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99-085 MPA Design-Regnart Rd. slope improve & Stevens Creek @ Janice landscape a AGREEMENT j � j �5 .� �6 CITY OF CUPERTINO / "I - t7 Cty o 10300 Torre Avenue Cupe ' s V._4‘‘ Cupertino, CA 95014 O 408-777-3200 NO. O6-073/ BY THIS AGREEMENT made and entered into on the 28th day of June 19 99 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) MPA Design (2) Address City Zip phone (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: Regnart Road slope improvements and Stevens Creek Blvd. Landscape Improvements at Janice Avenue. EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Proposal EXHIBIT A TERMS:The services and/or materials furnished under this Agreement shall commence on June 28, 1999 and shall be completed before Oct. 1, 1999 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed Regnart Road - $3,900 Stevens Creek Blvd. - $5,000 Total - $8,900 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-ORDINATOR and representative for CITY shall be: NAME Carmen Lynaugh 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. CONTRACTOR: / , t . CITY jCUPERTINO: / By Ar Title A/ ie-Ntr Title Public Works P o ect anager Soc. Sec.# APPROVAL EXPENDITURE DISTRIBUTION DEPART • . fly ACCOUNT NUMBER AMOUNT �� 210-9612-9301 3.900 CITY CLE.0. /9 270-9422-'300 i �A,_ ., r L PIT/rs COV ninny