10-001 Communications Academy, Jackson Chow (2)AGREEMENT
CITY OF CIIPERTINO
1 10300 Torre Avenue
Cupertino, CA 95014 ~y
- /~ (408) 777-3200 NO. ~~~ `~
\V/ Fiscal Year 09/1 O
BY THIS AGREEMENT made and entered into on the 2nd day of February 2010 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Communications Academy (2) Jackson Chow
Address:
(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:
Pre-Public Speaking classes, Public Speaking classes, Creative Writing, and Debate classes for 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 February 22. 2010 and shall
be completed before June 4. 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75 % of final roster fees minus a $10.00 administrative fee per participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold I~armless 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 fir 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 ~4greement 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~cons~ent of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: ~ ~''RPRr~+~~
NAME: Christine Hanel DEF~ARTMENT: Parks 8~ Recreation ~~VV 11+~ ,Ci
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: ,-
B~`~~~-cry/-C~~L--~~-/!~-,.~~L-t~'~
Title: ~~.~~T~ (~- Title: Recreation Supervisor
('
.~..-.er.~~~~ c _ EXPENDITURE DISTRIBUTION
tarrrwvrf.~-
DATE
DEPA42TM NT -___ -__-__ ___-
ACCOUNT NUMBER
AMOUNT
_.
c ° __ -~
;' sty -" ~ ~~' 580-6349-70 $ 10,000.00
CITY K DATE
' Q l
/B
U
EXHIf31T A
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 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 ~~greed 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 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 public speaking, creative writing, and debate classes to students enrolled
in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR wGn rfo rfr.rm tF,u cera:~ec.
Class
School ~-
Day
Time
Grad
Pre-Public Speaking Club:
Eaton
Monday, 2/22-5/3
3:45 pm to 4:45 pm e
K-1
Confident Voice
Pre-Public Speaking Club: Eaton Monday, 2/22-5/3 5:00 pm to 6:00 pm 2-3
Confident Voice
Pre-Public Speaking Club: CA Friday, 2/26-4/30 4:00 pm to 5:00 pm K-1
Confident Voice
Pre-Public Speaking Club: CA Friday, 2/26-4/30 5:15 pm to 6:15 pm 2-3
Confident Voice
Public Speaking Club: Persuasive CA Tues~~ay, 2/23-4/27 3:15 pm to 4:1 5 pm 4-6
S each
Public Speaking Club: Persuasive CA Tuesc~ay, 2/23-4/27 4:30 pm to 5:30 pm 6-8
Speech
Debate/Critical Thinking Club: CA Frida~~, 2/26-5/7 4:00 pm to 5:00 pm 6-8
Public Forum Debate
Debate/Critical Thinking Club: CA Friday/, 2/26-5/7 5:15 pm to 6:15 pm 4-6
Public Forum Debate
Creative Writing 8~ Star Prep Lincoln Wednesday, 2/24-4/28 3:45 pm to 4:45 pm 2
Series: Script Writin
Creative Writing & Star Prep Lincoln Wednesday, 2/24-4/28 5:00 pm to 6:00 pm 5-6
Series: Script Writin
Creative Writing & Star Prep CA Thursday, 2/25-4/29 5:15 pm to 6:15 pm 5-6
Series: Scri t Writin
Reading Comprehension: Book CA Monday, 2/22-5/3 4:00 pm to 5:00 pm 3-4
Club
Reading Comprehension: Book CA Monday, 2/22-5/3 5:15 pm to 6:15 pm 5-6
Club
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 20
4. Payment to CONTRACTORS for services: Payment made on 3/26/1 O, 4/30/1 O, and 5/28/1 O
CLASSES WILL NOT BE HELD ON: 3/15, 4/12-4/16, 5/28, 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 ARE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS i~ND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTI(~IPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
CUPERTINO City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
AC R~ ~M y
1. I am a representative of ~~ Ili( (~ C~~Jj c R "~ :~,~~~ (contract or company name); that I am
familiar with the fact herein certified and am authorized and qualified to execute this certificate.
2. I verif that v fR C~ 0 ~t1 y
Y f' ~(NcJrh CAZ'~-~rJ .(contract or company name) has complied with fingerprinting
and criminal bacKgx`ound investigation requirements with respect to all Contractor's employees
who may have contact with minors in the course of providing services pursuant to the Contract,
and the California Department of Justice has determined that none of those employees has been
convicted of a felony, as that term is defined in California Penai Code Section 11 105.3
3. That a complete and accurate list of Contract~~r's employees who may come in contract with
minors during the course and scope of the co~itract is included below
4. All of the below mentioned employees have i:ested negative for TB, or X-ray results for TB, and
have current documentation on file with Contractor.
A List of all Contractor Employees Working for the City of Cupertino:
Name Date of Fingerprint Clearance Date of last TB Test
~ od /~ ~ ~ c ~/ ~~'la-7
~~lL {FAN ~ ti r/ ~~ r C1 ~~ f/Z~~ci
5. The City of Cupertino will be notified by Contractor of any new employees and will be added to
the above list prior to beginning work for the City of Cupertino-
Contractor Signature: - Date: ~~ /k~
T
Staff Title: -S ~~-T