09-001 Brent Paull~~ ¢y4-y
AGREEN[ENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-32.00
NO.~~ ~63~
FY 08-09
BY THIS AGREEMENT made and entered into on the 15` day of January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) acid (1) Brent Pau11460
(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: Photography Seminar
class.
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 Agreement shall commence on
January I, 2009 and shall be completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 per
participant, minus a $10.00 administration fee per participant. ~~j~ `~ f,
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. CITE" 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. [t is understood and agreed that this P,greement 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 CONTRACTOF: 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: Fji\~~
NAME: Lauren Phillips DEPAI:TMENT: Parks & Recreation
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.
_ Title: ec a on Coordina r
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sPPR(1VAi.C
EXPENDITURE DISTRIBUTION
lRTM T HEAD DATE ACCOUNT NUMBER AMOUNT
~~._ . ~ ~./ _ '~~~ ~~ ~. 580-6349-7014 $400.00
LE DATE
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EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice.
The Contractor may terminate 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 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, City may cancel and
withdraw form this Agreement.
4. City shall have no right of control as to tl-e manner 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 applicable Federal, State, and local laws
and ordinances including, but not 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~rvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide a photography seminar class to students.
2. The times and places CONTRACTOR will perform the services:
Photoaraphv Seminar Saturday 6/13/09 9:00 am - 1:00 pm 18 yrs +
3. The number and eligibility of persons to receive the service:
Minimum: 6
Maximum: 35
4. Payment by the City to the Contractor for services: 6/l:i/09
CLASSES WILL NOT BE HELD ON: N/A
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 C)N 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 CITY CLERK
CITY HALL
10300 TORRE AVE'VUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: wuwv.cuF~ertino.org
CUPERTINO
Apri130, 2009
Brent Paull
460 East Estate Drive
Tulare, CA 93274
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