Mission Beach Summer Fly Mitigation Contract A. Background 1. Purpose of Agreement. This agreement by and between _____________________________ (“Rental Agency”) located at ___________________________________________________________and BeautifulMB with corporate offices located at 4445 Lamont St. San Diego, CA 92109 is for the purpose of outlining the services to be provided by and through BeautifulMB to Rental Agency for the explicit purpose of assisting the community in mitigating the fly infestation in the Mission Beach community of San Diego, CA. BeautifulMB will be a consultant acting as the contract coordinator and point of contact for the completion of the private trash hauling services, trash can cleaning, and other trash and fly mitigation services as requested and agreed upon between Rental Agency and BeautifulMB. The following agreement lists the services provided, expectations of BeautifulMB’s services to Rental Agency, expectations of Rental Agency by BeautifulMB, period of performance, payment, and contract terms. 2. Consultant Background. BeautifulMB is acting as a consultant to Rental Agency and residents as a community 501(c)6 non-profit organization dedicated solely for the improvement and beautification of the Mission Beach community in San Diego, CA. All funds, projects, and actions taken by BeautifulMB are for Mission Beach, and any additional donations and/or revenue can only be used for this purpose. As the contract coordinator for rental agencies and residents of Mission Beach, BeautifulMB will act only in the best interests in the community. B. Consultant Duties and Services This section will detail what the consultant promises to deliver (deliverables), the format the deliverables will take, and when they will be delivered. Be as specific as possible when you outline activities and deliverables. 1. Period of Performance. The start date of this contract is June 6th, 2014 and the end date of this contract is September 9th, 2014. This contract can be extended on renewed on an annual basis. 2. Tasks and Deliverables. The following activities and tasks will be coordinated and/or performed by BeautifulMB for Rental Agency: - Act as contracting coordinator for Rental Agency with various service providers to conduct a 2nd trash pickup, trash can cleaning services, and provide trash can liners. - Act as liaison between service providers and Rental Agency for scheduling, issues, and communication between parties. - Provide stickers for trash cans that display participation in the BeautifulMB fly mitigation program. - Bill Rental Agency for all services requested and provide. - Maintain BeautifulMB.com website, which will include Rental Agency’s logo, link to website, and any additional relevant information at BeautifulMB’s discretion (unless Rental Agency requests otherwise). - Press release to local news outlets listing the participation of Rental Agency. C. Client Agreement 1. Information Gathering. The Rental Agency agrees to provide to BeautifulMB the following information: - Address of each of the homes to be participating in the 2nd trash pickup. Additional information pertinent to the individual homes that may affect successful pickups. Point of contact information for Rental Agency. 2. Cooperation with Consultant. The point of contact for the Rental Agency will be responsible for providing all necessary information and updates in order to complete services by vendors and BeautifulMB. The Rental Agency acknowledges that full disclosure of all requested information is required to successfully execute this project. 3. Method of Payment. The Rental Agency will pay BeautifulMB a flat fee, up front with check, cash, or credit card, for each address that is included in the participation of the Mission Beach Fly Abatement Program, with the fee determined by the package the Rental Agency chooses in order to mitigate the flies in Mission Beach. Please mark one of the following packages for each of the addresses participating in this project: ____ PACKAGE ONE(1): 14 private hauler trash can pickups, 1 trash can cleaning, 1 96 gal trash can liner. Total cost for entire summer of services provided - $124.99 ____ PACKAGE TWO(2): 14 private hauler trash can pickups, *3* trash can cleanings, *14* 96 gal trash can liners. Total cost for entire summer of services provided - $159.99 After payment and address information for each of the trash cans to be included in this project is provided by Rental Agency, BeautifulMB will deposit the funds into non-profit’s bank account and drawn down as services are performed and billed by the service providers. D. Changing or Terminating the Contract. If Rental Agency wishes to amend or change the contract, it must be requested in writing via letter or email and then agreed upon and signed by both parties as an addendum to this contract. Unfortunately, due to the expedited nature of this project, no refunds will be possible. F. Confidentiality. BeautifulMB will not share any confidential information about the Rental Agency with any third party, except as necessary to perform the tasks in this agreement and approved in advance by the Rental Agency. Confidential information includes financial records, personnel information outside of the scope of information provided to vendors for service and communication needs, processes, procedures, and the like, except whereas necessary to perform the tasks in this agreement. G. Indemnity and Applicable Law A. Rental Agency agrees to hold harmless and indemnify BeautifulMB, its officers, agents and employees, from and against any and all actions, suits, damages, liability or other proceedings that may arise as the result of performing services hereunder. This section does not require Rental Agency to be responsible for or defend against claims or damages arising solely from errors or omissions of BeautifulMB, its officers, agents or employees. B. BeautifulMB shall ensure that all vendors providing services for this project maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $__________ for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit. C. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any lawsuit pertaining to or affecting this Agreement shall be venued in the Circuit Court for the State of California. H. Independent Contractor. BeautifulMB’s relationship to the Rental Agency in the performance of this agreement is that of an independent contractor and not as an agent, employee, or representative of the Rental Agency. IN WITNESS WHEREOF, the Parties, intending to be legally bound, have each executed this agreement as of the this date, the ____________ day of _____________, 2014. _____________________________ Signed _____________________________ Signed _____________________________ Print _____________________________ Print For Rental Agency BeautifulMB