10-001 WizKids Tech, Naima Hajian (2)AGREEMENT
CITY OF CUI~ERTINO
10300 Torre Avenue L
Cu (408) 777 3200 14 NO. ~~v
~ /~ ~ Fiscal Year 09/1 O
BY THIS AGREEM NT made and entered into on the 7t1~ day of January, 20'10 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and ('I) WizKidsTech (2) Naima Haiian
Address:
agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Instruction music classes
EXHIBITS: The following attached exhibits hereby are made Fart of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on January 5th. 2010 and shall
be completed before June 30`". 2010.
COMPENSATION: For the full performance of this Agreemern:, CITY shall pay CONTRACTOR:
70% of resident fee based on final class roster, minus a $ ~IO.00 administrative fee per participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h<3rmless 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 A~3reement 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 sh:311 be:
NAME: Christine Hanel
DEPARTMENT: Parks 8. Recreation
ENTERED
This Agreement shall become effective upon its execution b~/ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: ~/G%l //No( ~--~ /~ /2 CITY OF UPERTINO:
sooawnr c _ EXPENDITURE DISTRIBUTION
D E .a DATE ACCOUNT NUMBER AMOUNT
~ 580-6349-70'14 $ 3,000.00
DATE /{
^~~ -~O / ` n
1 /" / ~ O
0
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 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 in~;tructing persons 18 years and younger,
provide fingerprint clearance and current -~. B. test.
3. In the event that less than the required miinimum 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 they 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 t~usiness to participants registered in the
City's programs.
EXH I BIT B I;Selvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide music class instruction to participants of the Cupertino Parks and
Recreation Winter programs.
2. The times and places CONTRACTOR will perform the services:
Class Site Da and Dates Time A e
Basic Electronic Skills Social Room Monday, 4/5-4/26 4:00 pm to 5:00 pm 6-9Y
with Sna Circuits
Basic Engineering Skills Social Room Monday, 5/3-5/24 4:00 pm to 5:00 pm 6-9Y
with LEGOs _
Robotics with Social Room Saturday; 4/17 9:00 am to 1:00 pm 7-10Y
Mindstorms Worksho
Robotics with Social Room Saturday, 5/1 9:00 am to 1 :00 pm 7-1 OY
Mindstorms Worksho
Robotics with Social Room Saturday, 5/15 9:00 am to 1:00 pm 7-1 OY
Mindstorms Workshop
Robotics with Social Room Saturday, 6/5 9:00 am to 1 :00 pm 7-1 OY
Mindstorms Worksho
Basic Engineering Skills Social Room Monday-Friday, 6/21-6/25 9:00 am to 12:00 pm 6-10Y
with LEGOs Camp
~By mutual agreement of both parties, class schedule may change.
3. The number and eligibility of persons to receive the service:
Min/Max for the Electronics and Engineering Skills i~; 10/12.
Min/Max for the Robotics is 6/8.
Min/Max for camps is 10/12.
4. Payment to CONTRACTORS for services:
Payment made on 5/7/1 O, 7/9/1 O
CLASSES WILL NOT BE HELD ON: 1/18, 2/15, and 5/31
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATIOIN 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 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 ARRIVED.