09-001 Nancy WulffAGREEMENT
CITY OF CUF'ERTINO
"-"v~ 10300 Torre Avenue
3 Cupertino, Cf~ 95014 /~-/ A
~~ (408) 777 :3200 NO. S ~b~~
FY 09-10
BY THIS AGREEMENT made and entered into on the 1''t day of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Nancy Wulff
22780 Mercedes Rd. Cupertino, CA 95014 (408) 255-0752.
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following spc~cified services and/or materials:
Instruction of art 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
July 1, 2009 and shall be completed before December :31, 2009.
COMPENSATION: For the full performance of this AgrE~ement, CITY shall pay CONTRACTOR:
80% of resident fee, minus a $10.00 administration fee per participant. LJ ,~,~..
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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 evens nature, including all costs of defending any claim,
caused by or arising out of the performance of this i~greement. 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. 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 e>:ecuting this Agreement. CONTRACTOR certifies
that no one who has or will have any financial interest gander this Agreement is an officer or employee of
CITY.
Changes. This Agreement shall not be assigned or tr~~nsferred 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 CI"~Y shall be:
NAME: Lauren Phillips DEPARTMENT: Parks 8 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 at~ove.
CONTRACTOR:
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By: ~C ~1.sr-~.
Title: _ L t
Social Security #: ~-
CITY OF CUP RT ~ ,.
By:
Title: Re r ati oordinato
APPROVA S
EXPENDITURE DISTRIBUTION
RT T EAD DATE AC(:OUNT NUMBER AMOUNT
' . ~, ~. :~~- 580-6349-7014 $3,000.00
\~ q ~ DATE
c,~Jti..f'r ~ J'O`B /~
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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 AgreE~ment 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 rninimum 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 tf•ie 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 limitecl 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 (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide watercolor classes to students.
2. The times and places CONTRACTOR will perform the services:
Watercolor Fridays 9/25- 11/13 9:00 am to 12:30 pm 18+
From Drawing to watercolor Fridays 6/19-7/24 9:30 am to 12:30 pm 18+
3. The number and eligibility of persons to receivE~ the service:
Minimum: 10
Maximum: 20
4. Payment to CONTRACTORS for services:
Payments will be made on 7/27, 11/16
CLASSES WILL NOT BE HELD ON: 7/3
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 RO.`iTER 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.
CUPERTINO
July 6, 2009
Nancy Wulff
22780 Mercedes Road
Cupertino, CA 95014
To Whom It May Concern:
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 7 77-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
A copy of the fully executed agreement 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