10-001 Mandarin Learning Center of Silicon Valley CITY OF AGREEMENT
CITY OF CUPERTINO
�St'�9JJ 1q 7✓ 10300 Torre Avenue
CUPERTINO l Cupertino, 95014
408 - 777 -3-3 200 NO.
BY THIS AGREEMENT, ma•e and entered into this 30th day of August, 2010 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Mandarin Learning Center of Silicon Valley
;
(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:
Teach Conversational Mandarin classes. 1.5 hour per class, 8 classes per session.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A
TERMS: The services and /or materials furnished under this Agreement shall commence on September 1, 2010
and shall be completed before June 30, 2011
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$225 per 8 -week session. Minimum enrollment of 9 students per session.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, officials,
employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of action, losses, damages,
liabilities, or judgments known or unknown, and all costs and expenses, inc uding reasonable attorneys' fees in connection with any injury or damage
to persons or property to the extent arising directly or indirectly out of any negligence, error, omission, recklessness or willful misconduct of
CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in relation to the performance of services under this Agreement.
Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful
misconduct of CITY, its officers, officials, employees, volunteers, agents or representatives.
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. 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 relationship 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 transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City. r ‘f ej CONTRACT CO- ORDINATOR and representative for CITY shall be: ENTERED
NAME: Teresa Feng Mo DEPARTMENT: Senior Center
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:
Title: Recreation Coordinator
Soc. Sec. # or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
DEPAR T j D E ACCOUNT NUMBER AMOUNT
�- 110 - 6549 -6316 $2,025
DAT`F,v /( 1 C A l 0
EXHIESIT A
1. The City reserves the right to terminate this Agreement with a 30 -day 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 persons 18 years
and younger, provide fingerprint clearance and current TB test.
3. In the event that less than the required minimum number of participant shall request and pay for services prior
to the agreed upon time for the commencement of sery ices 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, at 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, unemployment insurance benefits, FICA laws, and the City business license ordinance.
6. The Contractor shall not promote his/her business to participants registered in the City's programs.