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80-060 DB Codes Consultant Plan check services for review of BldgsCity of Cupertino AGREEMENT N (ATTACHMENT) BY THIS AGREEMENT made and entered into on the 8 day of December 1980 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) D B Codes Consultant (2) Ferdinand A. Del Bene Address 130 Deb Court City_ San Jose Zip95120 hone 22 (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: Plan check services including plumbing mechanical, electrical codes review of bldgs., residences, industrial bldg., etc. City of Cupertino shall be sole judge as to which plans will receive this plan check DELIVERY: service. Plans shall be picked up & returned by contractor at his expense. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See EXHIBIT "A" TERMS The services and/or materials furnished under this Agreement shall commence on 1 2-8—r9n and shall be completed before upon mutual agreement between both parties. COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: The specified collected fee as determined by the bldg. division, and collected GENERAL TERMS AND CONDITIONS from the contractor or developer. 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 per- formance 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: ev Name Ante Leber Department Planning & Development Address 10300 Torre Ave. Cupertino, CA 95014 Telephone 252-4505 Cupertino, Ca. 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: CITY OF CUPERTINO: By By Title President of ,omnanYTitle APPROVALS �1 De artment He City Date / Date / ler 1 Jim S i s —,/ a v p EXH IB IT " A " Additional Considerations It is further agreed that D B Codes Consultant will provide additional services as follows: I. Contact the Building Division on a daily basis. 2. Plan check all submittals and back check items within 5 to 7 working days maximum. 3. Agree to notify in advance when the service will not be available for any period exceeding 3 working days.