09-001 Communications Academy (3)~1,z8'7/
AGREEP~IENT
CITY OF CUPI=RTINO
10300 Torre ~~venue
Cupertino, CA 95014
(408) 777-3200
Fiscal Year 09-10
BY THIS AGREEMENT made and entered into on the 17th day of June, 2009 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Communication Academy (2) Jackson Chow
Address: 7337 Bollinger Road Suite Suite E City: Cupertino Zip: 95014 Phcne (408) 777-8804
(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:
Instruction of public speaking classes, debate classes, and writing classes.
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 July 1, 2009 and shall be
completed before December 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of the resident fee, minus a $10.00 administrative fee p~:r participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harirless 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 ~jcts 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 Agreerr~ent. 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 transferrecl 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: ~jNTER~~
NAME: Susan Lewis DEPAF;TMENT: 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:
,,
By:
Title: ~ ~P ~ S ~l .f~ ~ [`(T-
APPROVALS
CITY OF CUPERTINO:
By: a~.•~..l~a.,~
Title: F;ecreation Coordinator
EXPENDITURE DISTRIBUTION
DE A TMENT HEAD DATE ACCOUNT NUMBER AMOUNT
5E10-6349-7014 $ 25,000.00
LER '' / p DATE
EXHIBITA
1. The City reserves the right to terminate tl~is 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 i~nanner 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~ible 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.
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 Pre-public speaking, public speaking, debate and writing classes to
students enrolled in the Cupertino Parks and Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
Summer Camps
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y
Confident Self Cam 6/15 to 6/19
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y
Confident Self Cam 7/6 t 7/10
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y
Confident Self Cam 7/20 to 7/24
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y
Confident Self Cam 8/3 to 8/10
Pre-Public Speaking: Monday to Friday 1:30 pm to 4:00 pm 5-6Y
Confident Self Cam 8/10 to 8/14
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 7-8Y
Confident Self Cam 7/27 to 7/31
Pre-Public Speaking: Monday to Friday 1:30 pm to 4:00 pm 7-8Y
Confident Self Cam 8/3 to 8/7
Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 7-8Y
Confident Self Cam 8/10 to 8/14
Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 8-9Y
Book Club Cam 6/22 to 6/26
Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 8-9Y
Book Club Cam 8/10 to 8/14
Academic Reading & Vocabulary Monday to Friday 1:00 pm to 4:00 pm 10-11Y
Book Club Cam 6/15 to 6/19
Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 10-11Y
Book Club Cam 7/20 to 7/24
Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 12-14Y
Book Club Cam 7/27 to 7/31
Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 10-11Y
Journalism Cam 6/22 to 6/26
Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 10-11Y
Journalism Cam 8/10 to 8/14
Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 12-114Y
Journalism Cam 7/20 to 7/24
Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y
Creative Inter retation Cam 6/15 to 6/19
Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y
Creative Inter retation Cam 7/13 to 7/17
Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 9-11Y
Creative Inter retation Cam 7/20 to 7/24
Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 9-11Y
Creative Inter retation Cam 8/10 to 8/14
Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y
Creative Inter retation Cam 7/20 to 7/24
Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y
Creative Inter retation Cam 8/3 to 8/7
Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 11-14Y
Creative Inter retation Cam 8/10 to 8/14
