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09-114 Silicon Constellations, Inc.AGREEMENT CITY OF CUPERTINO n /I, 10300 TorrE: Avenue ' f `( Cupertino, CA 95014 ~ ~~~ / ~ 408-777-3200 NO. BY THIS AGREEMENT, made and entered into this ~ "'day of ~~, 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Silicon Constellations. Inc., 2980 Scott Boulevard, Santa Clara, CA 95054, (408) 2941838 (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: • All labor and materials, including poles and solar panels, to install the "Wireless Lighted Crosswalk Project" at N. Stelling Road and Alves Drive. • Coordinate with Public Works to identify the exact locations of each product. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: • Scope of work, Deliverables, and Pricing as described in the attached Exhibit A (2 pages). TERMS: The services and/or materials furnished under this ,4greement shall commence on August 31, 2009, and shall be completed by October 30, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $20, 951.94 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 ANO CONDITIONS Hold Harmless. Contractor agrees to save and hold hannless the City, its officers, 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 shalt be subject to the approval of Cry'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 executinif 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 they 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: E NAME : Hannah Chow 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. CONT C R:~~ By Title ~=/~/~ Soc. Sec. # or Tax LD.__~/-'© S~~ ~(~~ CITY OF CUPERTINO: B .~.- : ~ _._.~. y, _ ~~- Title SEN,~ ~ ~~~ v ~,, E tip, r.icLt? APPROVALS E:KPENDITURE DISTRIBUTION MENT DATE a 110-8602-7014 $20,951.94 CLE DATE Z ^0 r 0 J