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10-070 De Anza Services, Clean-up Services at Blackberry Farm, July 2010 through June 2011 CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue ras Cupertino, CA 95014 ���� CUPERTINO /• �� (408) 777 -3200 NO. l FY 10 -11 BY THIS AGREE ` T made and entered into on the 29th day of June, 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and De Anza Services, 101 First Street, Los Altos, CA 94022 (408) 246 -7172. (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: Provide clean -up services at Blackberry Farm during the months of July 2010 through June 2011. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A — Scope of Services; Exhibit B TERMS: The services and /or materials furnished under this Agreement shall commence on July 1, 2010, and shall be completed on or before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed $10,000. 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. 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 certi lies 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 COORDINATOR and representative for CITY shall be: all NAME: Tom Walters, Recreation Supervisor DEPARTMENT: Parks & Recreation This Agreement -shall become effective upon its exe ution by CITY. In witness thereof, the parties have executed this Agreement the day' an 'year first written abo�e. CONTRA TOR: % CITY OF � ` By: BY! Title: y Kq6ager Title: 2)val Social Security #: APPROV S i ' EXPENDITURE DISTRIBUTION DEPA E 0E DAT ACCOUNT NUMBER AMOUNT -71-7 110- 6220 -7014 $10,000 CITY ER ATE 7if2 710 1 j � a EXHIBIT A Scope of Services 1. Regular weekly clean up of all Park restroorns, showers, and concession stand at Blackberry Farm. This service will be performed: Tuesday— Sunday June, July, August (except for August 24, 25, 26, 27, & 31) Starting at 8:00 p.m. Saturday — Sunday May, September Starting at 7:00 p.m. 2. Regular clean up of the Blackberry Farm Retreai Center. This service will be performed: Wednesday & Sunday June, July, August Starting at 8:00 p.m. Sunday May, September Starting at 7:00 p.m. 3. Supplies such as hand towels, toilet tissue, seat covers and hand soap are not included and will be charged based on consumption. 4. The City may request additional cleanings when recessary, for an additional fee. EXHIBIT B 5. The City reserves the right to terminate this Agreement with 30 days notice. The Contractor may terminate this Agreement with a 30 -day written notice. 6. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, F.I.C.A. laws, and the City business license ordinance.