13-001 Jean Hsu OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
44, as TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CUPERTINO WEBSITE:www.cupertirio.org
February 28, 2013
Re: Agreement
Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or
need additional information, please contact our office at 408-777-3223.
Sincerely,
Brittany Carey
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF
\\ / AGREEMENT 2012-2013
CITY OF CUPERTINO
10300 Torre Avenue
9s, Cupertino, CA 95014
CUPERTINO 408-777-3200 }5-7 '
THIS AGREEMENT, made and entered into this 28 day of January, 2013 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Jean Hsu,
CA 95014, (Hereinafter "CONTRACTOR"), in
consideration of their mutual covenants, the parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Teach Ballroom Dance classes, 2-hour class once a week, 4 classes per session.
Check box if services are further described in an Exhibit. n
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement shall commence on March
6, 2013 and shall be completed no later than June 30, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
The city will pay the contractor $25 per class„ $100 per session. $12.50 Annual
Administration Fee will be deducted from the first payment.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other liability
of any nature, arising out of, pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's
choice, expert fees and all other costs and fees of litigation.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
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Short Form Agreement
Agreement. Contractor certifies that no one who has or will have any financial interest under this
Agreement is an officer or employee of City. 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.
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.
Changes. No changes or variations of any kind are authorized without the written consent of the
City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Teresa Feng Mo DEPARTMENT: Cupertino Senior Center
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: [�,, CITY OF CUPERTINO:
By \ `-. BY /1-tzdzi / Af Title (,(
APPROVALS EXPENDITURE DISTRIBUTION
DEP TMEN HEAD DA ACCOUNT NUMBER AMOUNT
21/q7/..5 110-6549-6316 $400.00
Y A NEY P'• ED AS TO FORM DATA
. „ /
CITY LERK: ATTEST DATE -
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Short Form Agreement