09-001 JoAnn Barney (2)AGREEMENT
CITY OF CUP'ERTINO
'10300 Torre avenue
/ ~ Cupertino, CA. 950'14
~ ~ (408) 777-:3200 NO. ~~~ ~ °~
FY 09-1 O
BY THIS AGREEMENT made and entered into on the 1"` day of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) JoAnn Barney
(2) 10115 Carol Lee Dr. Cupertino, CA 95014 (408) 973-8277.
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following s~~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 31, 2009.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
80% of the resident fee, minus a $10.00 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 acts of
CONTRACTOR in pertorming services described herein.
Insurance. Should the CITY require evidence of in:>urability, 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 financial interest under this Agreement is an officer or
employee of CITY.
Changes. This Agreement shall not be assigned or trainsferred without the written consent of the CITY.
No changes or variations of any kind are authorized witF'iout the written consent of the CITY.
CONTRACT COORDINATOR and representative for CITY 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 above.
CONTRACTOR:
By: !~
Title:
Soci Security #: / - ~ d
APPROVALS
CITY OF UPERTINO: ~ EN'T'ERED
By:
Title: e a ion Coor i
EXPENDITURE DISTRIBUTION
D T EAD DATE ACCOUNT NUMBER AMOUNT
580-6349-7014 $ 1,500.00
C R DAT
1 3 ~~
0 '
EXHIBIT A
The City reserves the right to terminate 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 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 prier 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. Nevertl•ieless, 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 ~ipplicable 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 (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide art classes to students.
2. The times and places CONTRACTOR will perform the services:
Calligraphy Wednesdays 9/9- 1 O/:28 7:00 om to 9:00 om 18+ years
3. The number and eligibility of persons to receive tlhe service:
Minimum: 4
Maximum: 25
4. Payment to CONTRACTORS for services:
Payments will be made on 1 O/29
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCI-IEDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS THEY ARE LISTED OIV THE CLASS ROSTER OR SHOW PROOF OF
ENROLLMENT. ALL PARTICIPANTS AND VOLUNTE=ERS 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.
OFFICE OF THE CIT`f CLERK
CITY HALL
'10300 TORRE AVENIJE - CUPERTINO, CA 950'14-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
GUPERTINO
November 10, 2009
JoAnn Barney
10115 Carol Lee Drive
Cupertino, CA 95014
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) 777-31 1 O.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Parks & Recreation