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09-001 Babi HogueAGREEMENT CITY OF CIJPERTINO C~t~~ of 10300 Torre Avenue C~lpe1~1110 . f/ 26 ~7~ Cupertino, CA 95014 ,~y~ 1 / 408-77"~-3200 NO. ,L..e~~ ~t~ ~~ BY THIS AGREEMEN Vmade and entered into on the _ / ~~ day of ~/r:t i~vZ a.g ~lJl~ ~j by and betwee~gthe CITY QF CUPERTINO (Hereinafter r~~ferre to,as CI Y) and Name (1) K t51-, -~D~qC<~: (2) rji 1'Gtl~ Address follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Tack, '' I I ~~ ~a.v-eQ ~ -- , l~~ ~u.rs`c,~eelC, rn~r,,ry~uvn~ ~Gf~c,S5~5 ~~~~~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~C1~ ~ ~ i ~" /~ TERMS: The services and/or materials furnished under this Agreement shall commence on ~ /, ~t?D and shall be completed before ~.l tl~ ~ a ~D ls2 COMPENSATION: For the full performance of this Agreerent, CITY shall pay CONTRACTOR: a~ O a ri1,3~1~ ~ h1 ~ YI ~ V wcti~ ~ ~ Ce.2,e.~.8o ~ hint ~j 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 arts 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. ;paid 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 ~~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 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 iriterest 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 CITY shall be: NAME -~ DEPARTMENT ~~ Y~.c,~l ~ ~~.~ This Agreement shall become effective upon its execution key CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CITY OF CUPERTINO: ~ -~-- By E~y Title Title Soc. Sec. # A~ROVALS ~ EXPENDITURE DISTRIBUTION E RTM T HEAD D E 4000UNT NUMBER A MOUNT ss ITY C RK D fJ f7 J CITY CLERK COPY EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 30-day notice. The contractor may terminate this Agreement with 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 a.ny 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, l~nemployment insurance benefits, FICA laws, the City business license ordinance, and the provisions of Federal law governing copyright protection found in r,itle 17 of the U.S. Code. 4. The Contractor shall not promote his/her business 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 addition,rlly insured. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (4081 777-3223 • FAX: (408) 777-3366 W EBSITE: www.cupertino.org CUPERTINO July 13, 2009 Ron Hogue 5501 Shadowcrest Way San Jose, CA 95123 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 inform~:tion, please contact the Parks and Recreation department at (408) 777-3110. Sincerely, CITY CLERK'S OFFICE Enclosure