04-001, PatternSoft, Inc. (2)
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
No.(JolJS-3724-
FY 03-04
BY THIS AGREEMENT made and entered into on the 4th day of November, 2002 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) PatternSoft, Inc. (2)
PO Box 524 Cupertino, CA 95014 (408)-737-2598.
(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
computer classes.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
The services and/or materials furnished under this Agreement shall commence on
April 1 , 2004 and shall be completed before June 30, 2004.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONT
70% of resident fee, minus a $5.00 administration fee per participant.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers:-agen ~nd
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:
NAME: Nancy Bennett
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:
By: 5~~' ~~.~'
Title:- V C F-D " Pcdr:e"'''~c'fV/iy..C'.
Social Security #: >-{
CITY OF CUPERTINO:
By: C?~~
Title: Recreation Coordinator
DATE
j '-Ill' () L/
DATE
3-11-0
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
580-6249-7014 $2,000.00
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day 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 TB test.
3. In the event that less than the required minimum number of participant shall request
and pay for services prior to the agreed upon time for the commencement of services
to be preformed 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, FICA
laws, and the City business license ordinance.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.
G:\NANCY\CLASSES\Instructors\EXHIBIT A.doc