Public Speaking Club: Monday to Friday 1:30 pm to 4:30 pm 14-17Y
Creative Inter retation Cam 7/6 to 7/10
Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 14-17Y
Creative Inter retation Cam 7/20 to 7/24
Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 9-11Y
Student Con ress Debate Cam 7/13 to 7/17
Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y
Student Con ress Debate Cam 7/27 to 7/31
Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y
Student Con ress Debate Cam 8/10 to 8/14
Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 11-14Y
Student Con ress Debate Cam 6/22 to 6/26
Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 11-14Y
Student Con ress Debate Cam 7/6 to 7/10
Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 11-14Y
Student Con ress Debate Cam 7/20 to 7/24
Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y
Student Con ress Debate Cam 7/27 to 7/31
Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y
Student Con ress Debate Cam 8/10 to 8/14
Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 14-17Y
Student Con ress Debate Cam 7/13 to 7/17
Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 14-17Y
Student Con ress Debate Cam 8/3 to 8/7
Summer Classes
Pre-Public S eakin -Confident Monda , 6/22 to 7/27 4:45 m to 6:40 m 5-6Y
Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 9:00 am to 10:55 am 5-6Y
Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 1:00 m to 2:55 m 5-5Y
Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 11:00 am to 12:55 m 7-8Y
Academic Writing -Journalism Tuesda , 6/23 to 7/28 4:45 m to 6:40 m 8-9Y
Academic Writing -Journalism Saturday, 6/20 to 8/1 9:00 am to 10:55 am 8-9Y
Debate/Critical Thinkin Saturda , 6/20 to 8/1 1:00 m to 2:55 m 9-11Y
Debate/Critical Thinkin Tuesda , 6/23 to 7/28 5:00 m to 6:55 m 11-14Y
Debate/Critical Thinkin Saturda , 6/20 to 8/1 3:00 m to 4:55 m 11-14Y
Public S eakin - CI Saturda , 6/20 to 8/1 9:00 am to 10:55 am 9-11Y
Public S eakin - CI Monda , 6/22 to 7/27 4:45 m to 6:40 m 11-14Y
Public S eakin - CI Saturda , 6/20 to 8/1 11:00 am to 12:55 am 11-14Y
SAT Critical Reading Monday, 6/22 to 8/1 4:45 m to 6:00 m 14-17Y
SAT Writing Series Friday, 6/26 to 8/7 4:45 m to 6:45 m 14-17Y
Fall Classes
Pre-Public S eakin Club: Confident Tuesda , 9/22 to 11/24 4:00 m to 5:00 m 5-6Y
Pre-Public S eakin Club: Confident Saturda , 9/1!a to 11/21 9:00 am to 10:00 am 5-6Y
Pre-Public S eakin Club: Confident Saturda , 9/1Sa to 11/21 3:30 m to 4:30 m 5-6Y
Pre-Public S eakin Club: Confident Tuesda , 9/22 to 11/24 5:15 m to 6:15 m 7-8Y
Pre-Public S eakin Club: Confident Saturda , 9/20 to 11/22 10:15 am to 11:15 am 7-8Y
Pre-Public S eakin Club: Confident Saturda , 9/2() to 11/22 4:45 m to 5:45 m 7-8Y
Public S eakin Club: Informative Wednesda , 9/113 to 11/25 3:45 m to 5:15 m 9-11Y
Public S eakin Club: Informative Saturda , 9/19 to 11/21 2:45 m to 4:15 m 9-11Y
Public S eakin Club: Informative Wednesda , 9/113 to 11/11 5:20 m to 6:50 m 11-14Y
Public S eakin Club: Informative Saturda , 9/19 to 11/21 1:00 m to 2:30 m 11-14Y
Debate/Critical Thinkin Club: Team Thursda , 9/17 t~~ 11/19 4:00 m to 5:00 m 9-11Y
Debate/Critical Thinkin Club: Team Saturda , 9/19 to 11/21 2:45 m to 3:45 m 9-11Y
Debate/Critical Thinkin Club: Team Thursda , 9/17 t~~ 11/19 5:15 m to 6:45 m 11-14Y
Debate/Critical Thinkin Club: Team Saturda , 9/17 to 11/19 1:00 m to 2:30 m 11-14 Y
Academic Reading and Star Saturday, 9/19 to 11/21 1:00 pm to 2:30 pm 8-9 Y
Pre Series: Narrative
Academic Reading and Star Saturday, 9/19 to 11/21 2:45 pm to 4:15 pm 10-11 Y
Pre Series: Narrative
Academic Reading and Star Saturday, 9/19 to 11/21 4:00 pm to 5:30 pm 12-14Y
Pre Series: Narrative
Academic Writin & Star Pre Wednesda , 9/16 to 11/25 4:05 m to 5:05 m 6Y
Academic Writin & Star Pre Saturda , 9/19 to 11/21 1:00 m to 2:00 m 6Y
Academic Writin & Star Pre Wednesda , 9/16 to 11/25 5:10 m to 6:20 m 71~"
Academic Writin & Star Pre Saturda , 9/19 to 11/21 2:15 m to 3:15 m 7Y
