09-001 Sean Abell~~~~~~
AGREEI~~ENT
CITY OF CUPE_RTINO
10300 Torre F~venue
Cupertino, CA 95014
(408) 777-<I200
Fiscal Year
BY THIS AGREEMENT made and entered into on the 18th clay of September, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Seam Abell (2~
Address: 5011 Capistrano Avenue City: San Jose Zip: 95129 Phone (408) 244-6920
(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 sE~rvices and/or materials:
Introductory Woodshop instruction for the Afterschool Enrichment Program
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 October 19, 2009 and shall
be completed before February 12, 20010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, minus a $10.00 administrative fee p~:r participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold hari~nless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all co:~ts of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for ~~cts 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 Agreerrlent. 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 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:
NAME: Susan Lewis DEPARTMENT: Parks 8~ Recreation
This Agreement shall become effective upon its execution by ~;,ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY C-F CUPERTINO:
By: S~ By: ~w~,.,~ C1•e~..~
Title: ~~~~~~!~ Title: Recreation Coordinator
Social Security #: ~~~ -c'1 c`'J " G~~l ~~
AP ROV
EXPENDITURE DISTRIBUTION
D T E EAD DATE ACCOUNT NUMBER AMOUNT
• ~ `~ ~' 5.30-6349- $ 2,000.00
CITY ERK + 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 v~~ith a 30-day written notice.
2. In the event that the contractor has employE~es 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, ~~ity 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, a~t any time, observe the manner in which
such services are being performed by the Contractor.
5. The Contractor shall comply with all applic~~ble Federal, State, and local laws and
ordinances including, but not limited to, unE~mployment 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 Introductory Woodshop Instruction to students enrolled in the Afterschool
Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Lawson Middle School Tuesday October 27 to December 15 3:00 pm to 4:30 pm
Lawson Middle School Friday October 23 to January 15 3:00 pm to 4:30 pm
3. The number and eligibility of persons to receive: the service:
Minimum: 10
Maximum: 32
4. Payment to CONTRACTORS for services:
Payment made on 11/20/09, 12/18/09, and 2/12/10
CLASSES WILL NOT BE HELD ON THESE DATES: 11/26, 12/23 & 12/30.
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 t_ISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AID VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITI' CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupeitino.org
CUPERTINO
October 29, 2009
Sean Abell
5011 Capistrano Avenue
San Jose, CA 95129
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 informaticm, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Parks & Recreation