09-001 Sharon HuangAGREEMENT ~. ~~ oy _ ~ u
CITY OF CUPERTINO
City of 10300 Terre Avenue
Cupertino ' /~ ~ ~ I Cupertino, CA 95014 ~~ ~ QGj
V 408-177-3200 NO.
BY THIS AGREEMENT ma a and entered into on the _ ~'~~ day of ~U,afi;~ m !~ ~ ,~.A-~p`~
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) _ (2)
Address i ~ ~~~' ~ ~ ~ # X73 City ~>;.. h n ~vz, l v, Zip Phone ('Fc~ 7~-~ -c~ Y6~'
(Hereinafter referred as CONTRACTOR), in consideral:ion of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following s~~ecified services and/or materials:
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EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement:
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TERMS: The services and/or materials furnished under this Agreement shall commence on o~~h ~ ~ ~ i c~
and shall be completed before ~.1 ,~,~ ~ ~ ~~ ,~.{1_~
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
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 Cty 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 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:
.sue ~ ~~
NAME DEPARTMENT ~~ag.ytiA.r U.h.((/~)
This Agreement shall become ffective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF C PERTINO:
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By Sharon ~ % ~'t~ih By
Title ~ ~ Title
Soc. Sec # ~ ~,,~~~~'-/ ~
APPROVALS
EXPENDITURE DISTRIBUTION
PART ENT HEA D TE
" ACCOUNT NUMBER AMOUNT
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ITY LERK ~ D/~TE ~O~
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CITY (;LERK t;OPY
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EXHIBITA
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement ~niith 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 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, ~~ity may cancel and withdraw form this
Agreement.
4. City shall have no right of control as to the i~nanner 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 applic~~ble 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.