02-018 Kimberly ClarkAGREE=MENT
CITY OF CUPERTINO
City f 10300 Torre Avenue
Cupert' O / / ~ Cupertino, CA 95014
1 / ~'fi' 408-777-3200
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NO. ~~~~~
BY THIS AGREEMEN~de aand entered into on the ~ ~ ~ day of it V Gl.~ # ZLYJZ
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) ~ bP.~~ (2
Address ?~~--1. S • ~~ .p ~ City IN'7 ~ ~ i~ Zipy~ Phone `'t~_g~'~ - 3~a3
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following spe~;ified services and/or materials:
C~v vt-F~~r~ W~b'~~'~l ~~C~ ~ /1~~~11 uC~ I D -~'t
EXHIBITS: The following attached exhibits hereby are m~ide part of this Agreement: ~ x, ~~~ b~-}-
TERMS: The services and/or materials furnished under this Agreement shall commence on ~~ Z ~ I Z ~~-
and shall be completed before Sung 3a , Zla(~Z
CO~cM~,PENSATION: For the full performance of this Agreement, CITY ~s. hial~l pay CONTRACTOR:
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harrrlless 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 <<cts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurabili?:y 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. No discrimination 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 this 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 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 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 CI1~Y shall be:
NAME KC-IYE~/V1 Lam/ ~ DEPARTMENT ~1~~ ~ ~f~~r`_Gt~~ 8-~
This Agreement shall become effective upon its execution ~y CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: I:,ITY O'F/C,UP,ERTINO:
Title Yl -title ~eE./'~_U:.--~L~ /1 _c~YIGC~
Soc. Sec. # (,P ~
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I.XPENDITURE DISTRIBUTION
DEPA ENT H D DAT ACCOUNT NUMBER AMOUNT
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CITY C R ATE
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CITY CLI_!R PY
E.~iIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement with a 30-day written notice. .
2. In the event that the Contractor has employees who will assist in the performance of
this Agreement, Contractor shall file with City a Certificate of Worker's Compensation
Insurance and for those instructing per.~ons 18 years and younger, provide fingerprint
clearance and current T.B. test.
3. In the event that Less than the required minimum number of participants shall request
and pay for services prior to the agreed upon time for the commencement of services to
.,_ be performed by Contractor, City may cancel and withdraw from this Agreement.
4. City shall have no right of control as to the manner Contractor performs the services to
be -performed. Nevertheless, City may, pit any time, observe the manner in which such
services are being performed by the Contractor.
5. The Contractor shall comply with al( applicable Federal, State, and local laws and
ordinances including, but not limited to, ~memployment insurance benefits, F.LC.A. laws,
and the City business license ordinance.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.
Revised 4!23/97