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12-007 Mark Sabin, Green Biz Internship Training MaterialsAGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO. 1 tJN;S? ~4-/ Fiscal Year · BY THIS AGREEMENT made and entered into on the 5th day of January, 2012 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and Mark Sabin Address: City; Zip: Phone: (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: GreenBiz Internship Training Materials as directed for development by supervisor, to include, but not limited to: training-oriented power point presentations, program data collection tools including excel spreadsheets, summary information and intern home work assignments (word documents) and additional templates. CONTRACTOR will also support/lead student intern trainings hosted by the City.on Tuesday, January 17th and Wednesday, January 18th. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and 8 TERMS: The services and/or materials furnished under this Agreement shall commence on Monday; January gth and shall be completed before Friday, January 27th. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $ 560 ($20/hour * 28 available hours) ~ ENTERED GENERAL TERMS AND CONDITIONS: U 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 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 COORDINATOR and representative for CITY shall be: NAME: Erin Cooke DEPARTMENT: Environmental Affairs Division This Agreement shall become effective upon its execution by CITY. In witness· thereof, the parties ha executed th is CONTRACTOR: r17~ t_:, CITY OF CUPERTINO< Agreement the day ~8JJf8t~ritten above. !Z1 By: Mark Sabin A') A ,ye,. ::L..6v1 By: Rick Kitson /' < Title: Green Biz Sustainability Training Specialist Title: Public and Environmental Affairs Director Social Security#: APPROVALS DEPARTMENT HEAD DATE ( , t D • t-Z.. .~ CXJCJO .~ EXHIBIT A 1. 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. 2. In the event that the contractor has employees who will assist in the performance of this Agreement, Contractor shall file with City a Certificate of Worker's Compensation insurance and for those instructing persons 18 years and younger, provide fingerprint clearance and current T.B. test. 3. In the event that less than the required minimum number of participants shall request and pay for services prior to the agreed upon time for the commencement of services to be performed by Contractor, City may cancel and withdraw form this Agreement. 4. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the Contractor. 5. The ContractGr shall comply with all applicable Federal, State, and local laws and · ordiriqnces (n.dluaing, but not limited to, unemployment insurance benefits, F.l.C.A. 1aws·; andthe"·city business license ordinance. 6. The Contractor shall not promote his/her business to participants registered in the City's programs. ~· • EXHIBIT B (Services) 1. The services to be performed by CONTRACTOR: The contractor shall provide GreenBiz internship training and offer support materials outlined in the CONTRACT. 2. The times and places CONTRACTOR will perform the services: All trainings led by the CONTRACTOR will be hosted at City Hall, 10300 Torre Avenue, Cupertino, CA 95014. All support materials design development may be performed in the offices of The Patnaude Group. 3. The number and eligibility of persons to receive the service: Minimum: 4 4. Payment to CONTRACTORS for services: Payment made on 2/3/11, following the completion of the contract.