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11-001 Matthew CorbalisCITY OF a CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 BY THIS AGREEMENT, made and entered into this 30th day of March, 2011i by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Matthew Corbalis; Address: (Hereinafter referred 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: Provide computer lab course instruction for adults aged 50 plus at the Cupertino Senior Center. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A; Computer Lab Classes Teaching Schedule; City of Cupertino Internet Access & Use Policy; and City of Cupertino Password Policy TERMS: The services and/or materials furnished under this Agreement shall commence on April 1, 2011 and shall be completed before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $10.00 per hour of Computer Lab Classes Instruction with minimum enrollment of 3 students per lab session. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. . GENERAL TERMS AND CONDITIONS Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, officials, employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, or judgments known or unknown, and all costs and expenses, including reasonable attorneys' fees in connection with any injury or damage to persons or property to the extent arising directly or indirectly out of any negligence, error, omission, recklessness or willful misconduct of CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in relation to the performance of services under this Agreement. Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, officials, employees, volunteers, agents or representatives. 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. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship 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 CO-ORDINATOR and representative for CITY shall be: '1J ENTERED NAME: Julia Lamy DEPARTMENT: Parks and 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 t. /ls:/-ru..t:,fo ¢"" Soc. Sec.# or Tax l.D APPROVALS EXPENDITURE DISTRIBUTION $730.00 CITY OF a CUPERTINO Exhibit A CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 1. The City reserves the right to terminate this Agreement with a 30-day notice. The contractor may terminate this Agreement with a 30-day written notice. 2. City shall have no right of control as to the manner Contractor performs the services to be performed, nor as to the content of any artistic performance. Nevertheless, City may, at any time, observe the manner in which the contractor is performing such services. 3. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, the City business license ordinance, and the provisions of federal law governing copyright protection found in Title 17 of the U.S. Code. 4. The contractor shall not promote his/her business to participants registered in the City's programs. 5. The contractor shall distribute City of Cupertino Program Evaluation Forms to each student and return completed forms to the Senior Center Front Desk. 6. The contractor may request class rosters from the senior center front desk. Only students who are on the class roster may attend the class session. CITY OF II CUPERTINO Computer Lab Classes Teaching Schedule Class Name Date Time Day ITunes 1-Apr 9 -11:15am Fri EBAY /Craigslist 7-Apr 1:45 -4:00pm Thur YouTube 21-Apr 12:15 -1:45pm Thur Microsoft 21-Apr 1:45 -4:00pm Thur Amazon 22-Apr 9 -11:15am Fri Yelp 28-Apr 1:45 -4:00pm Thur WebMD 29-Apr 9 -11:15am Fri Skype 4-May 5:15 -7pm Wed Twitter 5-May 1:45 -4:00pm Thur Wikipedia 6-May 9 -11:15am Fri YouTube 11-May 5:15 -7pm Wed Yelp 12-May 1:45 -4:00pm Thur Facebook Lab 13-May 9 -11:15am Fri Facebook Lab 18-May 5:15 -7pm Wed Google 19-May 1:45 -4:00pm Thur Ebay 20-May 9 -11:15am Fri ITunes 25-May 5:15 -7pm Wed Flickr 26-May 1:45 -4:00pm Thur Facebook Lab 1-Jun 5:15 -7pm Wed ESPN 2-Jun 1:45 -4:00pm Thur ltunes 3-Jun 9 -11:15am Fri Craigslist 8-Jun 5:15 -7pm Wed Ebay 9-Jun 1:45 -4:00pm Thur Yahoo! Finance 10-Jun 9 -11:15am Fri Yelp 15-Jun 5:15 -7pm Wed YouTube 16-Jun 1:45 -4:00pm Thur Amazon 17-Jun 9 -11:15am Fri Flickr 22-Jun 5:15 -7pm Wed Groupon 23-Jun 1:45 -4:00pm Thur Google 24-Jun 9 -11:15am Fri Ebay 29-Jun 5:15 -7pm Wed Facebook Lab 30-Jun 1:45 -4:00pm Thur OVERVIEW City of Cupertino Internet Access and Use Policy The Internet can be a very effective resource in gathering information. needed to conduct City business. For this reasqn, the City provides employees with brow~ing access to it. However, all Internet usage, albeit professional andlor personal, results in considerable challenges with security, network capacity and performance, viruses, and the potential for misuse: Accordingly, this .policy sets guidelines for using City resources in accessing the Internet that retairi its v:alue for obtaining· ~formation ~hile also assuring its appropriate use in conducting City business. Using Internet EMail. Guidelines for using Internet email are set forth separately in the City's Electronic; Communication Policy. PURPOSE OF PROVIDING INTERNET ACCESS The City's Internet connection exists solely for the purpose of conducting City business and is not intended jor personal use. Employees who want to have personal Illternet email' or access should contract for this from any number of non-profit or commercial providers and use it at · home. However, limited and. appropriate personal use of the City's Internet connection is allowed, provided that: •!• It does not occur during an employee's assigned working hours. •!