84-087 O.C. Mcdonald - Air Conditioning Maintenance10300 Torre Avenue
Cupertino, California95014
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
March 9, 1984
0. C. McDonald Company, Inc.
P. 0. Box 26560
San Jose, California 95159'
AIR CONDITIONING MODIFICATION, PHASE II - MAINTENANCE
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files one (1) copy,of the Agreement by
and between the City of Cupertino and 0. C. McDonald Company, Inc., which
has been fully executed by City Officials.
Sincerel
tit ;
DOROTHY CORNELIUS✓
CITY CLERK
CITY OF CUPERTINO
DC/so
cc: Department of Public Works
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City of Cupertino
AGREEMENT NO.
BY THIS AGREEMENT made and entered into on the 7th day of Marrh 19.84
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) 0. C . McDonald Company, Inc. (2)
Address P • 0. Box 26560 City San Jose zip 95159 Phone 408-295-2182
(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:
All work in accordance with the Plans and Specifications entitled "Air
Conditioning Modification, Phase II — Maintenance
DELIVERY:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
1. Plans
2. Specifications
3. Proposal
TERMS The services and/or materials furnished under this Agreement shall commence on approval of submittals
and shall be completed before twenty—five (25) working days thereafter.
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Nineteen Thousand Three Hundred Sixty —Five and no/100 Dollars ($19,365.00)
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 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:
Name Mr. Bruce Donoghue Department Public Works
Address P . 0. Box 580 Cupertino, CA,9-5&t* Telephone 408-252-4505
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-
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