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09-001 The Leading Age InstituteCity of /~ ~/~ Cupertin V `j AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-77'7-3200 BY THIS AGREEMENT made and entered into on the _ ~ ~ day of ~~ 1~9:~dd J by and between the CITY OF CUPERTINQ (Her inafter referred to as CITY) and Name (1) ~n ~~~~' ,2) ~ ~"J3 ~/~`~~°~~i9il.~Y Address ~ ~ ~~ City ~~C}tYlc~~Zip ~S~/S Ph ne fro 1~ ~/~Z"Z (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the fol wing specified services and/or materials: ~vn ~t1c.~-~.'+ ~~~-l~e~' ~eS~~'' ~t1 S~ ~-r~-e. ~ i ~ ,~ (JN-Gl~e..~-vim ~'~ I~2~ ~, U Ocv 9 EXHIBI S: The following attached exhibits hereby are m~ide part of this Agreement: ., ~~ l~ -`~ ~ ~ ~J- TERMS: The services and/or materials furnished under this Agreement shall commence on ~ '~~ 7 and shall be completed before ~~ ~~ , Z~ C MPENSATION: 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 performance of this Agreement. City shall not be liable for Picts 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. Nodiscrimination 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 tr is 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 ~~ne 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 CI~~Y shall be: NAME LJ l~ 1~G~- DEPARTMENT ~~~~LH-~ Y~-1~Ir1 This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this D ART T HEAD TE ACCOUNT NUMBER AMOUNT ©~ 1 ~ ~- ~ 3~zs' ~~o~- ~ ~ ITY C RK c~~ APPROVALS EXPENDITURE DISTRIBUTION C O P E RT I N O EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 30-day notice. The contractor may terminate this Agreement `vith a 30-day written notice. 2. City shall have no right of control as to the; manner Contractor performs the services to be performed, nor as to the content of aaly artistic performance. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. 3. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, m~employment insurance benefits, FICA laws, the City business license ordinance, and the provisions of Federal law governing copyright protection found in Title 17 of the U.S. Code. 4. The Contractor shall not promote his/her I~usiness to participants registered in the City's programs. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cuF~ertino.org CUPERTINO May 20, 2009 The Leading Age Institute Christine Kennedy PO Box 333 Cupertino, CA 95015 To Whom It May Concern: A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Parks and Recreation department at (408) 777-3110. Sincerely, CITY CLERK'S OFFICE Enclosure