• It is used in accordance with all other guidelines and restrictions set forth in this policy. USE AND ACCESS GUIDELINES Use of the City Internet Connection Good judgment and common sense should always prevail regarding the appropriate use of the City's Internet connection. Under this standard, it is not possible .to list all the allowed and prohibited uses of the City's Internet connection. However, use of the City's Internet connection for any reason is expressly prohibited under the following circumstances: •!• Compromises the integrity of the City and its business operations in any way. •!• Commits any illegal act. •!• Violates the City's Harassment or Ethics Policy. •!• Results in private gain or advantage for the employee (such as conducting business . related to economic interests outside of City employment). Specific sites that will be plocked to enhance security, capacity and performance and limit exposure t~ viruses, and risk management concerns ID.elude: . •!• Streamlining media (except City Channel's audio/video services) •!• MSN and Yahoo Messenger •!• Chat rooms •!• Adult/sexually explictt sites •!• Gambling/game sites •!• Advertisements •!• Militia sites The City reserves the right to change/add to this list at any time. Approval to Use the City's Internet Connection General Approval. Council members, full-time and part-time employees, interns or volunteers (as appropriate) are authorized to use the City's Internet connection. Monitoring Internet Use The City will prepare monthly summary reports on Internet activity, ·which will be provided to Department Heads and City Administration for their review. More detailed ad hoc Teports on Internet use for each user, including sites visited and the duration of each visit, are available to Department Heads upon request. · . . Under the State's public records disclosure laws, these reports may be subject to public disclosure. EMPLOYEE RESPONSIBILITY •!• General: Each employee should exercise good judgment in :using the Internet. Personal use should be brief and jnfrequent during work hours and limited to off-work hours or breaks whenever possible. Each employee with access to the City's Internet connection is responsible for understanding and following these guidelines. Unauthorized ·or improper use of the City's Internet connection may result in terminating access to it. Depending on the severity of the unauthorized or improper use, disciplinary action, incluc:J.ing termination piay occur .. •!• Connection Security and Passwords. Each employee has a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Employees should never share passwords with others. This is especially important since ·employees are responsible for all Internet use conducted under their user n~e. SUMMARY The use of the Internet is an important research tool for our organization. It helps us do our work in an effective and efficient mariner. However, the Internet can result in network issues. The reason for these guidelines is to ensure that common sense and organizational purpose are embodied in our Internet use and that the City is consistent with best business practices. Password Policy Effective 1-1-2011 Purpose Passwords are a critical part of information and network security. Passwords serve to protect user accounts, but a poorly chosen password, if compromised, could put the entire network at risk. As a result, all employees of the City are required to take appropriate steps to ensure they create strong, secure passwords and keep them safeguarded at all times. The purpose of this policy is to set a standard for creating, protecting, and changing passwords such that they are strong, secure, and protected. Scope This policy applies to all employees of the City of Cupertino who have or are responsible for a computer account, or any form of access that supports or requires a password, on any system that resides at any Cupertino facility, or has access to the Cupertino network Policy General: 1. Passwords must be changed every 120 days. 2. Old passwords cannot be re-used. 3. Users will be notified 2 weeks in advance of password expiration date. At this time, users will be prompted to select a new password. 4. All passwords must conform to the guidelines outlined below. Password Construction Guidelines: Passwords are used to access any number of company systems, including the network, e-mail, the Web, and applications. Poor, City passwords are easily cracked, and put the entire system at risk. Therefore, strong passwords are required. Try to create a password that is also easy to remember. 1. Passwords should not be based on well-known or easily accessible personal information. 2. Passwords must contain at least 7 characters. 3. Passwords must contain at least one uppercase letter (e.g. N) 4. Passwords must contain at least one numerical character (e.g. 5). 5. Passwords should not be based on a users' personal information or that of his or her friends, family members, or pets. Personal information includes logon I.D., name, birthday, address, phone number, social security number, or any permutations thereof. Page 1 6. Passwords should not be words that can be found in a standard dictionary (English or foreign) or are publicly known slang or jargon. 7. Passwords should not be based on publicly known fictional characters from books, films, and so on. 8. Passwords should not be based on the City's name or geographic location. For further information the Microsoft Password Checker is located at: https://www.microsoft.com/protect/fraud/passwords/checker.aspx?WT.mc_id=Site_ Link and the Microsoft Strong Password advice column is located at: http://www.microsoft.com/protect/fraud/passwords/create.aspx Password Protection Guidelines: 1. Passwords should be treated as confidential information. No employee is to give, tell, or hint at their password to another person, including IT staff, administrators, superiors, other co-workers, friends, and family members, under any circumstances. 