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HomeMy WebLinkAbout92-014 Whitten, Travice 92-014 WHITTEN, TRAVICE 620-6620-761 NOT TO EXCEED S9,000 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into by and between the City of Cupertino (CITY) a municipal corporation of the State of California, and Travice Whitten (CONTRACTOR) for the purpose of CONTRACTOR providing professional engineering services. A. TERM OF CONTRACT This Agreement will become effective on July 1, 1993 and will continae to be in effect until June 30, 1994. B. SCOPE OF WORD Contractor shall provide professional engineering services which shall include: Project management and coordination for design and construction of Phase Two of the utility improvements at Blackberry Farm picnic grounds and Golf Course. C. COMPENSATION OF CONTRACTOR Contractor shall be compensated in the following manner: 1. Hourly rate shall be fifty-five dollars ($55.00). 2.. Use of personal automobile to be at $0.30/mile or latest rate adopted by City. 3. All phone calls to be logged and charged at the hourly rate. 4. Out-of-pocket expenses to be reimbursed. D. INDEMNIFICATION City shall protect, defend, indemnify and hold harmless the Contractor from and against any and all claims, demands, orders, decrees or judgment for injury or death or damage to person(s) or property, loss, damage, liability, expense(including all costs and reasonable attorneys' fees incurred in defending any claim, demand or cause of action), occasioned by, growing out of, or arising or resulting from any act or omission on the part of Contractor, arising or resulting from the performance of any services required herein to be performed by Contractor. IN WITNESS WHEREOF, this Agreement is dated July 1, 1993_ CITY OF CUPERTINO, a municipal corporation. By: Stephen G. Dowling Director of Parks and Recreation CONTRACTOR: TRAVICE WHITTEN an Individual Travice Whitten APPROVED AS TO FORM: ATTEST BY: City Attorney City -3- E. INIDEPF.DENT CONTRACTOR At all times Contractor shall be deemed to be an independent contractor for professional services. F. GENERAL.PROVISIONS 1. Notices. Any notices to be given by either party under the terms of this Agreement shall be made in writing and may be delivered, either personally or by certified or registered mail with postage prepaid and return receipt requested, as follows: TO CONTRACTOR: Travice Whitten 1295 Riesling Terrace Sunnyvale, CA 94087 TO CITY: Stephen G. Dowling, Director of Parks&Recreation City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 2. Entire Agreement. This Agreement constitutes the entire Agreement of the parties and supersedes any and all agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. Any modification to this Agreement shall be effective only if in writing and signed by both parties. 3. Assignment. No portion of this Agreement may be assigned or subcontracted without the express written consent of City, which consent shall not be unreasonably withheld. 4. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way. 5. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of California. -2- Cit'4 of ct+fpe ti"o 10300 Torre Avenue Cupertino.CA 95014-1255 Telephone:f40&252-4505 FAX: (408)252-0753 DEPARTMENT OF THE CITY CLERK July 1, 1993 Travic;e Whitten 1295 Riesling Terrace Sunnyvale, CA 94087 We are enclosing to you for your files and information one(1)copy of the agreement by and between the City of Cupertino and Travice Whitten, which has been fully executed by city officials. Your agreement shall begin on 7101/93 and shall be completed before 6/30/94. Thank you for your services. Sincerely, / es DORO�_ORNELNS, CMC CITY CLERK DC/cs Encl. cc: Department of Parks and Recreation 620-6620-761 NOT TO EXCEED$2,500 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into ry and between the City of Cupertino (CITY)a municipal corporat.on of the State of California, and Travice Whitten (CONTRACTOR) for the purpose of CONTRACTOR providing professional engineering services. A. TERM OF CONTRACT This Agreement will become effective on March 30, 1993 and will continue to be in effect until June 30, 1993. B. SCOPE OF WORK Contractor shall provide professional engineering services which shall include: Project management and coordination for design and construction of Phase Two of the utility improvements at Blackberry Farm picnic grounds acid Golf Course. C. COMPENSATION OF CONTRACTOR Contractor shall be compensated in the following manner: 1. Hourly rate shall be fifty dollars($50.00). 