09-001 CLAP arts, Sharon de Souza (2) AGREEI~JIENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 NO. 6
1 ~ Fiscal Year `j _9
V /
BY THIS AGREEMENT made and entered into on the 22nd1 day of January, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) CLAP arts (2) Sharon de Souza
Address: 1194 S. 8th Street City: San Jose Zip: 95112 Phone: (408) 564-6067
(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 s~arvices and/or materials:
Act One and Center Stage classes for students enrolled in 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 Acreement shall commence on February 9, 2009 and shall
be completed before June 5, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees minus a $10.00 administrative fee peer student.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold hari~nless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all co:~ts of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for ~~cts 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 Agreerrient. 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: ~ ~~TE~D
NAME: Susan Lewis DEPAF;TMENT: Parks & Recreation
This Agreement shall become effective upon its execution by c;ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
Title: C'.~~r~. Po,b-.ter Title: F;ecreation Coordinator
APPROV LS EXPENDITURE DISTRIBUTION
D A T HEAD DATE ACCOUNT NUMBER AMOUNT
~ ~ ~ 5>:10-6349-7014 $ 6,000.00
K ~ DATE
a-~o-oT ~9
EXHIBITA
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement v~~ith 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 imanner 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 applic~~ble Federal, State, and local laws and
ordinances including, but not limited to, unE~mployment insurance benefits, F.I.C.A.
laws, and the City business license ordinance.
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 CONTRACTOR2:
The contractor shall provide Act One and Center Stage classes to students enrolled in the Afterschool
Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Act One
West Valley Friday 2:10pm to 3:10 pm Ste el Room K-3
Center Sta e
Eaton Elementary Tuesday 2:35 pm to 3:3~? M/P K-5
m
West Valley Friday 2:40 pm to 3:4C? Stegel Room 3-5
m
Musical Revue
Blue Hills Elementary Wednesday 2:15 pm to 3:15 Music Room K-3
m
Blue Hills Elementary Wednesday 3:15 pm to 4:15 Music Room 3-5
m
3. The number and eligibility of persons to receive the service:
Minimum = 8
Maximum = 20
4. Payment to CONTRACTORS for services:
Payment made on 3/6/09, 4/24/09, 6/5/09.
CLASSES WILL NOT BE HELD ON: 2/16-2/20, 3/16,, 4/13-4/17, 5/22, & 5/25
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 AIND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CIiTY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408'1777-3223 • FAX: (408) 777-3366
W EBSITE: www.cul~ertino.org
CUPERTINO
February 25, 2009
CLAP Arts
Sharon de Souza
1194 S. 8~' Street
San Jose, CA 95112
To Whom It May Concern:
Enclosed for your records is a fully executed c;opy of the agreement with the City of Cupertino. If
you have any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure