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03-005 Thomas Aidala- - AGREEMENT , bob No. ~p`~ ~3 ~~~ ..~ CITY OF CIJPERTINO ~/ ~ 10300 Torre Avenue C1Ty pF - ~ f~ ~ Cupertino, ~3A 95014 ~~~ (408) 777-3200 CE~PE~T1N BY THIS AGREEMENT, made and entered into on the 25th day of November , 20 QZ, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) ThomaG Ai dal a _ (2) Address P_ 0. Box 1 507 City P~ Ge~~r; 11 P, C'A Zip 95451 Phone (707) ?_79-9092 (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: Professional services for Construction Document Phase of Civic Center ro ect EXHIBITS: The following attached exhibits hereby are made part of ihrs Agre~meri~: E:;hibit E-Indemnification TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on November 25 . 2002 and shall be completed before .Tune 30, 2O0'i COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to e:>ceed $15 , 000 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ciiy, its officers, agents and employees from any and all damage and liability, 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. due tc negligence,, error, arri~d, o fissions Insurance: Should the City require evidence of Insurablllty,~ontract~~r 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 Ag~eement is not a contract of employment in the sense that the relationship 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 Terri Greene _ DEPARTMENT Puhl : c wnrk~ This Agreement shall become effective upon its execution by r:,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: , Title Soc. Sec. # ©S~- a~ - ~1~7 APPROVALS i e CITY OF CUPERTINO: I~ ,tJ• aZ Ety l~itle Senior Architect EXPENDITURE DISTRIBUTION -DE R M D / ~ ~ ACCOUNT N MBER AMOUNT ~ ~ ~ ~ CITY CLE K DATE oZ ~~~~~ ~ ~~.. 0.00 White City Clerk ~ Green: Finance Yellow: Contractor ~ Pirik: Receiving Gold: Department Exhibit E Indemnification CONSULTANT agrees to indemnify, defend and hold the CITY and CITY'S CONSULTANT'S, including their owners, employees, agents, and representatives, harmless from and against any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting or arising out of the actual or alleged negligent performance or non-performance of the CONSULTANT'S obligations under this AGREEMENT or otherwise arising out of the CONSULTANT'S actual or allecaed errors or omissions". Civic Center & Library Charles M. Salter Assoc. Inc. Exhibit E 1