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08-106 Drew GolkarAGREE~VIENT ~ 839 ~~~'/ CITY OF CUF'ERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO.~~~v ~~fS BY TH1~ fiGREEMENT, made and entered into this 7th day of October , 20081 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Drew Golkar, Address: 10153 Denison Avenue, Cupertino, CA 95014; Phone: 408-896-0050; a-mail: drew_golkar(a~~~mail.com Hereinafter referred 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 on Various Stevens Creek Corridor Park Project Components as Directed by the City Architect EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: The services and/or materials furnished under this F~greement shall commence on October 7, 2008 and shall be completed before June 30, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 30,000.00 based on a Time and Materials Basis 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: E~T~RE~ NAME: Terry Greene DEPARTMENT: Public Works Department This Agreement ~,~1~ome effective upon its execution b3~ CITY, in witness thereof, the parties have executed this Agreement the year first written above. CONTRACT,bF~ /~ CITY OF CUPERTINO: By ~~~~ Title _~. ~ t.Q7 Soc. Sec. # or Tax I.D APPROVALS Title: Terry Greene, AIA, City Architect EXPENDITURE DISTRIBUTION RT T ,/ DAT l A O T ~~~ ~ , ~ ~><27-9112-9300 $ 30,000.00 CITY CL DA~E_ _ O ~ O J ~" U