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90-045q - Blackberry Farm - Regina Dein - Interim Rec Coordinatorvo�ov' R White - AGREEM=ENT CITY OF CUPERTINO P.O. Box 589 Cupertino, CA 95015 252-4505 10-0000-001-761.00 $ 13,000.00 0-' � NO ­ BY THIS AGREEMENT made and entered into on the 9th day of May 19 91 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Regina Dein (2) Address (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: BLACKBERRY FARM EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A — services Exhibit B — special provisions TERMS The services and/or materials furnished under this Agreement shall commence on May 10, 1991 and shall be completed before October 31, 1991 COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: 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 per- formance 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. No discrimination shall be made in the 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 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 CO-ORDINATOR and representative for CITY shall be: NAME Michael S. O'Dowd DEPARTMENT Parks and 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: CITY O C PE TING: By ,r yoo By Title :112n4W., Rife h6-0 Title_ Recreation Supervisor Soc. Sec.# ��( APPROVALS opy N1 , f : REGINA DEIN EXHIBIT A (services) 1. The services to be performed by CONTRACTOR: Recreation Coordinator to assist in operation of Blackberr Farm Picnic Grounds 2. The times and places CONTRACTOR will perform the services: As scheduled by Recreation Supervisor Michael S. O'Dowd at Blackberr Farm •3. The number and eligibility of persons to receive the services: N/A 4. Fee to CONTRACTOR for services: $ 10.56 per hour, not to exceed $13,000 REGINA DEIN EXHIBIT B (special provisions) 1. In the event that Contractor has employees who will assist in the performance of this Agreement, Contractor shall file with City a Certificate of Workman's Compensation Insurance and of current T.B. test for those instructing persons 18 years and younger. 2. In the event that less than N/A persons shall request and pay for the services prior to the agreed upon time for the commencement of services to be performed by Contractor, upon written notice to City, may cancel and withdraw from this Agreement. 3. 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 Contractor. 4. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployemnt insurance benefits, F.I.C.A. laws, the city business license ordinance, and a current T.S. test for all contractors and their employees who will be instructing persons 18 years and younger.