01-081 De Anza Euphrat MuseumAGREI=MENT ~~
CITY OF CUPERTINO
clt~, ~ ~~ 10300 Torre Avenue
Cupertin ~~ Cu 408 777C 200 14 NO. ~~~~ / "~
BY THIS AGREEMENT made and entered into on the _ 18th day of September 1~ 2 0 01
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name(1)De Anza Euphrat Museum (2) Diana ArQabrite
Address 21250 Stevens Creek BLVDCity Cupertino Zip 95014 Phone 864-5464
(Hereinafter referred 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:
Art Instruction for the Afterschoo7_ Enrichment Program.
EXHIBITS: The following attached exhibits hereby are m~~de part of this Agreement:
A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on October 8 , 2 0 0 1
and shall be completed before February 1 , 200
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of final roster user fees, minus a $ 5.00 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 costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for ~rcts 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. No discrimination shall be made in the employment of persons under this Agreement because
of the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. 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 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 CO-ORDINATOR and representative for CII~Y shall be:
NAME Susan Lewis __ DEPARTMENTParks and 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.
CONTRACTOR: ~® ~--+e
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CITY OF CUPERTINO:
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Recreation Coordinator
I.XPENDITURE DISTRIBUTION
DEPART NT HEA ATE ACCOUNT NUMBER AMOUNT
~~ 23 d~ 580-6349-7014 $ 30,000.0
CITY E K , D TE
CITY CLI=RK COPY
EXHIl3IT A
1. The City reserves the right to termi~zate this Agreement with 30 days
notice. The Contractor may terminate this Agreement with a 30day
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 the 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 ail applicable Federal, State, and local
laws and ordinances including, but riot 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 (Services)
1. The services to be performed by CONTI[tACTOR:
The contractor shall provide Sculpture, Clay, and 3-D Design and Cartooning, Drawing
and Painting to students enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Eaton Cartooning, Drawing and Painting Monday
Portal Park Cartooning, Drawing and Painting 1~londay
Portal Sculpture, Clay and 3-D Design Monday
Collins Cartooning, Drawing and Painting Tuesday
Cupertino Sculpture, Clay and 3-D Design Tuesday
McAuliffe Sculpture, Clay and 3-D Design Tuesday
Collins Sculpture, Clay and 3-D Design Wednesday
McAuliffe Cartooning, Drawing and Painting Wednesday
Miller Sculpture, Clay and 3-D Design Wednesday
Lincoln Sculpture, Clay and 3-D Design Thursday
Stocklmeir Cartooning, Drawing and Painting Thursday
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 25
4. Payment to CONTRACTORS for services:
Payment made on 10/19/01, 12/14/01, and 1/25/02
4:00-5:00 p.m.
3:00-4:00 p.m.
4:15-5:15 p.m.
2:35-3:35 p.m
2:55-3:55 p.m.
2:05-3:05 p.m.
3:40-4:40 p.m.
2:40-3:40 p.m.
3:20-4:20 p.m.
3:40-4:40 p.m.
2:45-3:45 p.m.
CLASSES WILL NOT BE HELD ON: 10/15,10/16,10/17,10/18,10/19,10/22,10/23,
11 / 12,11 /21,11 /22,11 /23,12/24,12/25,12/26,1:?/27,12/28,12/31,1 / 1,1 /2,1 /3,1 /4,1 /21
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 SI:~OW PROOF OF ENROLLMENT. ALL
PARTICIPANTS AND VOLUNTEERS NF;ED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKI:vG PART IN THE PROGRAM.
CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS
AFTER CLASS UNTIL THEIR PARENT~GUARDIAN HAS ARRIVED.
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