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03-069 Roger BerryAOREEMENT CITY OF CUPERTINO t 0300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. / BY THIS A(~ into on the /,~ 1.~.. day of ~-'~1~.1~. by and betw~n the CI'I'~' OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) ~ ~'~ (2) Address ?J~ 'Z.~F_.~ ~v.,.~_ __~,~d~' ~ City ~[~ Zip ~l~Phone ~/'_~, '~/"~'~Z~/' (Hereinafter referred as CONTRACTOR), in consideration of their rfltftual covenants, the parties hereto agree as follows: CONTRACTOR ,shall provide or fu[,r~sh the following specified services and/or materials: EXHIBITS[The following, attached exhibits hereby are made part Qf this Agreement: TERMS: The services and/or mate.rials Jurnis~ed under this Agreement shall edmmence on and shall be completed before COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 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 of every nature, 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 relation 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-ORDINATO.~ a/nd representative for CITY shall be: 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. APPROVALS DEPARTMENT HEAD EXPENDITURE DISTRIBUTION DATE AMOUNT CITY CLERK COPY Roger Berry 37220 South River Road Clarksburg, CA 95612 916 744 1241 berryucbrg~aol.com Rick Kitson Public Information Officer City of Cupertino 10300 Torre Avenue, Cupertino CA 95014 June 19, 2003 Dear Rick I am enclosing a proposal for the creation of the Stainless Steel Morion for Cupertino's' Sister City. In this project, my assistant, Jemmy Monson, will do all of the work in my studio. He will begin the process by creating three scale models of possible final designs for your review. When a selection has been made Jeremy will fabricate the sculpture and deliver it to Cupertino. We expect that the completed sculpture will be fully rendered and polished, in essence a carved stainless steel helmet. A schedule is included in the proposal. If you have any questions please give me a call. Roger Berry 37220 South River Road Clarksburg, CA 95612 916 744 1241 berryucbr ®,aol.eom June 19, 2003 Rick Kitson Public Information Officer City of Cupertino 10300 Torre Avenue, Cupertino CA 95014 Proposal for creation of a 425 mm high stainless steel* Morion for Cupertino's Sister City. TASK Creation and presentation of three models Construction of Morion Material DUE DATE week of 7/14/03 Completed by 9/15/03 Fabrication (including labor, cutting, forming, welding and finishing) Fees, overhead, and delivery TASK COST $750.00 $500.00 $2000.00 $1250.00 Total $4500.00 *note Material thickness will vary with design chosen.