09-001 CLAP arts (2)AGREE~JIENT
CITY OF CUPI=RTINO
10300 Torre Avenue
Cupertino, CA 95014 ,v- Q
A ' (408) 777-:3200 NO. t~~J ~~/
}~ `'j' Fiscal Year o9 I 1 O
BY THIS AGR EMENT made and entered into on the 17t1i day of June, 2009 by and between the CITY OF
CUPER'TINO, CA (Hereinafter referred to as CITY) and (1) CLAP arts (2) Sharon DeSouza
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 services and/or materials:
Instruction of performing arts classes.
EXH1611fS: 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, ~;.ITY shall pay CONTRACTOR:
75% of 11he resident fee, minus a $10.00 administrative fee pt:r participant
GENERAL TERMS AND CONDITIONS:
Hold Halrmless. 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 co;~ts of defending any claim, caused by or arising out of the
performance 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. 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 Df the CITY.
CONTRACT COORDINATOR and representative for CITY shali be: ~ ~1~~~, ~~
NAME: Susan Lewis DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this
Agreemf~nt the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
0
By: e~~ :emu By: S.~,oa,., 4
Title: O~~L Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
TMENT HEAD DATE ACCOUNT NUMBER AMOUNT
580-6349-7014 $ 15,000.00
-ERIC t DATE
j.
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EXHIBITA
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement ~niith 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, ~~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, a1r any time, observe the manner in which
such services are being performed by the Contractor.
5. The Contractor shall comply with all applicable 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.
EXH I BIT B (;services)
1. The services to be performed by CONTRACTOR2:
The contractor shall provide performing arts classes to students enrolled in the Cupertino Parks and
Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
Summer Programs
Dance, Act, Perform Monday to Friday 1:30 pir to 4:30 pm 6-12 Y MVRC Room 1
6/15 to 6/19
Musical Revue Monday to Thursday 1:30 pig to 4:30 pm 6-12 Y MVRC Room 1
6/29 to 7/2
Hogwarts Camp Monday to Friday 1:30 pir to 4:30 pm 6-12 Y MVRC Room 1
7/6 to 7/10
Center Stage Camp Monday to Friday 1:30 on to 4:30 pm 6/12 Y MVRC Room 1
7/13 to 7/17
Hogwarts Camp Monday to Friday 1:30 pir to 4:30 pm 6-12 Y MVRC Room 1
7/20 to 7/24
Get Up and Dance Monday to Friday 1:30 pig to 4:30 pm 6-12 Y MVRC Room 1
7/27 to 7/31
Dance, Act, Perform Monday to Friday 1:30 pir to 4:30 pm 6-12Y MVRC Room 1
8/3 to 8/7
Hogwarts Camp Monday to Friday 1:30 pin to 4:30 pm 6-12 Y MVRC Room 1
8/10 to 8/14
Princess Ballerina Monday to Wednesday 10:00 ;gym to 12:00 pm 6-9 Y MVRC Room 1
8/17 to 8/19
3. The number and eligibility of persons to receivE: the service:
Minimum: 8
Maximum: 20
4. Payment to CONTRACTORS for services:
Payment made on 7/24/09 and 8/21/09
CLASSES WILL NOT BE HELD ON: N/A
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 AID VOLUNTEERS NEED TO COMPLETE 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.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVE~'UE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) -~77-3223 • FAX: (408} 777-3366
WEBSITE: www.cupe~rtino.org
CUPERTINO
July 6, 2009
CLAP arts
Sharon DeSouza
1194 S. 8th Street
San Jose, CA 95112
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 information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure