Loading...
10-001 Molly Hardy AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777 -3200 Vq -4 ' rNO. /1 Fiscal Ye 09 BY THIS AGREEMENT made and entered into on the 4th day of June, 2010 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Molly Hardy Address: (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: Math Instruction for the summer Math 7B course EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A an • TERMS: The services and /or materials furnished under this Agreement shall commence on J • e 21 201 i and shall be completed before July 30, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Instructor shall be paid $52 per hour of instruction, not to exceed 38 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 insurablity, 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: Christine Hanel 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. APPROVALS EXPENDITURE DISTRIBUTION D P RTMENT HEA t DATE _ ACCOUNT NUMBER AMOUNT /to 580 -6349 -7014 $ 1976.00 1 CLER HATE AIL■cr 6 /.6 qz 40„ 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 Tess 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 from 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: The contractor shall instruct the Math 7B course. Curricullum to be established by the Cupertino Union School District. 2. The times and places CONTRACTOR will perform the services: June 21, 2010 -July 16, 2010, Monday- Friday at Hyde Middle School, 9:OOam- 11:OOam 3. The number and eligibility of persons to receive the service: Minimum = 8 Maximum = 20 4. Payment to CONTRACTORS for services: Payment made on July 23, 2010 or one week after the conclusion of class. CLASSES WILL NOT BE HELD ON: Monday, July 5, 2010 in observance of the Fourth of July Holiday. THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN 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 VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT /GUARDIAN HAS ARRIVED.