09-001 De Anza Euphrat MuseumAGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre iavenue
Cupertino, CA 95014 ~~~ / ~~~
,/(~ (408) 777-3200 NO. (~
/~~~ ~ " Fiscal Year 2~~.~
BY THIS A EEMENT made and entered into on the 22nd day of January, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) De A,nza Euphrat Museum (2) Diana Argabrite
Address: 21250 Stevens Creek Blvd City: Cupertino Zip: 95014 Phone 5408) 264-5464
(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 s~~rvices and/or materials:
Art instruction for the Afterschool Enrichment Program
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Acreement shall commence on February 9, 2009 and shall
be completed before June 5, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of final roster fees, minus a $10.00 administrative 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 every nature, including all coasts of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for :scts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurabilii.y, 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 urnlersigned. 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 COORDINATOR and representative for CITY shall be:
NAME: Susan Lewis
DEPARTMENT: Parks & Recreation
'~ ENTERED
This Agreement shall become effective upon its execution by ~:,ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: o`a.~a e. AR6RBRcTE
EKlkR,IT Min~jEurt ~ /!~T
/CE A~fA' F°dTNftL
[pot-AGES FOwNDAT-tent
By:
CITY C-FeeCUPERTI-NpO:
Title: v "` ~~"r°2 °~ A ~=s .~ s ~Ho°~S Title: Recreation Coordinator
~
APPROVALS
EXPENDITURE DISTRIBUTION
PART ENT HE DATE ACCOUNT NUMBER AMOUNT
c~ r~ 5130-6349- $ 3,500.00
CI L K DATE ~ ~~
J `~
~~~
EXHIBITA
1. The City reserves the right to terminate tf~is Agreement with 30 days notice. The
Contractor may terminate this Agreement vuith 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 manner Contractor performs the services
to be performed. Nevertheless, City may, a~t 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.
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Art for Kinders, Artist's Si:udio, Brush Painting and Calligraphy, Fine Art
Drawing, Sculpture and 3-D Design and Representati~~nal Drawing to students enrolled in the
Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Scul ture and Ceramics Monda West Valle 2:15 m to 3:15 m K-3
Drawin and Paintin Monda Blue I~ills 2:15 m to 3:15 m K-3
Scul ture and Ceramics Tuesda Faria 2:10 m to 3:10 m K-3
Drawin and Paintin Studio Tuesda CreeN;side Park 3:45 m to 5:15 m K-3
Scul ture and Ceramics Studio Wednesda Portal Park 3:45 m to 5:15 m K-3
Drawin and Paintin Thursda Lincoln 3:30 m to 4:30 m K-3
Fashion Illustration Thursda Miller 3:45 pm to 4:45 m 6-8
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 25
4. Payment to CONTRACTORS for services: Payrrient made on 3/6/09, 4/24/09, and 6/5/09
CLASSES WILL NOT BE HELD ON: 2/16-2/20, 3/16, 4/13-4/17, 5/22, & 5/25
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT
TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS 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.
OFFICE OF THE CfTY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (4081 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cu~~ertino.org
CUPERTINO
March 31, 2009
De Anza Euphrat Museum
Diana Argabrite
21250 Stevens Creek Blvd.
Cupertino, CA 95014
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) 777-3110.
Sincerely,
CITY CLERK' S OFFICE
Enclosure