10-075 Nova Partners, Inc., David Marks, Project Management, Sterling Barnhart Park Project Closeout CITY OF
III AGREEMENT o
CITY OF CUPERTINO 8
CUPERTINO 10300 Torre Avenue
Cupertino, CA 95014
408 -77 i' -3200 NO.
BY THIS AGREEMENT, made and entered into this 1 day of July, 2010, by and between the CITY OF
CUPERTINO (hereinafter referred to as CITY) and Nova Partners, Inc.; David Marks; address: 307
Town and Country Village, Palo Alto, CA 94301; phone: 650 - 324 -5324; e-mail:
davidO)novaoartners.com (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:
Project Management Services for Sterling Barnhart Park Project Closeout
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None
TERMS: The services and /or materials furnished under this Agreement shall commence on July 1, 2010 and
shall be completed before December 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $40,000.00 on a Time and Materials Basis, without City approval
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 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 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 City.
CONTRACT CO- ORDINATOR and representative for CITY shall be:
NAME: Terry W. Greene, AIA 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.
CO CT CITY OF CUPERTINO:
By By
Title ) � (e S td Terry W. Greene, City Architect
Soc. Sec. # or Tax I.D. 101 Z(G 3
APPROVALS 1 4 EXPENDITURE DISTRIBUTION ACCOUNT NUIVIRFR AMOUNT
T T H 1AD , n A I'D L L 420- 9126 -9300 $40,000.00
CITY CL TE
m e. 7 Cl' �.