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08-001 Jennifer MoOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 9504-3255 TELEPHONE: (408; 777-3223 -FAX: (408) 777-3366 WEBSITE: www.cuE~ertino.org GUPERTINO December 19, 2008 Jennifer Mo 617 Lisa Way Campbell, CA 95008 To Whom It May Concern: Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino- If you have any questions or need additional information, please contact the Parks and Recreation department at (408) 777-31 10. Sincerely, CITY CLERK'S OFFICE Enclosure AGREEMENT CITY OF CU PIERTINO '10300 Torre i~venue ¢ /~~--' / ~ Cu (408) 777A3200 14 NO. ~ ~~~~U ~1 /b FY 08-09 BY THIS AGREEMENT made and entered into on the 1"` day of January, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Jennifer Mo 617 Lisa Way, Campbell CA 95008 (Hereinafter referred to 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: SAT preparation classes. EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement: Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on January 1, 2009 and shall be completed before June 30, 2009. COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR: 70% of resident fee, minus a $10.00 administration fee per participant. 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 e~iery 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 pertorming services described herein. Insurance. Should the CITY require evidence of ina:urability, 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. 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 obligation:; 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 C///IT~~~Y_. CONTRACT COORDINATOR and representative for CI-fY shall be: ~/ W ~A6rg+L~~ETt. NAME: Lauren Phillips DEPARTMENT: Parks 8. R-ecreation JY j La L 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., ERTINO: -_ Title: Title: R cr ation C rdinator Social Security #: gpPROVALS EXPENDITURE DISTRIBUTION C D PA_ R M NT HEAD DATE ACCOUNT NUMBER AMOUNT _ _ __ -~~ 580-6349-7014 $400.00 C RK DATE ~a -i s EXHIBIT A 1. The City reserves the right to terminate this Agreement with 30 days notice. The Contractor may termin~~te 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 Compensations 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, City may cancel and withdraw form this Agreement. 4. City shall have no right of control as t~~ the manner Contractor performs the services to be performed. Nevertt-~eless, 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 nat limited to, unemployment 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. EXHIBIT B (S~srvices) 1. The services to be performed by CONTRACTOR: The contractor shall provide driver's education classes to students. 2. The times and places CONTRACTOR will perform the services: Cracking the SAT Essay Mondays: 4/6, 4/13, 4/20, 4:00 pm - 5:00 pm 9 - 12 grade 4/27 3. The number and eligibility of persons to receive tlhe service: Minimum: 1 Maximum: 5 4. Payment by the City to the Contractor for services:: 5/1/09 CLASSES WILL NOT BE HELD ON: N/A THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATION SCI~EDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED OIV THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTE=ERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.