09-001 Brent Paull (2)CITY OF
CUPERTINO
CUPERTINO PARKS AND RECREATION DEPARTMENT
10185 NORTH STEELING ROAD
CUPERTINO CA, 95014
ADDENDUM to contract #56421- Brent Paull
To: City Clerk
From: Lauren Phillips, Cupertino Parks and Iecreation Department
Date: September 14, 2009
Re: Addendum to existing contract
The following class has been added to the contractual agreement for Photography
Semiars through Cupertino Parks and Recreation Department:
#40428 Saturday, December 5, 2009 9:00 am -1:00 pm
Note: The terms of this addendum superseder the pre-existing terms. All other terms in
the existing contract #56421 remain intact.
City of Cu ertino:
By:
Title: Recreation Coordinator
Title:
L ~
Department Supervisor _ ~ ~E~-~y~
AGREEMENT
CITY OF CUPERTINO
10300 Torre flvenue
Cupertino, CA 95014 ~,,., ~*- ~f~
~/~ ~ ~ (408) 777-3200 NO. ~//~J 7
V~ ~ 7 FY 09-10
BY THIS AGREEMENT made and entered into on the 151 da}~ of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) acid (1) Brent Pau11460 East Estate Dr. Tulare, CA
93274 (Hereinafter referred to as CONTRACTOR), in consid~;ration of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Photography Seminar
class.
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 ~~greement shall commence on
July 1, 2009 and shall be completed before December 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 per
participant, minus a $10.00 administration fee per participant.
GENERAL TERMS AND CONDITIONS: '~ ~~ `~ „~,t
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, incl~zding 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 Agreerent. 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 ar,d 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 transfi;rred 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 CITE' shall be:
NAME: Lauren Phillips DEPAR"TMENT: 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.
CONT CTOR: CITY OF CUPERTIN ~ .-
~~ ~ Q
By: ~~-"„~' By:
Title: fULv-t.t~(L,-r Title: c ati n Coordinato
-~ ~~~
APPROVALS
EXPENDITURE DISTRIBUTION
D A T HEAD DATE ACCOUNT NUMBER AMOUNT
~~ 58Ci-6349-7014 $400.00
E K -DATE n
EXHIBIT A
1. The City reserves the right to terminates 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 fc-r 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 tree 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 app icable 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.
I~~
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide a photography seminar class to students.
2. The times and places CONTRACTOR will perform the services:
Photography Seminar Saturday 9/12/09 9:00 am - 1:00 pm 18 yrs +
3. The number and eligibility of persons to receive the ser~~ice:
Minimum: 6
Maximum: 35
4. Payment by the City to the Contractor for services: 9/1~I/09
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCF[EDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF
ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE
FOR SUPERVISING PARTICIPANTS AFTER CLAMS UNTIL THEIR PARENT/GUARDIAN HAS
ARRIVED.
i~ ~~
CITY /O/F CUPERTINO PARKS AND RECREATION DEPARTMENT
~~~~ 10185 NORTH STEELING ROAD
CUPERTINO C:A, 95014
CUPERTINO
ADDENDUM to contract # 5 6421-- Brent Pau11
To: City Clerk
Fro2n: Lauren Phillips, Cupertino Parks and Recre~ition Department
Date: September 14, 2009
Re: Addendum to existing contract
The following class has been added to the contractual agreement for Photography Semiars
through Cupertino Parks and Recreation Depart2~nent:
#40428 Saturday, December 5, 2009 9:00 am -1:00 pm
Note: The terms of this addendum supersedes the ire-existing terms. All other terms in the
existing contract #56421 remain intact.
City of Cupertino: Contractor:
By: By:
Title: Recreatio2l Coordinator Ti
Depart211ent Supe2°visor: