Torre Avenue ~' CITY Qf Cupertino, ~~A 95014 ' r C U P E TIN .. ~ ~,~ (408) 777-3200 BY THIS AGREEMENT, de and entered into on the 21st day of June , 20 ~_, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Western Pacific Signal, LLC _ (2) Address 20993 Foothill Blvd. 4214 City Hayw;~.rd Zip 94541 Phone (510) 276-7300 (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: Sofware Development Services EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibi TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on June 21 2000 and shall be completed before June 30, 2001 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $42,140.00 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 Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, 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, Contract~~r shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of Ciry'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 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 stall be: NAME Raymond Chong 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 above. CON RACTOR: By P~~~ Title xTP~ ester?: Paci=ic Signal, LLC Soc. Sec. # APPR LS CITY OF CUPERTINO: i' Ely l~itle Traf ' c n~ineer EXPENDITURE DISTRIBUTION DEPART T DATE-~ /~ ACCOUNT NUMBER AMOUNT ~. - CITY r< DATE ~ ].10-8602-7014 ($34,441. 0) ii a~ White: City Clerk U ~ Green: Finance Yellow: Contractor ~ (/ ~ ~ f f'i~ikW Receiving Gold: Department