09-001 Mandarin Learning Center of Silicon ValleyAGREEMENT ~ Y ~~ _ ~ v
CITY OF CUPERTINO
City of 10300 Torre Avenue ~~;
Cupertino , `~ ~ t? 9~ Cu 408 777- 200014 NO. DOO ~~~ T ~'
BY THIS AGREEMENT ma a and entered into on the _ / ~ day of ~,,r! r A ~ yJ' .2.00
by and between the CITY OF CUPERTINO (Hereinafter referre to as CITY) and
Name (1)~dtNC~A~i11 ~.PQY ;nG CP ~r o'{S%~;COY) e
Address ~, a . X ~ ~~ ~'' City ; Zip ~ Phone h/.-~ - ~[~9
(Hereinafter referred as CONTRACTOR), in consideration of th rr mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the followings -ecified services and/or materials:
~~.G~ Cu-rn /Q~Scx~% i~1e~-C lu~~~~ ~-'i n ~ ~~ts,$ ! ~S" /~gur lc(a SSA / f? c rfa.~$'PS `i 5~,5,~'~
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
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TERMS: The services and/or mater' Is furnished under this Agreement shall commence on eJ Gc ~ ~ / . Ll1D9
and shall be completed before ,,~;.A"~.~~,_~I / l
COMPENSATION: For the full performance of this AgrE~ement, CITY shall pay CONTRACTOR:
~# goo ~~ 5 e.5s; ~-, , m ~ n ~ rn u m ~~ ~ f ~ ~~`'7e~..~ ~' s~ic~ /'~' r` ~~'~~~~`J
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 insurat~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. 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 bean independent contractor and Contractor is not arthorized to bind the City to any contracts or other obligations
in executing this Agreement. Contractor certifies that rn~ 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 writi:en consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME DEPARTMENT~~~~~J ~1.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:
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Title ~ f r ~~'~ ~~ ~~ Title
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APPROVAL~~~` ~ ~~`'~~~~''~` ~ EXPENDITURE DISTRIBUTION
D RT ENT HEAD DAT ACCOUNT NUMBER AMOUNT
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EXHIBIT 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. City shall have no right of control as to the :manner Contractor performs the services
to be performed, nor as to the content of an:~ 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 applicable Federal, State, and local laws and
ordinances including, but not limited to, unemployment insurance benefits, FICA
laws, the City business license ordinance, aZd 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.