11-001 Barbara Ash CITY OF
\riV AGREEMENT
CITY OF CUPERTINO
� �9ss 10300 Torre Avenue �7
Cupertino, 408) 777 3200 14 NO
CUPERTINO 3Y "
FY 10 -11
BY THIS AGREEMENT made and entered into on the 25th day of May, 2011 by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and Barbara Ash,
(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 services and /or materials: design of brochure template and
any associated in- person meetings.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A & Exhibit B
TERMS: The services and /or materials furnished under this Agreement shall commence on May 25, 2011 and shall be
completed before June 30, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$85 per hour.
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 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 SUPERVISOR and representative for CITY shall be: ENTERED
NAME: Tom Walters DEPARTMENT: Parks & Recreation ENTERED
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This Agreement shall become effective upon its execution by CITY. In witrigss thereof, the parties have executed this
Agreement the day and year first written above. ,�
CONTRACTOR: CITY OF CUP TINO:
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By: � 1 By:
' Title: Recreation Supervisor Tom Walters
Title: ,?2 7 u'-77 , 1
; Social Security #:
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEA >" , DATE ACCOUNT NUMBER AMOUNT
� /fb / 110 - 6265 -6111 $12,000.00
CITX6 DATE 110- 6265 -7011 $1,000.00
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EXHII3IT 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 Tess 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 from 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 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 assistance with the redesign of the Parks and Recreation Departments quarterly
brochure.