08-001 Cosette Viaud (2)AGREEMENT
CITY OF CUPEF;TINO
10300 Torre Avenue
Cupertino, CA 95014 (~~ ~~
(408) 777-3200 NO. ~ /
\ l ~ ~ Fiscal Year
V ~
BY THIS AGREEMENT made and entered into on the 15th day of September, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Cosett.e Viaud (2Z
Address: 235 Carlester Drive City: Los Gatos Zip: 95032 Phone (408) 356-1014
(Hereinafter referred to as CONTRACTOR), in consideration oi` their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Ceramics 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 October 15, 2008 and shall
be completed before February 6, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, not to exceed $60.00 per class
Reimbursement of fees for books, supplies and tapes if necessary.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harrriless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all cosi:s of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for a~;ts 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 <~uthorized 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
ENT
DEPARTMENT: Parks 8~ 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:
Title: ~~y ~~~
Social Security #: ~`\~D "~ 3 ~ 3~7
CITY OF CUPERTINO:
C -
By: ~~~ ~ .~,.
Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
~ _ ~ ~- 5>:10-6349-7014
DATE _ ~
~~n
$ 5,000.00
EXHIBII~ 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 instr~.acting persons 18 years and younger,
provide fingerprint clearance and current T.E3. 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, C:ity 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 C~~ntractor.
5. The Contractor shall comply with all applicak~le 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 (SE:rvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Spanish classes to students enrolled in the Afterschool Enrichment
Program.
2. The times and places CONTRACTOR will perforim the services:
McAuliffe School Monda Room 7 3:45 m to 4:45 m Be inner 4-8
Quinlan Tuesda Craft Room 3:30 m to 4:30 m Be inner 1-5
Quinlan Tuesda Craft Room 4:00 pm to 5:00 pm Intermediate 2-6
Quinlan Tuesda Craft Room 4:30 m to 5:30 m Advanced 2-6
McAuliffe School Wednesda Room 7 7:45 am to 8:30 am Intermediate 6-8
Stevens Creek Wednesda Art Room 3:40 m to 4:35 m Be inner 1-5
Portal Park Thursda Park Buildin 3:45 m to 4:45 m Be inner 1-5
Portal Park Thursda Park Buildin 4:15 m to 5:15 m Intermediate 2-6
West Valle Frida Music Room 2:10 pm to 3:10 pm Be inner 1-3
West Valley Frida Music Room 2:40 pm to 3:40 pm Be inner 3-5
3. The number and eligibility of persons to receive the service:
Other classes McAuliffe classes
Minimum: 5 Minimum: 5
Maximum: 12 Maximum: 20
4. Payment to CONTRACTORS for services: Paymf~nt made on 11/7/08, 12/19/08, and 2/6/09
CLASSES WILL NOT BE HELD ON THESE DATES: 10/27, 10/31, 11/10, 11/11, 11/26, 11/27,
11 /28, 12/22, 12/23, 12/24, 12/25, 12/26, 12/29, 12/30, 12/31, 1 /1 /09, 1 /2/09, & 1 /19/09
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.