05-001, Barbara Ash Consulting
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. tJO!JS-4-<f3.:<
FY 05-06
BY THIS AGREEMENT made and entered into on the 26th day of August 2005, by and between the
CITY OF CUPERTINO ( and Barbara Ash Consulting, 3668 Magellan
Avenue, Santa Clara, CA 95051 (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: Two-day
training in InDesign CS2.
TERMS: The services and/or materials furnished under this Agreement shall commence on September
20,2005, and shall be completed on September 27,2005.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $600
per day of instruction for 3 people plus $50 per day for each additional attendee if there are a
minimum of 7 attendees; if less than 7 attendees, compensation will be $650 per day of instruction
for 3 people plus $50 per day for each additional attendee.
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 th: ~
CONTRACT COORDINATOR and representative for CITY shall be: - LJ ENTERED
NAME: Marie Miller
DEPARTMENT: Parks and Recreation
This Agreement shall become effective upon its witness thereof, the parties have
executed this Agreement the written above.
CONTRACTOR:
CITY OF CUPERTINO:
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~: Barbara Ash ;;,. ~~ / ~
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TAX ID #: 56 ~.~ r.;g~ 7.8..:r'r
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Trese Smith, Director
AMOUNT
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