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09-001 The Leading Age Institute (2)AGRE=EMENT Fy n y-~~ CITY OF CUPERTINO ~, ~ 10300 Torre Avenue Ci of Cupertino , / Cupertino, CA 95014 ~jt~/~ v 408-777-3200 NO. ~ DD BY THIS AGREEMENT made and entered into on the ~ Nd day of ~ uH °`- ~J' ~ by and between the CITY OF CUPERTINO (HereinaftE~r referred to as CITY) and. Name (1)Thc° ~ ,~i~St~i ~u~ ~ (2) ~ri,3~rrt~ l`fe hhe,a ~ Address p' U. ~~ City (i1A~~C,~ ZipRSo~S Phone ~e 8-l ~Z z- (Hereinafter referred as CONTRACTOR), in consider~dion of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the followin specified services and/or materials: ~,uv~Chenr~ 5~1~--5 ~~r¢~ ~~;s, d-t~e, f~9,n~ ~,vnch~.o~, P/~r~ti-, EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~~ ,~C~l~t i ~ 1 P~ ~ J TERMS: The services and/or materials furnished under this Agreement shall commence on ~y 1 \~j. 2-~ and shall be completed before L f yt C Z C~ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ,~" ~ 5~ t~ p~~'c~'~.~ icl,.+~ o< lNii~rH'v-~~v~-, ~ -lam via ~~/~-~~"pc'+~ v~ ~ .e1r-e.,.~f ; GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold h<<rmless the City, its officers, agents and employees from any and all damage and liability of every nature, including al costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts 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: 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 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 tra~~sferred 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 ~J V 61 ~( L~M/L~J DEPARTMENT~It~KS A~'~. l~P~~l't-°G~/T~'I~ This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CO A CITY OF CUPERTINO: t~ Y ~ ~ By itle ~ ' r.~ ~- ~~itl ,,~ idr /~2.1'~t-f'Et.~1t0~ ~i~-/Vi•Sdf-~ Soc. Sec. # S ~ ~' ~' APPROVALS EXPENDITURE DISTRIBUTION ART T~HEAD ATE ACCOUNT NUMBER AMOUNT ~- ~~ 7 ~ n - ~.5~1 -- ~ a a.~, o IT C RK ~ D E - ~ _ ~ v- ~~ - CITY (;l FRK t~t1P`/ C O P E RT I N O EXHIItIT 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 th~° manner Contractor performs the senTices to be performed, nor as to the content of any 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, 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 business to participants registered in the City's programs. OFFICE OF THE CIT`~ CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupeitino.org CUPERTINO October 14, 2009 The Leading Age Institute Christine Kennedy P.O. Box 333 Cupertino, CA 95014 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 cc: Parks 8~ Recreation