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09-001 Melissa DarrAG RE ElM EN T CITY OF CU PERTINO 10300 Torrey Avenue 7~j~~ Cupertino, CA 95014 (408) 77'7 3200 NO. /~~~~-~~~ FY 09-10 BY THIS AGREEMENT made and entered into on the 20th day of August, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Melissa Darr 3311 Tracy Dr. Santa Clara, CA 95051 (408) 393-0536 (Hereinafter referred to 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: Work as a Lifeguard for the remainder of the 2009 season gat Blackberry Farm. EXHIBITS: The following attached exhibits hereby are made ~~art of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on August 27, 2009 and shall be completed before September 28, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $13.00 an hour. Hours should not exceed 15 hours. GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold h~lrmless the CITY, its officers, agents, and employees from any and all damage and liability of every nature, 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. 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. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation 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 transferrESd without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Molly James DEPARTMENT: Parks 8~ Recreation 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. CONTRACTOR: By: ~ ~tt/1/l Title: Social Security #: S APPROVALS CITY OF CUPERTINO: Y~ TI e: Recreation Coordinator E)CPENDITURE DISTRIBUTION DEPAR T ~ DATE F~CCOUNT NUMBER AMOUNT r ~ '110-6220-7014 $195.00 ~ CITY RK . DATE g S 3/-0 ~ J ~ U OFFICE OF THE CIT`f CLERK CITY HALL 10300 TORRE AVENIJE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO September 2, 2009 Melissa Darr 3311 Tracy Drive Santa Clara, CA 95051 To Whom It May Concern: A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Parks and Recreation department at (408) 777-3110. Sincerely, CITY CLERK'S OFFICE Enclosure