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09-001 Rosemarie ReichardAGREEMENT -FY o9-~~ CITY OF ~UPERTINO City of ti C ~ ~ 10300 Torre Avenue Cupertino, CA 95014 ~J ~) ~~ uper no / ' ~ t/""" ~ ~ T J ~J 408-i 77-3200 NO. BY THIS AGREEME N ma a and entered into on the _ day of O~'1-C~.r ~' by and bet _ en the CITY OF~~P~RTIN (Hereinafter referred to as CITY) and Name (1) ~~~~ (2) _ Address S D ~ r ~, City ~>Gt.v~ ~J ~.S-2. Zip -~ ~ hone -2~7 ~1 ~ ~ (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following s~~ecified services and/or materials: ~c~ac~ c~L. ~oaK WAY` I~ ~(~s~ ~ fi©U.~' / ~ ~t8-tc,r C ~a~5 ~rsQS$, ~ EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement: ~xh~b~t ~ TERMS: The services and/or materials furnished under this Agreement shall commence on ©ct0~r 5 ~-+d0~ and shall be completed before ~A h~ ~ D , <3-p ! [~ COMPENSATION: For the full performance of this AgrE~ement, CITY shall pay CONTRACTOR: ~ too ~.e r 4 - wok s ~ s5 .~ ~ . /h `, -~ '~ ~ m i ~ r~ y;,v~.r~ ~.~-i-u d,~.~..~~ 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 acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurak~ility Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreemert. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made iri the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or s~:x 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 C ty and undersigned. At all times Contractor shall be deemed to bean independent contractor and Contractor is not aL~thorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that n~~ 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 writ~:en consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME ~ ~ _ DEPARTMENT ~5~-i~(.t.(~ ir' ~G,~, ~~ 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. CONTRACTOR: CITY OF CUPERTINO: n .- g _ By ~ -i Title Title Soc. Sec. # °S ~ _ APPROVALS ~, EXPENDITURE DISTRIBUTION D ARTM T h~AD ATE ACCOUNT NUMBER AMOUNT p ~ ~ v 6.S"S< - J o ~~ l~fJ ITY L K ~ DA E ~-'~t. ~- /o /~/b~ ' D o ~ ... CITY (.:I_E13K r~QPY EXHIBIT A The City reserves the right to terminate this Agreement with a 30-day notice. The contractor ray 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 ar.y 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 appli~;able Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, the City business license ordinance, ~md 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) ''77-3223 • FAX: (408) 777-3366 WEBSITE: www.cupe~rtino.org CUPERTINO October 9, 2009 Rosemarie Reichard 5106 Glen Tree Drive San Jose, CA 95129 To Whom It May Concern: A copy of the fully executed agreement witf I 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