Agmt17 City of Menlo Park - Atherton Channel maintenance

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DUPLICATE MAINTENANCE AGREEMENT ORIGINAL iraft City Manager's Office 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6620 CIiYOF MENLO PARK Contract #: 2-?- 1� It is agreed between the City of Menlo Park (Menlo Park) and the City of Redwood City (Redwood City), as follows: 1. Services to be performed by Redwood City: In consideration of the payments set forth below, Redwood City shall perform the services for Menlo Park in accordance with terms, conditions and specifications set forth in the attached Exhibit A: Scope of Work for Atherton Channel Maintenance. 2. Contract Term: The term of this agreement shall be from the date of contract execution through October 31, 2017 unless extended by the City of Menlo Park. 3. Payments: Redwood City shall be paid on a time and materials basis as outlined in Exhibit A-1: Compensation and Payment, for a total amount not to exceed $r35;66t}and mutually d agreeby both parties in writing. $ 43,071.0S (RK, to/M 11-1 l 4. Relationship of the Parties: Redwood City agrees and understands that the work/services performed under this agreement are performed as an Independent Contractor and not as an employee of Menlo Park. Redwood City agrees and understands that it acquires none of the rights, privileges, powers or advantages of Menlo Park employees. 5. Hold Harmless: a. Menlo Park agrees to indemnify, defend and hold harmless Redwood City, from any injury to any person which occurs as a result of the negligence of Menlo Park, its officers, employees or agents in the performance of this Agreement. b. Redwood City agrees to indemnify, defend and hold harmless Menlo Park, from any injury to any person which occurs as a result of the negligence of Redwood City, its officers, employees or agents in the performance of this Agreement. c. In the event of concurrent negligence, liability for any claims, suits, or actions arising out of this Agreement shall be apportioned between the two Cities under the established California rules of comparative negligence. 6. Non -assignability: Redwood City shall not assign this Agreement or any portion thereof to a third party without the prior written consent of Menlo Park, and any attempted assignment without such prior written consent in violation of this Section shall automatically terminate this Agreement. 7. Termination of Agreement. Either party may, at any time after ten days from execution of this Agreement, terminate it, by giving ten days written notice specifying the effective date and scope of such termination. In the event of termination, Redwood City shall be entitled to receive payment for work/services provided prior to termination of the Agreement. REV: 10-12-17 MI Page 1 of 3 ATTY/AGR.2017.231/City of Menlo Park - Maintenance Agreement