08-001 Mandarin Learning center of Silicon ValleyAGREEMENT
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CITY OF CUPERTINO
City of 10300 Torre Avenue
Cupertino ~ ~ ~ ~'Z Cupertino, CA 95014 ~j,~~~~0
~ 408-777-3200 NO. U`"~
BY THIS AGREEMENT made and entered into on the ~'~ day of -~ ~:~t ~~ ,yA'~L~~
by and between the CITY OF CUPERTINO (Hereinafter Cef ~~~to as CITY) and
Name(1) hd.a~v~ Lec~rn~-~cvvit~?{ Ds,i~c.~shV~~
Address ~_~ ~
(Hereinafter referred as CONTRACTOR), in consideration of th ~ mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furni h the following specified services and/or materials:
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EXHIBITS: The f lowing attfache exhibits ereby are made pa t of his ~, ~ t{ti:~'~ ~~~~~
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TERMS: The services and/or ma~ials furnished under this Agreement shall commence on ~-.~ ~` ~! ~. ~~~
and shall be completed before ~~Q 3 ~. D`1
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~
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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 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 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 and representative for CITY shall be:
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NAME / DEPARTMENT -~~G~'i-l~iU C.~t.(~itt_
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 ___.___ Title ~~ r ~t ~7i~ _ L~~ C t+rr~ ~2 i
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APPROVALS ~, EXPENDITURE DISTRIBUTION
D ARTME T HEAD D E
^ ACCOUNT NUMBER AMOUNT
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4
CITY CL.ERK COPY
EXHIBIT A
l. 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, nar as to the content of any artistic performance. Nevertheless, City
may, at any ±iYne, ~bserve the m~nner in whi~h the cont!-actor is performing such
services.
3. The Contractor shall comply with all applicable Federal, State, and local laws and
ardinances 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 Contractar shall provide a one million dollar General Liability Certificate of
Insurance with the City listed as additionally insured.