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<br />ORIG~NAL <br /> <br /> <br />AGREEMENT for ATHERTON CHANNEL MAINTENANCE <br />Between <br />City of Redwood City and City of Menlo Park <br /> <br />It is agreed between the City of Menlo Park (Menlo Park) and the City of Redwood City <br />(Redwood City), as follows: <br /> <br />1. Services to be performed bv Redwood City: 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 /> <br />2. Contract Term: The term of this agreement shall be from the date of contract <br />execution through June 30, 2010 unless extended by the City of Menlo Park. <br /> <br />3. Payments: Redwood City shall be paid on a time and materials basis as outlined <br />in Exhibit B: Compensation and Payment, for a total amount not to exceed <br />$40,000.00. <br /> <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 /> <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 /> <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 /> <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 /> <br />6. Non-assiQnabilitv. 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 />