11-033 Jana Sokale, Design Charette for Blackberry Golf Course Irrigation ProjectCITY OF g
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
BY THIS AGREEMENT, made and entered into this ih day of April, 2011 , by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Jana Sokale,
(Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto
agree as follows:
CONSUL TANT shall provide or furnish the following specified services and/or materials:
Design Charette for Blackberry Farm Golf Course Irrigation Project
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 April 7, 2011
and shall be completed before December 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSUL TANT:
Time and Materials Costs Basis, Not to Exceed $2,000.00 without City written 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. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or is alleged lo have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultanfs employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or
demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to,
or relate to the performance of this Agreement by Consultant or Consultanfs employees, officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant 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 Consultant. 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 limes, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations in executing this agreement. Consultant 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, City Architect, Department of Public Work, 408-777-3354 JfJ ENTERED
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.
CONSULTANT:n~
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Non-Design Professional Agreement
CITY OF CUPERTINO:
By ~~#u:ui.t.d~._ __ _
Name: TerryW. Greene, AIA
Title: City Architect
$2,000.00