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09-001 Brent Paull (2)CITY OF CUPERTINO CUPERTINO PARKS AND RECREATION DEPARTMENT 10185 NORTH STEELING ROAD CUPERTINO CA, 95014 ADDENDUM to contract #56421- Brent Paull To: City Clerk From: Lauren Phillips, Cupertino Parks and Iecreation Department Date: September 14, 2009 Re: Addendum to existing contract The following class has been added to the contractual agreement for Photography Semiars through Cupertino Parks and Recreation Department: #40428 Saturday, December 5, 2009 9:00 am -1:00 pm Note: The terms of this addendum superseder the pre-existing terms. All other terms in the existing contract #56421 remain intact. City of Cu ertino: By: Title: Recreation Coordinator Title: L ~ Department Supervisor _ ~ ~E~-~y~ OFFICE OF THE CITY CLERK CITY HALL CUPERTINO September 21, 2009 Brent Paull 460 East Estate Drive Tulare, CA 93274 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupErtino.org RE: Addendum to Contract #56421 Mr. Paull: A copy of the signed addendum with the City of Cupertino is enclosed. 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 AGREEMENT CITY OF CUPERTINO 10300 Torre flvenue Cupertino, CA 95014 ~,,., ~*- ~f~ ~/~ ~ ~ (408) 777-3200 NO. ~//~J 7 V~ ~ 7 FY 09-10 BY THIS AGREEMENT made and entered into on the 151 da}~ of July, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) acid (1) Brent Pau11460 East Estate Dr. Tulare, CA 93274 (Hereinafter referred to as CONTRACTOR), in consid~;ration 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 ~~greement shall commence on July 1, 2009 and shall be completed before December 31, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 per participant, minus a $10.00 administration fee per participant. GENERAL TERMS AND CONDITIONS: '~ ~~ `~ „~,t 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, incl~zding 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 Agreerent. 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 ar,d 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 transfi;rred 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 CITE' shall be: NAME: Lauren Phillips DEPAR"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. CONT CTOR: CITY OF CUPERTIN ~ .- ~~ ~ Q By: ~~-"„~' By: Title: fULv-t.t~(L,-r Title: c ati n Coordinato -~ ~~~ APPROVALS EXPENDITURE DISTRIBUTION D A T HEAD DATE ACCOUNT NUMBER AMOUNT ~~ 58Ci-6349-7014 $400.00 E K -DATE n EXHIBIT A 1. The City reserves the right to terminates 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 fc-r 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 tree 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 app icable 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. I~~ EXHIBIT B (Services) 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: Photography Seminar Saturday 9/12/09 9:00 am - 1:00 pm 18 yrs + 3. The number and eligibility of persons to receive the ser~~ice: Minimum: 6 Maximum: 35 4. Payment by the City to the Contractor for services: 9/1~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 SCF[EDULE. 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 CLAMS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED. i~ ~~ OFFICE OF THE CnY CLERK CITY HALL 10300 TORRE AVE~JUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 W EBSITE: www.cup~~rtino.org CUPERTINO July 6, 2009 Brent Paull 460 East Estate Drive Tulare, CA 93274 To Whom It May Concern: A copy of the fully executed agreement witt-I the City of Cupertino is enclosed. 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 i ~ CITY DF CUPEf~TINO P.o. 5(~~2( Number PARTIAL RECEIPT OF MATERIALS OR SERVICES Vendor. ,~ Q~~ ~a~~~ Name Item No.. Quantity Date Received Description FINANCE USE ONLY ~ I (`~1 ~ ~ ~ X2 # V d t 1 en or a m~1 fi ~~ Invoice # P ~ Amount $ 3 2 0.0 0 Plnd-~o SUn^~~ r~~ 58o G~3yq ~~~ t A ccoun AUTHORIZATION: %~~`~ I ~' FD14 ` Vv CITY /O/F CUPERTINO PARKS AND RECREATION DEPARTMENT ~~~~ 10185 NORTH STEELING ROAD CUPERTINO C:A, 95014 CUPERTINO ADDENDUM to contract # 5 6421-- Brent Pau11 To: City Clerk Fro2n: Lauren Phillips, Cupertino Parks and Recre~ition Department Date: September 14, 2009 Re: Addendum to existing contract The following class has been added to the contractual agreement for Photography Semiars through Cupertino Parks and Recreation Depart2~nent: #40428 Saturday, December 5, 2009 9:00 am -1:00 pm Note: The terms of this addendum supersedes the ire-existing terms. All other terms in the existing contract #56421 remain intact. City of Cupertino: Contractor: By: By: Title: Recreatio2l Coordinator Ti Depart211ent Supe2°visor: ~' Cour:~e Reven ue Report with participants ~c~~ve Punted: 14-Sep-09, 02:47 PM User. laurenp Barcode Number: 39486 Status: Active/Completed Extra Extra Number Total Instructor Num Barcode Fee Adjust Fee Adjust Re>gistered Revenue Cost Net Revenue Digital Photography Seminar 001 39486 $420.00 $0.00 $0.00 $0.00 8 $420.00 $0.00 $420.00 $420.00 $0.00 $0.00 $0.00 8 $420.00 $0.00 $420.00 $420.00 $0.00 $0.00 $0.00 8 $420.00 $0.00 $420.00 ~ ~~ 2a~ 3 z~' Page: 1