10-001 Slab Happy Ceramics, Trudi BurneyAGREEMENT
CITY OF C:UPERTINO
10300 Tvrre Avenue
~~~ 3 C (pertjno, CA 95014 ~~f' / ~}~
f J 408 7-~7-3200 NO. ~j b /
Fiscal Year 09/10
BY THIS AGREEMEN made and entered into on the 6th day of January, 2010 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1L'slab Ha~OV Ceramics (2) Trudi Burney
Address:
agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Instruction of ceramics classes and ceramics birthday parties.
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 January 6~'. 2010 and shall
be completed before June 30U'. 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of resident fee based on final rosters, minus a $ 10.00 administrative fee per participant
Ceramics Birthday Parties: 80% of the total generated re~renue.
Material Fee of $3 per participant per class for all youth classes. Material Fee of $5 per participant per class for
all adult wheel classes. Material Fee of $6 per participant per class for all Mornings for Moms classes.
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
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 arny 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. ~ r
CONTRACT COORDINATOR and representative for CITY shall be: ENTERED
NAME: Christine Hanel DEPARTMENT: 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-
!~
/
CITY OF CUPERTINO:
Title: Recreation Supervisor
~ ~ ! / O 1580-6349-7014
~ rn/,t~~~, ~ //~s ~iU
EXHIBIT B~ (Services)
1. The services to be performed by CONTRACI~OR:
The contractor shall provide ceramics and potter's wheel classes to students enrolled in the Cupertino
Parks and Recreation Department Programs.
2. The times and places CONTRACTOR will perform the services:
Winter/Spring Camps
Fresh-air Winter Art Camp Tuesday to Friday
2/16-2/19 9:00 am to 12:00 pm 5-7Y
2/16-2/19 1 :00 m to 4:00 m 8-12Y
Fresh Air Spring Art Camp Monday to Fri~i_y
4/12-4/16 9:00 am to 12:00 pm 5-8Y
4/12-4/16 9:00 am to 4:00 m 5-8Y
Winter Classes
Cla and Pla Wednesda 1/13-3/24 10:45 am to 11:45 am 2-4 Y
Mixed U Art for Toddlers Tuesda 1/12-3/23 10:45 am to 1 1:45 am 2-4 Y
Mixed Up Art Monday, 1/11-3/22 3:30 pm to 4:30 pm 5-8 Y
Tuesday, 1 /12-3/23 3:30 pm to 4:30 pm 5-8 Y
Wednesda 1/13-3/24 4:45 m to 5:45 m 9-13Y
Clay Crafting Wednesday, 1/13-3/24 3:30 pm to 4:30 pm 5-8 Y
Thursda 1/14-3/25 3:30 m to 4:30 m
Mixed Up Art - Monday, 1/11-3/22 2:00 pm to 3:00 pm All ages
Homeschoolers
Beginning Potter's Wheel Monday, 1/11-3/22 7:00 pm to 9:00 pm 18+
for Adults
Intermediate Potter's Wednesdays, 1/13-3/24 7:00 pm to 9:00 pm 18+
Wheel for Adults
Mornin for Moms Thursda s, 1/14-3/25 10:45 am to 11:45 am 18+
Spring Classes
Cla and Pla Wednesda 4/21-6/9 10:45 am to 11:45 am 2-4 Y
Mixed U Art for Toddlers Tuesda 4/20-fi/8 10:45 am to 1 1:45 am 2-4 Y
Mixed Up Art Monday, 4/19-t3/9 3:30 pm to 4:30 pm 5-8 Y
Tuesday, 4/20-6/8 3:30 pm to 4:30 pm 5-8 Y
Wednesda 4/21-f3/9 4:45 m to 5:45 m 9-13Y
Beginning Potter's Wheel Monday, 4/19-6/7 7:00 pm to 9:00 pm 18+
for Adults
Intermediate Potter's Wednesdays, 4/21-6/9 7:00 pm to 9:00 pm 18+
Wheel for Adults
Mornin for Moms Thursda s, 4/22-6/1 O 10:45 am to 11 :45 am 18+
'By mutual agreement of both parties, class schedule m2~y change.
3. The number and eligibility of persons to receive the service:
Ceramics Classes Wheel Classes
Minimum: 4 Minimum: 4
Maximum: 12 Maximum: 6
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice- The
Contractor may terminate this Agreement with a 30-day written notice-
2. In the event that the contractor has emplloyees who will assist in the performance of
this Agreement, Contractor shall file withi City a Certificate of Worker's
Compensation insurance and for those iinstructing persons 18 years and younger,
provide fingerprint clearance and curren1t T.B. test.
3. In the event that less than the required nninimum number of participants shall
request and pay for services prior to the agreed upon time for the commencement
of services to be perfiormed by Contractor, City may cancel and withdraw form this
Agreement.
4. City shall have no right of control as to tFie 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.
l 4. Payment to CONTRACTORS for services:
Payment made bn 2/26/1.0, 4/2/1 O, 5/7/1 O, and 6/25/1 O
Payment for the Birthday Parties made on 2/26/1 O, 4/2/1 O, 5/7/1 O, and 7/9/1 O
CLASSES WILL NOT BE HELD ON: '1/18, Z/15, and 5/31
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 AF:E LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT_ ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKINc~ PART IN THE PROGRAM_ CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.