11-001 Andrew Willyoung CITY OF AGREEMENT 2011 -2012
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CITY OF CUPERTINO
, 10300 Torre Avenue
. Cupertino, CA 95014 NO.
BY THIS AGREEM a and entered into this 16 day of September, 2011 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Andrew T. Willyoung ; Address:
Phone: ( (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:
Teach "Play Reading for Fun" Classes. 2 hours per week, 8 weeks per session.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and /or materials furnished under this Agreement shall commence on September 16, 2011
and shall be completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$300.00 per session, 3 sessions per year. Minimum of 10 registered students per 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: J O ENTERED
NAME: Teresa Feng Mo DEPARTMENT: Senior Center
This Agreement shall become effective upon its executigrr by CITY, in witness thereof, the parties have executed this
Agreement the
APPROVALS EXPENDITURE DISTRIBUTION
PAR ENT HEAD ATE I ACCOUNT NUMBER AMOUNT
'�%� 110-6549-6316 .*'/q//4/11
$900.00
CITY RK / k ,
Exhibit A
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 may be required to provide a one million
dollar General Liability Certificate of Insurance with
the City listed as additionally insured.
6. 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 or
service to be performed by Contractor, City may cancel
and withdraw from this Agreement.