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03-002 Hill Associates/ ~ J~~~ AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 p o ~` a~~ NO ~ ~~°2~ Fiscal Year 2002/2003 BY THIS AGI~E€aV1ENT made and entered into on the 14th day of January, 2003, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and HILL ~4SSOCIATES, 479 N. Santa Cruz Ave., Los Gatos, CA 95030(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: Preparation of base maps and templates for the Stevens Creek Corridor visioning kits, assistance with the site analysis walkthrough, and other technical support as needed. TERMS: The services and/or materials furnished under this Agreement shall commence on January 14, 2003 and shall be completed before May 1, 2003. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an amount not to exceed $10,000 to be paid upon monthly invoice of actual time and materials expended. Billable hours shall be as follows: Principal: $120.00, Senior Associate: $75.00, Draftsperson $55.00, Clerical Staff $45.00. Reimbursable charges will include all blueprinting, delivery, and reproduction at cost plus 15% handling charge. 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 of every nature, including all ~~osts of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable far acts of CONTRACTOR in performing services described herein. Insurance. Should the CITY require evidence of insurak~ility, 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-Discrimination. It is understood and agreed that this ~~greement is not a contract of employme 1 se that the relation of master and servant exists between CITY and undersigned. At all times, CONTRAC R shall be med to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to ny "c or r obligations in executing this Agreement. CONTRACTOR certifies that no one who has or will ha a an ancial inte st under this Agreement is an officer or employee of CITY. '~,~ Changes. This Agreement shall not be assigned or transferred without the written consent of th ' CIT o change or variations of any kind are authorized without the written consent of the CITY. ~ CONTRACT COORDINATOR and representative for CITY shall be: NAME: Therese Ambrosi Smith, Director DEPARTMENT: Parks & Recreation 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. CONTRACTOR: CITti' OF CUPERTINO: By: By: Therese Ambrosi Smith Title: Principal Title: Director Tax ID # 26-0052638 APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD D TE ACCOUNT NUMBER AMOUNT ~ 3 03 560-9112-7010 $10,000.00 C K ATE ~ i ,~ f 5--_ ~~ f y3 n 3 U