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11-001 Roy L. RobinsonCITY OF a AGREEMENT FY 2011-2012 CUPERTINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 BY THIS AGREEMENT, made and entered into on the day of by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Roy L. Robinson; (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 Bridge class, 2 hour per week, 3 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 January 2, 2012 to June 30,2012 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $20 per student with minimum of 1 O students per session. $25 Annual Administration Fee will be deducted from the first payment. 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 trans,ferred 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: NAME: Teresa Feng Mo DEPARTMENT: Senior Center 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. CONT,,TOR By~f,fiA~~ Title ~;<t. "'e f..,,,., CITY OF CUPERTINO: ""- By Ti4Y.t ~ OJ_ e Title: Recreation COOdinator Soc. Sec.# or Tax l.D EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 110-6549-6316 $600 I/ 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.