2. Use of personal automobile to be at $0.28/mile or latest rate adopted by City. 3. All phone calls to be logged and charged at the hourly rate. 4. Out-of-pocket expenses to be reimbursed. D. INDEMNIFICATION City shall protect, defend, indemnify and hold harmless the Contractor from and against any and all claims, demands, orders, decrees or judgment for injury or death or damage to person(s) or property, loss, damage, liability, expense(including all costs and reasonable attorneys'fees incurred in defending any claim, demand or cause of action), occasioned by, growing out of, or arising or resulting from any act or omission on the part of Contractor, arising or resulting from the performance of any services required herein to be performed by Contractor. E. INDEPENDENT CONTRACTOR At all times Contractor shall be deemed to be an independent contractor for professional services. F. GENERAL PROVISIONS 1. Notices. Any notices to be given by either party under the terms of this Agreement shall be made i�.writing and may be delivered, either personally or by certified or registered mai: with postage prepaid and return receipt requested, as follows: TO CONTRACTOR: Travice Whitten 1295 Riesling Terrace Sunnyvale, CA 94087 TO CITY: Stephen G. Dowling, Director of Parks & Recreation City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 2. Entire Agreement. This Agreement constitutes the entire Agreement of the parties and supersedes any and all agreements, either oraa or written, between the parties with respect to the subject matter of this Agreement. Any modification to this Agreement shall be effective only if.in writing and signed by both parties. 3. Assignment. No portion of this Agreement may be assigned or subcontracted without the express written cons(.nt of City, which consent shall not be unreasonably withheld. 4. Severability. If any provision of this Agreement is held by a court of corupetent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any wale. S. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of California. -2- IN WITNESS WHEREOF, this Agreement is dated March 30, 1993. CITY OF CUPERTINO, a municipal corporation. .By: Stephen G. Dowling Director of Parks and Recreati n CONTRACTOR: TRAVICE WRITTEN an Individual Travice Whitten APPROVED AS TO FORM: ATTEST BY: City Attorney City Clerk -3- City of Cupertino 10300 Torre Avenue Cupertino.CA 95014-32 5 5 relephone. 1408!252-4505 FAX: 14081 252-0753 DEPARTMENT OF THE CITY CLERK April 30, 1993 Travice Whitten 1295 Riesling Terrace Sunnyvale, CA 94087 We are enclosing to you for your files and information one d 1)copy of the agreement by and between the City of Cupertino and Travice Whitten which has been fully executed by city officials. Your agreement shall begin on 3/30/93 and shall be completed before 6/30/93. Thank you for your services. Sincerely, DOROTHY CORRNELIUS, CMC CITY CLERK DC/cs Encl. cc: Parks and Recreation Department ,7 5"1 3 L 4 NOT TQ Eli ,761 000 ACREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into by and between the City of Cupertino (CITY) a municipal corporation of the State of California, and Travice Whitten (CONTRACTOR) for the purpose of CONTRACTOR providing professional engineering services. A. TERM OF CONTRACT This Agreement will become effective on June 1, 1992 and will continue to be in effect until June 30, 1993. B. SCOPE OF WORK Contractor shall provide professional engineering services which shall include: Project management and coordination for design and construction of the utility improvements at Blackberry Farm picnic grounds and Golf Course. C. COMPENSATION OF CONTRACTOR Contractor shall be compensated in the following manner: 1. Hourly rate shall be fifty dollars ($50.00). 2. Use of personal automobile to be at $0.28/mile or latest rate adopted by City. 3. All phone calls to be logged and charged at the hourly rate. 4. Out-of-pocket expenses to be reimbursed. B. INDEMNIFICATION City shall protect, defend, indemnify and hold harmless the Contractor from and against any and all claims, demands, orders, decrees or judgment for injury or death or damage to person(s) or property, loss, damage, liability, expense (including all costs and reasonable attorneys' fees incurred in defending any claim, demand or cause of action), occasioned by, growing out of, or arising or resulting from any act or omission on the part of Contractor, arising or resulting from the performance of any services required herein to be performed by Contractor. E. INDEPENDENT CONTRACTOR At all times Contractor shall be deemed to be an independent contractor for professional services. F. GENERAL PROVISIONS 1. Notices. Any notices to be given by either party under the terms of this Agreement shall be made in writing and may be delivered, either personally or by certified or registered mail with postage prepaid and return receipt requested, as follows: TO CONTRACTOR: Travice Whitten 1295 Riesling Terrace Sunnyvale, CA 94087 TO CITE': Stephen G. Dowling, Director o :arks&Recreation City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 2. Entire Agreement. This Agreement constitutes the entire Agreement of the parties and supersedes any and all agreements, either oral or written, between the parties with respect to the subject matter of this Agreement. Any modification to this Agreement shall be effective only if in writing and signed by both parties. 3. Assignment. No portion of this Agreement may be assigned or subcontracted without the express written consent of City, which consent sha" not be unreasonably withheld. 4. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in fuli force and effect without being impaired or invalidated in any way. 5. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of California. -2- IN WITNESS WHEREOF, this Agreement is dated _ �1992. CITY OF CIJPERTINO, a municipal corporation. By.� _5�-- Steptien C. Dowling i Director of Parks and Recreation CONTRACTOR: TRAVICE WRITTEN an Individual Travice Whitten APPROVED AS TO FORM: ATTES I' :BV: �1 City Attorney City Clerk cZ -3-'