04-001, De Anza Euphrat Museum, Diana Argabrite (2)
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
No.()fJ7JS"}c?Cf /
Fiscal Year
BY THIS AGREEMENT made and entered into on the 2nd day of January, 2004 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) De Anza Euphrat Museum (2) Diana Araabrite
Address: 21250 Stevens Creek Blvd City: Cupertino Zip: 95014 Phone: (408) 264-5464
(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:
Art instruction for the Afterschool Enrichment Program
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 Febru
be completed before Mav 28. 2004.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of final roster user fees, minus a $5.00 administrative fee per participant
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 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: Susan Lewis
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.
CITY OF CUPERTINO:
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By: c el;l'HM'r MfotiEU,,", By: __0-- ~
All-loS; ECoolPHfl-A"r
Title: P "LEC..Tl>tl.. & SLf{D<<.S. ""IASE",-"'" kA(&"'T Title: Recreation Coordinator
. OE A,J i4 - Fe'l'frt j c.c
Social Security #: LDc..J-E(;~ f'D&A.I'I t>1rrl D,.J
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6349-7014
AMOUNT
$ 15,000.00
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 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 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 provide Kinder Art, Cartooning, Drawing & Painting, Clay and Sculpture and
Cartooning and Drawing to students enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Collins School
Creekside Park
Creekside Park
Collins School
Portal Park
Portal Park
Miller Middle School
Lincoln School
Stocklmeir School
Monda
Tuesda
Tuesda
Tuesda
Wednesda
Wednesda
Thursda
Thursda
Thursda
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 25
4. Payment to CONTRACTORS for services:
Payment made on 2/27/04, 4/2/04, and 5/28/04
3:45
3:30
4:45
m
m
m
CLASSES WILL NOT BE HELD ON: 2/16, 2/17, 2/18, 2/19, 2/20, 3/12,4/19,4/20,4/21,4/22,4/23,
and 5/10
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. CONTRACTORS
ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.