08-001 Joanne McFarlinAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
(~ Cupertino, CA 95014
• ~~ (S "' (408) 777-3200 _~9
NO.
Fiscal Year
BY THIS AGREEMENT a and entered into on the 24day of April, 2008 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Joanne McFarlin
Address: 19285 Harleigh Drive City: Saratoga Zip: 95070 Phone (408) 867-7533
(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:
Watershed education and field studies leadership
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 April 24. 2008 and shall be
completed before June 15. 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
;18.OOlhour, not to exceed 60 hours
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: ENTERED
NAME: Barbara Banfield 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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T le: T~~~ ~~~rN"
Social Security #:
CITY OF CUPERTINO:
•~ ~~ ~~
By ~~ `~
Title: Naturalist
APPRAVAIS
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD A OUNT NUMBER AMOUNT
DATE X347-7014 $1,080.00
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EXHIBIT A
1. 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 all applicable Federal, State, and local laws and ordinances including, but not limited
to, unemployment insurance benefits, F.I.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:
Contractor will assist staff with 3'~ Grade Creek Education Program presenting information on storm water pollution,
watersheds, and riparian ecology. She will guide students in aquatic macroinvertebrate sampling and identification
2. The times and places CONTRACTOR will perform the services:
Programs will be conducted at McClellan Ranch Park, Tuesdays -Fridays, May 13 -June 6, 2008
4. Payment to CONTRACTORS for services:
Payment made on 6/6/08, 6/20/08