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10-001 Martha M. Steiner AGREEMENT F y /0-// CITY OF CUPERTINO &Cityof 10300 Torre Avenue Cupertino Cupertino, CA 95014 408 -777 -3200 NO. BY THIS AGREEMENT made and entered into on the _ day of �tl V ?- r re 2_ f © l7 f by and between the CITY OF CUPERTINO (Hereinafter to as CITY) and Name (1) MAY" I , 5'fi her (2) Address (Hereinafter referred as CONTRACT R), in considera':ion of eir mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and /or materials: �e C4 t4 i Gl - fi�Y /C— A I"i f `S C Jc{ SS. �hQ /w X k� ��, "GS r EXHIBITS: The following attached exhibits hereby are made part of this Agreement: 5, �:xtiib =- A _ / TERMS: The services and /or mate L41s furnished under this Agreement shall commence on -J U and shall be completed before J aAk 3 v , a COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold ha 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 insuraLility 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 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 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. CONTRACT CO-ORDINATOR C O- ORDINAT and representative for CITY shall be: NAME T e r �elt 41 o DEPARTMENT -5k 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 r Title Soc. APPROVALS EXPENDITURE DISTRIBUTION V DRTM T HEAD ]'DAT ACCOUNT NUMBER AMOUNT Y C ERK bATE 71 611 6 to G >TY CLERK COPY 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 any 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, and 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 may be required to provide a one million dollar General Liability Certificate of Insurance with the City listed as additionally insured. 6. 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 or service to be performed by Contractor, City may cancel and withdraw from this Agreement.