10-001 Sean AbellAGREEMENT
CITY OF Cl_IPERTINO
10300 Torre Avenue
/ ~y27 Cupertino, CA 95014 ~J~~~'-~ ~J~~'-
`v/ / (408) 777-3200 NO. ~""'
Fiscal Year 09/1 O
BY THIS AGREEMENT made and entered into on the 22nd day of January, 2010 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Sean Abell (2Z
Address:
agree as
follows:
CONTRACTOR shall provide or furnish the following specified services 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 /\greement shall commence on February 22. 2010 and shall
be completed before June 4. 2010_
COMPENSATION: For the full performance of this Agreemer~t, CITY shall pay CONTRACTOR:
70% of final roster fees, 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 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 n~~t 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: ~ ~, Y i
NAME: Christine Hanel DEP,4RTMENT: 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.
C
?~
CIT/Y OF CUPERTINO:
~ -~
Title: Recreation Supervisor
APPROVALS _~,~
EXPENDITURE DISTRIBUTION
DEPARTNt NT ~ DATE ACCOUNT NUMBER AMOUNT
580-6349-70 $ 2
000.00
,
CITY E ~ D
h ~
a ~~lib y
EXHIE3IT A
1. 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 prior to the ~~greed 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 all applicable 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 ordin~~nce.
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 woodshop instruction to students enrolled in the
Afterschool Enrichment Program.
2_ The times and n1acE±s CANTROCT[7R will r~carf~rm thca scarvir_cas-
Lawson Middle Frida 3/5-5/7 Grades 6-8 3:00 pm to 4:30 pm
Lawson Middle Frida 3/19-5/7 Grades 6-8 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 3/26/10, 4/30/10,
and 5/28/10
CLASSES WILL NOT BE HELD ON: 3/15, X4/12-4/16, 5/28, and 5/31
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO
REGISTRATION PROCEDURES AS LIST"ED IN THE RECREATION SCHEDULE.
PARTICIPANTS SHOULD NOT TAKE PAINT IN THE CLASS UNLESS THEY ARE
LISTED ON THE CLASS ROSTER OR ~~HOW PROOF OF ENROLLMENT. ALL
PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARI~ICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.