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��i�°�p�.� <br /> ��,�i,i ,.,„ <br /> 1'�.��:a��,.., s..�. <br /> <<rv�,t <br /> �FNLO �aKK AGREEMENT forATHERTON CHANNEL MAINTENANCE <br /> Between <br /> City of Redwood City and City of Menlo Park <br /> It is agreed between the City of Menlo Park (Menlo Park) and the City of Redwood City <br /> (Redwood City), as follows: <br /> 1. Services to be performed by Redwood Citv: In consideration of the payments set <br /> forth below, Redwood City shall perform the services for Menlo Park in <br /> accordance with terms, conditions and specifications set forth in the attached <br /> Exhibit A: Scope of Work for Atherton Channel Maintenance. <br /> 2. Contract Term: The term of this agreement shall be from the date of contract <br /> execution through October 31, 2015 unless extended by the City of Menlo Park. <br /> 3. Payments: Redwood City shall be paid on a time and materials basis as outlined <br /> in Exhibit A-1: Compensation and Payment, for a total amount not to exceed <br /> 2�Z�+S,2Gand plus up to �C in contingency if needed and mutually <br /> agreed by both parties in writing. <br /> 4. Relationship of the Parties: Redwood City agrees and understands that the <br /> work/services performed under this agreement are performed as an Independent <br /> Contractor and not as an employee of Menlo Park. Redwood City agrees and <br /> understands that it acquires none of the rights, privileges, powers or advantages <br /> of Menlo Park employees. <br /> 5. Hold Harmless: <br /> a. Menlo Park agrees to indemnify, defend and hold harmless Redwood City, <br /> from any injury to any person which occurs as a result of the negligence of <br /> Redwood City, its officers, employees or agents in the performance of this <br /> Agreement. <br /> b. Redwood City agrees to indemnify, defend and hold harmless Menlo Park, <br /> from any injury to any person which occurs as a result of the negligence of <br /> Menlo Park, its officers, employees or agents in the perFormance of this <br /> Agreement. <br /> c. In the event of concurrent negligence, liability for any claims, suits, or <br /> actions arising out of this Agreement shall be apportioned between the two <br /> Cities under the established California rules of comparative negligence. <br /> 6. Non-assignabilitv: Redwood City shall not assign this Agreement or any portion <br /> thereof to a third party without the prior written consent of Menlo Park, and any <br /> �f�}Q�1��.212/City of Menlo Park Page� of 2 <br />