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00-050 Naumann Turf Consulting~' ~, i ~rl CUPERTIN AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, I;,A 95014 (408) 777-3200 NO. ~~~~/ f ` ~~ V C S.J~ BY THIS AGREEMENT, made and entered into on the 24th day of March , 2000 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) NAUMANN TURF CONSULTING _ (2) Address 16505 MONTEBELLO ROAD City CUPERTINO Zip 95014 Phone (408) 640-8235 (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: CONSULTANT SERVICES FOR RECONSTRUCTION OF THIRD GREEN AT BLACKBERRY GOLF COURSE EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on MARCH 20, 2000 and shall be completed before JULY 28, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $3,750.00 (TO BE BILLED AT HOURLY RATE OF $125 PER HOUR) 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 Ciry, 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 TO NEGLIGENCE, ERRORS AND ONu~:ISSIONS Insurance: Should the City require evidence of insurability, Contract~~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 Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigred. 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 srlall be: NAME CARMEN LYNAUGH DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY O PERTINO: g ~ E3 G~G~'~/l~.w-- Y. Y Title ,ors _~ l-itle PUBLIC WORKS PR J CT Soc. Sec. # ? ~~</ APPROVALS ~ E:XPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE F~CCOUNT NUMBER AMOUNT ~ CITY CL RK DATE w, 301 560-9105-9300 3 t ~} $3,750.00 White: City Clerk V/ v ~ Green: Finance Yellow: Contractor fink: deceiving Gold: Department PUgt_IC WORKS Naumann Turf Consulting ~~~ $ ~ ~~n~ 16505 Montebello Road Cupertino, California 95014 (408) 640-8235 March 15, 2000 Carmen Lynaugh 10300 Torre Avenue Cupertino, California 95014 (408) 777-3215 fax: (408) 777-3333 Dear Carmen, Per your request I am submitting my proposal to provide you with written recommendations and consultation in conjun~;tion with the construction of the third green at Blackberry Golf Course. Written Specifications: 10 - 20 hours Overseeing Construction: ± 10 hours The Service rate is $125.00 per hour with no charge for travel time or costs. Thank you for your time and your consideration. Please feel free to call me if you have any questions or I may be of assistance. Sincerely, y 7 Don Naumann, President