Academic Writin & Star Pre Wednesda , 9/16 to 11/25 4:00 m to 5:30 m 8-9Y
Academic Writin & Star Pre Saturda , 9/19 to 11/21 9:00 am to 10:30 am 8-9Y
Academic Writin & Star Pre Thursda , 9/17 to 11/1~a 4:00 m to 5:30 m 10-11Y
Academic Writin & Star Pre Saturda , 9/19 to 11/21 1:00 m to 2:30 m 10-11Y
Academic Writin & Star Pre Wednesda , 9/16 to 11/25 5:35 m to 7:05 m 12-14Y
Academic Writin & Star Pre Saturda , 9/19 to 11/21 10:45 am to 12:15 am 12-14Y
After School Care Tuesda , 9/22 to 11/24 3:00 m to 6:00 m 5-14 Y
After School Care Wednesda , 9/16 to 11/25 3:00 m to 6:00 m 5-14 Y
After School Care Thursda , 9/17 to 11/19 3:00 m to 6:00 m 5-14 Y
Free Demonstrations Saturda , 8/29/09 1:30 m to 2::.0 m Communication Academ 5-17 Y
Free Demonstrations Saturda , 9/5/09 4:00 m to 5:Ci0 m Communication Academ 5-17 Y
Free Demonstrations Saturda , 9/12/09 1:30 m to 2::.0 m Communication Academ 5-17 Y
Winter Break Camps
Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 6Y
Academic Writin & Star Pre Monda to Thursda ,1 x:/28 to 12/31 9:30 am to 12:00 m 6Y
Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 7Y
Academic Writin & Star Pre Monda to Thursda ,1 x:/28 to 12/31 9:30 am to 12:00 m 7Y
Academic Writin & Star Pre Monda to Thursda ,1:/21 to 12/24 9:30 am to 12:00 m 8-9Y
Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 8-9Y
Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 10-11Y
Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 10-11Y
Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 12-14Y
Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 12-14Y
Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 5-6Y
Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 5-6Y
Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 5-6Y
Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 7-8Y
Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 9-11Y
Public S eakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 9-11Y
Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 11-14Y
Public S eakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 11-14Y
Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 12-14Y
Public Speakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 12-14Y
Academic Writing & Star Prep Monday to Thursday,1~~/21 to 12/24 9:30 am to 3:00 pm 6Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,1 ~?/28 to 12/31 9:30 am to 3:00 pm 6Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,1~'/21 to 12/24 9:30 am to 3:00 pm 7Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,1 x'./28 to 12/31 9:30 am to 3:00 pm 7Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,1~'_/21 to 12/24 9:30 am to 3:00 pm 8-9Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,17./28 to 12/31 9:30 am to 3:00 pm 8-9Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,1 x'/21 to 12/24 9:30 am to 3:00 pm 10-11 Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,12./28 to 12/31 9:30 am to 3:00 pm 10-11 Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,12/21 to 12/24 9:30 am to 3:00 pm 12-14Y
and Public S eakin Full Da
Academic Writing & Star Prep Monday to Thursday,12./28 to 12/31 9:30 am to 3:00 pm 12-14Y
and Public S eakin Full Da
3. The number and eligibility of persons to receive the service:
Minimum: 4
Maximum: 6
4. Payment to CONTRACTORS for services:
Payment made on 7/17/09, 8/21 /09, 12/4/09 and 1 /8/x:010.
CLASSES WILL NOT BE HELD ON: 7/3, 11/11, 12/24, 12/25, 12/31, 1/1
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 COMPLI=TE 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.
CUPERTINO
July 6, 2009
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) .77-3223 • FAX: (408) 777-3366
WEBSITE: wvwv.cupe~rtino.org
Communication Academy
Jackson Chow
7337 Bollinger Road, Suite E
Cupertino, CA 95014
To Whom It May Concern:
A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have
any questions or need additional informati~~n, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure