11-001 Dragonfly DesignsAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
FY 11-12
made and entered into on the 151 day of July, 2011 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and {l)Dragonfly Designs (Here
in after 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: Jewelry Design 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, 2011 and shall be completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
3-hour class: $ 38.00 per student
2-hour class: $ 30.00 per student
Youth class: $ 70.00 per student
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 COORDINATOR and representative for CITY shall be: '1J ENTERED
NAME: Lauren Phillips DEPARTMENT: Parks & 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:
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APPROVALS EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
580-6349-7014 $40,000.00
EXHIBIT A
.L, 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
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 a'll applicable Federal, State, and local laws and ordinances including, but not limited to,
unemployment insurance benefits, F.l.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 jewelry design classes.
2. The times and places CONTRACTOR will perform the services:
Please refer to the City of Cupertino recreation brochure.
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 24
4. Payment by the City to the Contractor for services: payments processed one week after the end of services.
CLASSES WILL NOT BE HELD ON: 07 /03/11 & 07 /04/11, 09/05/11, 11/11/11, 11/24/11 thru 11/27 /11, 12/18/11 thru 01/02/12,
02/19/12 thru 02/25/12 (optionai~winter recess), 04/15/12-04/21/12 (optional-spring break), 05/28/12.
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATION
SCHEDULE. PARTICIPANTS SHOULD NOT TAl<E PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE
TAl<ING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL
THEIR PARENT/GUARDIAN HAS ARRIVED.