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03-099 Barried D. Coate & Assoc.~~~ ~CIiY O~ C~PE~TINf~ ~ AGREEMENT J~'~~ CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the ~'' c by and betW~en the CIT~( OF~UP~RTINO (~iereinafter referred to z.s CITY) and Name (1) arrie oa e & ssoclclte:i (2) 23535 S ' t E d '- Address u~tzmi oa City t~os CiaLOu Zip 95033 Phone (408) 353-1052 (Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materiels furnished under this Agreement shall commence on and shall be completed before N' 7' i~ayl, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: See attached. 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 Ciry, 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. due to negli ence, errors and omissions Insurance: Should the Ci~y 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 City'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 Ciry. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME C-' ~ ~ ~ ~ L'4~~:Y ~ D ~- L CL DEPARTMENT ~~' c'n I~1Lin 1 K( a~-_. V"~ r - 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: By ~~ /`~ - Title ~ Soc. Sec. # 'r' "" ~- ~ ~ ~ 7J APPRO ALS CITY OF CUPERTINO: ., Title ~ ~ ~ - i ~ '~ EXPENDITURE DISTRIBUTION DEP R T H ~ D T~ ACCOUNT NUMBER AMOUNT CIT RK ATE ~,- ~, ti .~ 1, = ~ -~~ ~~~~ ~ <i ~<_, j ~~ - NO. a-~ lid-- ~ , MAY :~e , ;i,; J I u.LG day of 2~ ~ ? , White: City Clerk r" Green: Finance Yellow: Contractor Pink: Receiving Gold: Department