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09-001 Barbara LauxAGREEMENT ~= Y o~ -t ~ CITY OF CUPERTINO City of 10300 Torre Avenue Cupertino s / ~ Cupertino, CA 95014 ~--~~2 V~~3 !~ 408-77,'-3200 NO. ~~ BY THIS AGREEM T made and entered into on the_~ '1~ day of ~ u.1~P ,~.g-Zt)©~ by and betwe~ the CITY OF CUPERTINO (Hereinafter rE~ferred to as CITY) and Name (1) a.Y' ~ba.~'~ ~ ~! (2) Addresses ~ (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: Tectc.~. ~ ye i~v-'~2/' ~©~~ G (~-5~e5 . f~ 1tii3'twfcla5s ; ~'c(a~SPS ~se~s.` EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~x~t~b; f /~ _ TERMS: The services and/or materials furnished under this Agreement shall commence on ~/ cJc l,/ ~ , and shall be completed before -_~ ~l ~~ ~ t~ , ~-D / COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~ ~.~ faer c 1 u,~5 , ~' .~~ ~ ~ r-.S'~SS ~ .~ 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 a~:ts of Contractor in performing services described hereiri. Insurance. Should the City require evidence of insurabilit~~ Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement.:~aid 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 ~~f 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 <~nd undersigned. At all times Contractor shall be deemed to bean 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 transfE~rred 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 CIT'E' shall be: NAME ~ DEPARTMENT~a~,g~1.~ r~."~~,r~y- This Agreement shall become effective upon its execution ty CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. ~" Title APPROVALS EXPENDITURE DISTRIBUTION D ART NT HEAD DAT ACCOUNT NUMBER AMOUNT ~ CLERK ~ DATE .~..-~~p9 a_ 0 C:ITV (;I F~RK C:(~PY EXHIB:[T A The City reserves the right to terminate thi:~ Agreement with a 30-day notice. The contractor may terminate this Agreement v~~ith 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 any artistic performance. Nevertheless, City may, at any time, observe the manner in which the contractor is performing such services. 3. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment 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 b~zsiness to participants registered in the City's programs. 5. The Contractor shall provide a one million dollar General Liability Certificate of Insurance with the City listed as additionalay insured. CUPERTINO July 6, 2009 Barbara Laux 221 San Mateo Avenue Los Gatos, CA 95030 To Whom It May Concern: OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cu~>ertino.org 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