2. If someone demands your password, refer them to this policy or have them contact the IT Division. 3. Passwords are not to be transmitted electronically over the unprotected Internet, such as via e-mail. 4. No employee is to keep an unsecured written record of his or her passwords, either on paper or in an electronic file. If it proves necessary to keep a record of a password, then it must be kept in a controlled access safe if in hardcopy form or in an encrypted file if in electronic form. 5. Do not use the "Remember Password" feature of applications. 6. Passwords used to gain access to City systems should not be used as passwords to access non-city accounts or information. 7. If an employee either knows or suspects that his/her password has been compromised, it must be reported to the IT Department and the password changed immediately. 8. The IT Department may attempt to guess users' passwords as part of its ongoing security vulnerability auditing process. If a password is guessed during one of these audits, the user will be required to change his or her password immediately. Enforcement Any employee who is found to have violated this policy may be subject to disciplinary action. Page 2 Electronic Communications Policy City of Cupertino employees have access to computers, fax machines, and other electronic communications equipment; Computer programs available to employees include e-mail, the internet, telnet, and other communications available now and/or in the future. The u~e of electronic communications equipment and/or programs 'is for the purpose of official business of the City of Cupertino. The City of Cupertino has the right to access, disclose, and monitor all electronic communications. Under no circumstances is the City's electronic communication system to be used to send copies of documents in violation of copyright laws or which access to is restricted by workplace rules, regulations, and procedures, or by Federal or State security laws or regulations. I have read this Electronic Communications Policy. I have had the opportunity to ask questions concerning this policy. My questions have been answered completely. I have received a copy of .the City of Cupertino's electronic Communications Policy. 3/so/11 Date CUPERTINO City of Cupertino Parks and Recreation Department Creating a Positive, Healthy, and Connected Community We are pleased you are an instructor at the Cupertino Senior Center. Thank you for working with us to provide excellent programs that serves about 4000 seniors monthly. We appreciate your commitment, expertise and enthusiasm. o Please remind your students to apply for their 2011 membership, which is required for attending all classes. The annual membership fee is $27.00, Cupertino Residents pay only $22.00. o Attached is a copy of the Instructor Guidelines and Agreement. Please read, sign and return to the front desk. When you turn the signed copy in, your 2011 parking permit will be issued to you. o Please give the front desk a class roster by the second-class session. We can make a copy of your roster. This is needed in case of emergencies. o If any of your students appear to be ill, please let the front desk know right away. Our staff is trained in first aid and CPR. o Please let us know your requested classroom set-up. The Facility Attendant will be setting up the tables and chairs for your room. Let us know one (1) week in advance for any special set up requirements or equipment needs. o Please give the office your daily class count. You may assign this task to one of your students. o We duplicate materials for City of Cupertino volunteer and contracted instructors. o All other instructors please see your agency for duplicating requests. o Please check at the front desk for any mail or messages. o Please let the front desk know if the room temperature is uncomfortable. PLEASE DO NOT ADJUST THE THERMOSTAT. o If the building fire alarm sounds, immediately evacuate the students in your class through the nearest exit. The assembly point will be the turf area of Memorial Park. Please remain in the assembly point area until a Senior Center staff person tells you it is safe to return to the building. Sincerely, Julia Lamy Senior Recreation Supervisor Cupertino Senior Center 21251 Stevens Creek Blvd. Cupertino, CA 95014 Phone: (408) 777-3150 www.cupertino.org/senior City of Cupertino Parks and Recreation Department Creating a Positive, Healthy, and Connected Community CUPERTINO Instructor Guidelines and Agreement The Cupertino Senior Center is dedicated to providing an array of quality programs and services that insure and enhance independence for older adults. Instructors: Please read and initial each item indicating that you agree to each condition. Educational presentations are solely to provide information. There can be no solicitation of clients or distribution of company literature, prices, or promotional materials. Each class lecture is for the dissemination of oral information only. No client service of any kind is to be rendered. Any personal contact subsequent to the presentation is prohibited unless initiated by the Cupertino Senior Center students. Political candidates understand that approved presentations must be in panel format to provide a blend of information for students. Instructors are expected to allow time during an educational session for questions from the students. --€mJ Signature of Instructor 3/&!Jllf Date Cell Phone# Print Name Class Title Phone# Email (optional) Cupertino Senior Center 21251 Stevens Creek Blvd. Cupertino, CA 95014 Phone: (408) 777-3150 www.cupertino.org/senior