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09-001 Renee Ramsey (3)C £"r'Y' €7 F AGREEMIENT CITY OF CUPE=RTINO 10300 Torre fwenue Cupertino, CP, 95014 ~~j~-~~ ~ O P E Rte. t ~ ~ r, /'!~ (408) 777-3200 NO.I~v `~ \v/ FY 09-1 O BY THIS AGREEMENT made and entered into on the 12th dray of June, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Renee Ramsey 408- 887-1734. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRI1s~TOR 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 8. Exhibit B TERI°dT` r T'he services and/or materials furnished under this Agreement shall commence on January 4, 2010 and shall be ccrr~r3r ed before June 30, 2010. COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR: 75% of resident fee, minus a $10.00 administration fee per participant. GENERAL TERMS AND CONDITIONS: Hofd Narrnless. 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 pertormance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services described here~r~. Insura£sce. Should the CITY require evidence of insurat~ility, 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 C;iTI' t9 U,rector of Administrative Services. Non-Discrimination. It is understood and agreed that this f~greement is not a contract of employment in the sense that the relatiar~ of master and servant exists between CITY and undersigned. At all tirries, 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 ce'tifies that no one who has or will have any financial interest under i.hrs Agreement is an officer or employee of CITY_ Gitanges. ~"his Agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variatic;n of any kind are authorized without the written consent of the CITY. Ct~fvl'RAr,;T COORDINATOR and representative for CITY shall be: NAIVt~= : i='acY£elle Sander '~ ENTERED DEF~ARTI`v1ENT: Parks ~ Recreation This F.graa_rnent shall become effective upon its execution by CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. COr`I ~ Title: bW\r~'f social :zecurity #: _.__5 bG~_ ~ ~ "'J ~7~ CIT`( OF CUPERTINO: ay: ` s~~~~~ ~ ~-.c 'c-.'~` -title: Recreation Coordinator- Rachelle Sander APPY3,QVALS R nne:: ' tier 1.XPENDITURE DISTRIBUTION 580-6349-7014 ~~la EXI-I I E31T A 1 . Tho 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 pertormance of this Agreement, Contractor shall file with City a Certificate of Worker's Corrvpensation insurance and for those instructing persons 1 8 years and younger, pro~~•ide fingerprint clearance and current T.B. test. 3. In the event that less than the required minimum number of participants shall rc~q~,rest and pay for services prior to the agreed upon time for the commencement of sE~rvices to be pertormed by Contractor, City may cancel and withdraw from this ,4grpement. 4. Cite shall have no right of control as to thr~ manner Contractor pertorms the services to be cerformed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by they Contractor. 5. _y r,~ C,ontractor shall comply with all applicable Federal, State, and local laws and orc~ir~ances including, but not limited to, unemployment insurance benefits, F.I.C.A. laws, and the City business license ordinance. 6. TYte t,~~r~tractor shall not promote his/her business to participants registered in the E':,it~~'s programs. EXHIBIT B (Services) 1. The services to be pertormed by CONTRACTOR: The contractor shall provide instruction of art classes to students enrolled in the Cupertino Parks and Recreation Department Program. 2. The times and places CONTRACTOR will perform the services: WINTER Classes My First Art Class Thursday 1/28-3/25 9:30air-10:30am 1.5Y-3Y QCC -Craft Room Thursda 1/28-3/25 10:45:am-11:45am 2Y-5Y QCC- Craft Room SPRING Classes My First Art Class Thursday 4/15- 6/3 9:30ai~n-10:30am 1.5Y-3Y QCC -Craft Room Thursda 4/15- 6/3 10:45;am-11:45am 2Y-5Y QCC- Craft Room 3. The number and eligibility of persons to receive the service: Minimum: 8 Maximum: 16 between both classes 4. Payment to CONTRACTORS for services: Payments will be made one week after the end of services. CLASSES WILL NOT BE HELD ON: 2/19. THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATIC>N SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY AR1= 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 PE\RTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.