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09-001 Anna Lee SteedCITY OF CUPERTINO PARKS AND RECREATION DEPARTMENT ~~' 10185 NORTH STF',LLING ROAD E CUPERTINO CA, 95014 CUPERTINO ADDENDUM to contract # 56514- Anna Lee Steed To: City Clerk From: Lauren Phillips, Cupertino Parks and Recreation Department Date: September 7, 2009 Re: Addendum to existing contract Contractor, Anna Lee Steed will be paid $75.00 pear participant for the following courses: # 39482 Painting with Oils Wednesdays 11/4-11/25/09 Note: The terms of this addendum supersedes the Ire-existing terms. All other terms in the existing contract # 56514 remain intact. City of C ertino: _ Contractor: P x ~ ~ ~ ~~~ B ~ J Title: Recreation Supervisor OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.GUpe~tino.org CUPERTIINO October 12, Anna Lee St ed 240 Stapp R ad Boulder Cre k, CA 95006 To Whom It allay Concern: A copy of a dendum to Contract #56514 ~niith 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 CLER 'S OFFICE Enclosure cc: Parks & R creation l~-I 43 ~ a AGREENIENT CITY OF CUPS=RTINO 10300 Torre f~venue Cupertino, CA 95014 (408) 777-:9200 NO. f~~~b~l FY 09-10 BY THIS AGREEMENT made and entered into on the 15t day of July, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Anna Lee Steed (2) 240 Stapp Road, Boulder Creek, CA 95006. (Hereinafter referred to as CONTRACTOR), in consider~~tion of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following sK~ecified services and/or materials: Instruction of art classes. 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 July 1, 2009 and shall be completed before December :11, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $105.00 per participant. GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and, Bold 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. 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 obligation:; in executing this Agreement. CONTRACTOR certifies that no one who has or will have any financi~31 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 CI"fY 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 ai~ove. CONTRACTOR: By: ~~ ~Q- /J~~-~I' Title:~i 2 i tSi AI~RO,VALS CITY OF TINO: - By: Title: ecr a 'on Coordi for EXPENDITURE DISTRIBUTION A M NT HEAD DATE ACCOUNT NUMBER AMOUNT 580-6349-7014 ..,-- $ 1,500.00 -~ ~// ppTE ~ ~ / J- ~ U EXHIBI~TA 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 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 Agreerent. 4. City shall .have no right of control as t~o the manner Contractor performs the services to be performed. NevertP~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 2~pplicable 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~arvices) 1. The services to be performed by CONTRACTOR: The contractor shall provide art classes to students. Z. The times and places CONTRACTOR will perform the services: Painting with Oils Wednesda s 9/9- 9/23 10:00 am -1:00 m 18+ ears Painting with Oils Wednesda s 10/7- 1 C)/21 10:00 am -1:00 m 18+ ears Painting with Oils Wednesda s 11/4- 11/25 10:00 am -1:00 m 18+ ears 3. The number and eligibility of persons to receive the service: Minimum: 4 Maximum: 12 4. Payment to CONTRACTORS for services: Payments will be made on 9/25, 10/23,11/31 CLASSES WILL NOT BE HELD OIV: 11/11 THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN TH1= RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS TFIEY ARE LISTED OIV THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPAI~TS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKIN~~ 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 AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cu~~ertino.org CUPERTINO July 21, 2009 Anna Lee Steed 240 Stapp Road Boulder Creek, CA 9500E3 To Whom It May Concern: 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