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10-001 Anna Lee SteedAGREEMENT CITY OF CUYERTINO 10300 Torre Avenue Cupertino, CA 95014 ~ / / ~`~ ~~ (408) 777-3200 NO. ~~ E~ 6 7 FY 09-10 BY TH GREEMENT made and entered into on the 1 s` day of January, 201 O by and between the CITY OF CUPERTINO <Hereinafter referred to as CITY) and (1) Anna Lee Steed (2) (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: Instruction of art classes. 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 January 1, 201 O and shall be completed before June 30, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $75.00 per participant enrolled in Painting for Oil :ind Acrylic or Painting with Oils and $50.00 per participant enrolled in Painting WorKshop. 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. CTTY 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: ~ E~Ea `ED NAME: Lauren Phillips DEPF~RTMENT: ParKs 8c 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: By: ~~~, ~ ~ ~~ lAi C CITY OF CUPERTIN By: Title: Recr t' n Coordinator F_XPENDITURE DISTRIBUTION T E "HEAD DATE ACCOUNT NUMBER AMOUNT ~~ . ~ . :580-6349-7014 $ 3,000.00 ' DATE /a~ ~-o / o 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 ].or 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 a~~plicable 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/he;r business to participants registered in the City's programs. EXHIBIT B (Services) 1. The services to be performed by CONTRACTOR: The contractor shall provide art classes to students. 2. The times and places CONTRACTOR will perform the services: Painting with oils Wednesda s 1 /6-1 /20 10:00 am -1 :00 m 18+ ears Painting with oils Wednesda s 2/3-2/24 10:00 am -1:00 m 18+ ears Painting with oils Wednesda s 3/3-3/17 10:00 am -1 :00 m 18+ ears Painting for oil/ Acrylic Tuesda s 4/6-4/20 6:00 m - 9:00 m 18+ ears Painting for oil/ Acrylic Tuesda s 5/4-5/18 6:00 m- 9:00 m 18+ ears Painting for oil Acrylic Tuesda s 6/1- 6/15 6:00 m- 9:00 m 18+ ears Painting for Oil Acrylic Wednesda s 4/7-4/28 9:45 am -1:00 m 18+ ears Painting for oil Acrylic Wednesda s 5/5- 5/19 9:45 am -1:00 m 18+ ears Painting for oit Acrylic Wednesda s 6/2-6/16 9:45 am -1:00 m 18+ ears Painting workshop Saturda 4/3 9:45 am -4:00 m 18+ ears Painting Workshop - Saturda 6/12 9:45 am -4:00 m 18+ ears 3. The number and eligibility of persons to receive the service: Minimum: 4 Maximum: 12 4. Payment to CONTRACTORS for services: Payments will be made on 1/21, 2/25,3/18, 4/29, 5/20, 6/17 CLASSES WILL NOT BE HELD ON: 2/17 THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED ITV THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUI~fTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UTQTIL THEIR PARENT/GUARDIAN HAS ARRIVED. CITY OF CUPERTINO PARKS AND RECREATION DEPARTMENT / 10185 NORTH STELLING ROAD CUPERTINO CA, 95014 CUPERTINO ADDENDUM to contract # 56642- Anna Lee Steed To: City Clerk From: Lauren Phillips, Cupertino Parks and Recreation Department Date: February 16, 2010 Re: Addendum to existing contract Contractor, Anna Lee Steed's Painting with Oils class will require a 6 person minimum for the following scheduled dates: # 40438 Painting with Oils Wednesdays .3/3 -3/17 # 40944 Painting with Oils Tuesdays 4/6 -4/20 # 40945 Painting with Oils Tuesdays 5/4 -5/18 # 40946 Painting with Oils Tuesdays 6/1 # 40950 Painting with Oils Wednesdays 4/7 -4/28 # 40951 Painting with Oils Wednesdays 5/5 -5/19 # 40952 Painting with Oils Wednesdays 6/2 -6/16 # 40947 Painting Workshop Saturday 4/3/2010 # 40948 Painting Workshop Saturday 6/12/2010 Note: The terms of this addendum supersedes the pre-existing terms. All other terms in the existing contract # 56642 remain intact. City o Cupertino: _ Contractor: By: Alb / / i 4,fi■ By: �� I / Tit - ' - reation Coor:' nator Title: . / '4 a , , 40- <______, Title: Recreation Supervisor (/ 2 -z �� y° STAPP aO %Z-) -8 crtet‹ , cii 9J --006 31- 3 - YX;