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05-075, Environmental Planning Consultants AGREEMENT Ci~ BY THIS AGREEMENT, made and entered into this 20th day of Julv. 20QQ" by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Environmental PlanninQ Consultants (2) Address 1885 The Alameda. Ste. 120 City San Jose Zip 95126 Phone (408) 249-0691 (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: Consulting Services for City's Solid Waste & Recycling Programs CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NotroS-4777 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See Attached Scope Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on Julv 1. 2005 and shall be completed before June 30. 2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall Not Exceed $24,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1 ,000.00. ~ ENTE GENERAL TERMS AND CONDITIONS - U RED Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, 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. 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 relationship 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 Lavenia Millar DEPARTMENT Public Works 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. CITY OF CUPERTINO: . . By Title Soc. Sec. # D~T.Eq. O.b t.. DATE(j"'/()_DC - ***** THIS AGMT. HAS BEEN ISSUED BY JENNIFE A $24,000.00 EXHIBIT "A" 2005-2006 Scope of Work for ENVIRONMENTAL PLANNING CONSULTANTS Environmental Planning Consultants shall provide the following services: Task 1. Commercial Sector Technical Assistance . EPC will assist individual businesses expand their waste prevention and recycling activities. · EPC will meet with businesses and assess the opportunities for them to reduce wastes requiring disposal. . EPC will make recommendations to these businesses, and assist them in implementing and expanding waste diversion programs. Task 2. Green Business Program Assistance . EPC will assist the City in promoting the Green Business Program · EPC will assist individual City Departments complete the necessary activities to become certified as "Green Businesses" . EPC will assist individual businesses in the City complete the necessary activities to become certified as "Green Businesses" Task 3. Business Trash and Recycling Guidelines . Prepare final document for businesses on garbage and recycling requirements, space allocation, bin sizes, and other features Task 4. Solid Waste Technical Assistance . EPC will provide other related integrated waste management technical assistance as requested by the City.