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01-095 Robert Kelley ,--- AGREEMENT ~ i ~~ `{ `' CITY OF CUPERTINO City of ~ 0300 Torre Avenue Cupertino ~~~~~ C pertino, CA 95014 408-777-3200 NO. ~ ~ ~~~ BY THIS AGREEMENT ma a and entered into on the _ 28th day of November xpg 2001 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Robert Kelley r2) Address 547 Creekside Ln City Morgan Hill Zip95037 Phone 408 315-3224 (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: Review/Revise Cupertino Emergency Plan EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on November 28 , 2001 and shall be completed before January 31, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $30 per hour, not to exceed $5,000.00 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless 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.:3aid Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in tf•le 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 relation of master and servant exists between City ~~nd 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 Marsha Garcia DEPARTMENT Emergency Services This Agreement shall become effective upon its execution kry CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: C-1TY OF ~EIPERTldVO: ~' BY ELY , /~t ~( .c ~ ~,f,(7N it'l ( r ~Ci Title Title Emergency Ser,,vic~s Coordinator Soc. Sec. # APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT ! p ]_10-4400-7014 $5 000.00 CITY C E TE z o / , ( 3~' o J CITY CLERK COPY v