09-001 CLAP arts, Sharon de SouzaAGREEII~IENT
CITY OF CUPI=RTINO
6 10300 Torre iwenue
~ Cupertino, CA 95014 ,~~y~-~`~~
~
(408) 777-:3200 NO. ~/~'~/
~~ Fiscal Year
BY THIS AGR~FMENT made and entered into on the 15th clay of September, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) CLAP arts (2) Sharon de Souza
Address: 1194 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:
Act One, Musical Revue, 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 Agreement shall commence on October 19. 2009 and shall
be completed before February 12. 20010.
COMPENSATION: For the full performance of this Agreement, ~~ITY shall pay CONTRACTOR:
70% of final roster fees minus a $10.00 administrative fee pe r student.
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 ~~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 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 Agr~sement 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: ETERE]`'
NAME: Susan Lewis DEPARTMENT: Parks & 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:
CITY OF CUPERTINO:
O
Title: ~,.~:,~.~ Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
~N HEAD DATE ACCOUNT NUMBER AMOUNT
r ; ~-~ 580-6349-7014 $ 5,000.00
p
EXHIBIT A
1. The City reserves the right to terminate this A€;reement 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 vrho 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 ~~vithdraw 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 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.
EXHIBIT B (`services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Move and Groove and Musical Revue classes to students enrolled
in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Move and Groove
Lincoln Elementary Monday 3:30 pm to 4:30 pm M/P K-3
Musical Revue
Blue Hills Elementary Wednesda 2:15 m t~~ 3 :15 m Music Room 1-3
Creekside Park Thursda 5 :00 m t~~ 6:00 m Park Buildin 1-5
Eisenhower Elementary Friday 3 :10 m t~~ 4:10 pm GLC 1-5
3. The number and eligibility of persons to receive the service:
Minimum = 8
Maximum = 20
4. Payment to CONTRACTORS for services:
Payment made on 11/20/09, 12/18/09, and 2/12/10
CLASSES WILL NOT BE HELD ON: 10/26, 1 ]L/11, 11/25, 11/26,11/27, 12/21, 12/22,
12/23,12/24,12/25, 12/28, 12/29 12/30, 12/31, 1/l/10 & 1/18/10
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCI~EDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF
ENROLLMENT. ALL PARTICIPANTS AND VOLUN~'EERS 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 ARRI VED.
OFFICE OF THE CITI/CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupeitino.org
CUPERTINO
October 1, 2009
CLAP arts
Sharon de Souza
1194 - 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