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09-001 Martha M. SteinerJ Zsi3 AGREEMENT CITY OF CIIPERTINO 10300 Torra Avenue Cupertino, CA 95014 408-777-3200 ~=Y o4-to NO. ~~ ~~ / BY THIS AGREEMENT made and entered into on the _ / ~~ day of _ I ~! ~-~-- .~J' -~~~ by and between the ITY OF CUPERTINO (Hereinafter rE~ferred to as CITY) and Name (1) n r /~'1 . 5`f'~ ~ h 21^ (2) Address City . S~ Zip~~~Q.~~ Phon~~o,~ 7 3.~ - 5'~~~ (Hereinafter referred as CONTRACTOR), n consideration oft eir mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: ~cc~ ' ` tea, ; ~~ ~ ~o~r ~ ~ r i' 1~'i:s ~ c l<,+. s5 - Oy.Q k-,~u^-r~inl ~ ~ G c,c% r7-Q~s~_s>?.~S`~'J EXHIBITS: The following attached exhibits hereby are ma~~e part of this Agreement: TERMS: The services and/or materi Is furnished under this Agreement shall commence on 7 `~ / d and shall be completed before ~!_3~ ,mod ! ~ COMPENSATION: 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 a~~ts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurabilit~~ 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 ~~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 ;end 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 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 /~./A~~t ~r?.yi-4 ~ ~~ __ _._ ___ DEPARTMENT This Agreement shall become effective upon its execution try CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: , ~~!1~-~-+~L CITY OF CUPERTINO: ~ - ~- By ~ ca~J-h c~.d' ~ C~ n-e.~~ E;y Title ~1 eaE~ l-itle Soc. Sec. # Z 74' 3 ~ 7 {- ~ ns~-r'c.~i APPROVALS `~ EXPENDITURE DISTRIBUTION DE TMEN HEAD D E ACCOUNT NUMBER AMOUNT 6'~ .~ .zo~_~~ I C ERK D p~ ~/ ~ 0 J niTV ri i=RK rnpv 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 w}uch 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, <<nd 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 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 additionally insured. 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 CUPERTINO July 13, 2009 Martha M. Steiner 147 Carlisle Way Sunnyvale, CA 94087 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 informa~:ion, please contact the Parks and Recreation department at (408) 777-3110. Sincerely, CITY CLERK'S OFFICE Enclosure