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09-001 Trudi Burney (2)AGREEMENT ~ ~ o ~~ _ , ~ CITY OF CUPERTINO City of 10300 Torre Avenue Cupertino ~ ~~~? Cupertino, CA 95014 ~/ / ©~ ,_, 7 408-777-3200 NO. ~~ t' fj BY THIS AGREEMENT made and entered into on the _ ~ ~ day of 5~~~~12•~,,1~ ~~~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) (2) Address / ~ ~ ~_\,L,'rr ~A ~aS ity a ~ Zip ~ Phone~~-0~~~~- ~O`~,5" (Hereinafter referred as CONTRACTOR), in consideration of their utual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: 1 e a-~ c,~ i"~ -'t1 i G S C (A S.S c~ .~ wL-v^, Cte'~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on ~ S/. ~O/1? and shall be completed before ~% ~9m.~,, ?~ i ire COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Cry O ~.~ r ill C ~.Q/f S MS'S i " / .. / "[ e %f, ~~ij^! GL f 1 h G l L.l ~t~( ~'/~ h 1 IYI.G~/I ° ~ T O 41/lL~l •'/!L/~ / /<~f~/r ! ~ ! ~ ~"W7L~"'"_" / GENERAL TERM AND CO I NS (l 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 I;osts 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 i his 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 nc 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 writtl;n consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: .~ J~ NAME /' _ DEPARTMENT_~~/.HMI CP~r_~ 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. CONTRA/CT~OR: CITY OF C PERTI~: gy ,/ % By Title cl ~ '/ P Title Soc. Sec. # APPROVALS EXPENDITURE DISTRIBUTION D RTM NT HEAD D TE ACCOUNT NUMBER AMOUNT f~ -~ ~ ~ ~?D©o C1 _ ITY C RK DATE CITY C I_ FRK COPY EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 30-day notice. The contractor r~iay terminate this Agreement vrith 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 airy artistic performance. Nevertheless, City may, at any time, observe the manner in w:uich 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, rind 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 CIl'Y CLERK CITY HALL 10300 TORRE AVEf~IUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cup~srtino.org CUPERTINO October 9, 2009 Trudi Burney 13210 Via Madronas Drive Saratoga, CA 95070 To Whom It May Concern: A copy of the fully executed agreement witf~ 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