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AGREEMENT
CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95015
252-4505
40-0000-003-761
iudy
Judy Lomas
Not to Exceed $43,680
NO. 024154
BY THIS AGREEMENT made and entered into on the lst day of April 1991
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Judy Lomas (2)
Address _ 12437 Wnndgi rip m -i Ve City_ Saratoga _ Zip 95070 Phone 257-8 05
(Hereinafter referred 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:
Consultant for Blackberry Farm
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A — Services
Exhibit B — Special Provisions
TERMS The services and/or materials furnished under this Agreement shall commence on April 3, 1991
and shall be completed before December 31, 1991
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
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 per-
formance 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. No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. 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 CO-ORDINATOR and representative for CITY shall be:
=NAME
Michael S. O'Dowd
DEPARTMENT
Parks and Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
dAviement the day and year first written above.
CO4ATOR: CITY OF PERTINO:
By By �tc, S.TitTitle Recreation Supervi or
APPROVALS
Department Head Date City C1 U Date
White - City Clerk Copy Green F Hance Canary - Contractor's Copy Pink - Receiving Copy Goldenrod - Department Copy
ME: Judy Lomas
EXHIBIT A (services)
1. The services to be performed by CONTRACTOR:
Consultant to Recreation Supervisor as to the operation procedures
of Blackberry Farm picnic area and golf course, provide assistance
in operation of all aspects of the operation including snack shack
and caterinQs.
2. The times and places CONTRACTOR will perform the services:
Three (3) days a week at Blackberry Farm through October 31, 1991
3. The number and eligibilit,7 of persons to receive the services:
N/A
4. Fee to CONTRACTOR for services:
$ 35 per hour, not to exceed $43,680 in 1991.
Judy Lomas
EXHIBIT B (special provisions)
1. In the event that Contractor has employees who will assist in the
performance of this Agreement, Contractor shall file with City a
Certificate of Workman's Compensation Insurance and of current T.B.
test for those instructing persons 18 years and younger.
2. In the event that less than N/A persons shall request and pay for
the services prior to the agreed upon time for the commencement of
services to be performed by Contractor, upon written notice to City,
may cancel and withdraw from this Agreement.
3. 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 Contractor.
4. The Contractor shall comply with all applicable Federal, State, and local
laws and ordinances including, but not limited to, unemployemnt insurance
benefits, F.I.C.A. laws, the city business license ordinance, and a current
T.B. test for all contractors and their employees who will be instructing
persons 18 years and younger.