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06-074, Fehr & Peers Associates, Inc. AGREEMENT Oc,--o 7tf CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 No.am~S374- BY THIS AGREEMENT, made and entered into this 30th day of Auaust, 2006. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Fehr & Peers Associates. Inc. (2) Address: 255 Market Street #200 City: San Jose Zip: 95110 Phone: (408) 278-1700 (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: Proposal to Conduct a Parking Analysis for the Cupertino Medical Center in Cupertino, California. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Fehr & Peers scope of work proposal dated August 25, 2006 TERMS: The services and/or materials furnished under this Agreement shall commence on Auaust 31.2006 and shall be completed before October 30. 2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump sum amount of $5,000.00. ~ GENERAL TERMS AND CONDITIONS .. u ENTERED Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligent errors and omissions, including all costs of defending any claim, to the extent caused by or arising out of the performance of this Agreement. City shall not be liable for negligent 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 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 Aki Honda DEPARTMENT Plannina Department 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. CITY OF CUPERTINO: By: Aki Honda Title: Senior Planner EXPENDITURE DISTRIBUTION 110-2211 $5,000.00