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09-001 Joseph Marchi (2)AGREEMENT gY ~ ~ _ j CITY OF ~:.UPERTINO City of ~~ 10300 Torre Avenue Cupertin ~~ ~ Cupertino, CA 95014 408-777-3200 NO. ~~ ~~ BY THIS AGREEMENT made and entered into on the _ f 7 ~ day of ~l c.z r1Z ~I"~~ by and between the CITY OF CUP RTINO (Hereinafter referred to as CITY) and Name (1) J flSP n ~ M~~~ (2) Address ~3 (~k~ ~~ i n,~; ~t City >~. ~n /-~a ~_Zip ~t?fh~ne 6-.SD - ! 121 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Teams ~~ ~v~n~('iC~ n ~ u5 %Ca ~ 5 c la.s~; l ~ S l~Owt ~~ 1a55 , 5 c r!asS~s~i SPSS,`s~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materjals furnished under this Agreement shall commence on ~~( `,! ~~ ~ cl and shall be completed before ~~~~Q ~ ©~ .~-~ ~ 1`Z COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~~ ~~-- ~ f~0 ~~~' clC~, ~$~G ~ ~-x.55; i:~'1 t' S ~"~u55c'~~- /~ini h'I uh1 ~'',~ l~f ~~1~~?'*~ ~-e 'r- C ~ Gt ~5;. 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 posts 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 Agreemerr:. 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 sE~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 Ci~:y 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 writt~~n consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: ~- NAME DEPARTMENT 51~~~.Q/(J ~~,r~L~-~Q_T,/' 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: ~,~ ,-"" By - - By Title Title Soc. Sec. # S~ ~[ - 3 ~ - ~ ~ ~ '3 APPROVALS EXPENDITURE DISTRIBUTION RTM T~HEAD D E ACCOUNT NUMBER AMOUNT < Z~ ~ ~- i ~.8~ ITY LERK DATE ~/a !o h ~ ~ . ~A ~ • ~i CITY CLERK COPY EXHIBI~f A 1. The City reserves the right to terminate tf•~is 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 employE:es 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 persons 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 form this Agreement. 4. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, a': any time, observe the manner in which such services are being performed by the Contractor. 5. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unE~mployment insurance benefits, F.I.C.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. OFFICE OF THE CITI' CLERK CITY HALL CUPERTINO October 9, 2009 Joseph Marchi 1366 Rainbow Drive San Mateo, CA 94402 To Whom It May Concern: 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupe!-tino.org 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