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09-157 Sugimura Finney ArchitectsAGREEMENT CITY OF CUPERTINO '10300 Torre Avenue // ~ Cupertino, CA 950'14 ~ 9 V 408-777-:3200 NO.~~C v / BY THIS AGREEMENT, made and entered into this 22nd day of December , 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Sugimur2r Finney Architects, Gene Sugimura Address: 2755 So. Bascom Ave., Su. 200, Campbe/% CA 95008;Phone: 408-879-0600; Fax: 408-377-6066; e-mai/: aenet7a sualmura.com Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spet:ifled services and/or materials: Blackberry Farm Infrastructure Upgrade Project - Progralm and Concept Development EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A TERMS: The services and/or materials furnished under this F~greement shall commence on December 22, 2009 and shall be completed before March 30, 200 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ ~O,000.00 based on Time and Materia/, without City Authorization California Labor Cotle, Section 1771 requires the payment of prevailing we~ges to all workers employed on a Public Works contract in excess of S t .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, inclutling all costs of defending any claim, caused by or arising out of the pertormance of this Agreement. Ciry shall no[ be liable for acts of Contractor (n performing services described heroin. 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 Cites Director of Administrative Services. Non-D(scrimination. No discrimination shall be made in the employment of parsons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor- I[ is understood and agreed that this Agreement is rot 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 obiigatians 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 assignatl or transfered without the written consent of the City. No changes or variations of any kind are authonzetl without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY small be: ~~~~ NAME: Terry Greene DEPARTMENT: Public Works Depart t 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~TO By /7 ~ Title ~Fi"7/fl/^ Y /''! i..c~:i?~ Soc. Sec. # or Tax 1.D. r7 `7 - O l 1 J ?ic7-S CITY OF CUPERTINO: gy ~f~f.V----- Title: Tdrry Greene, AIA, City Architect APPROVALS EJCPENDITURE DISTRIBUTION p NTH ~aDATE Q 427-9135-9 t ~ S '10,000.00 CITY CL ATE _ f A ~ ~ ~~ , ~1 / ~_~ ~ ~J