11-001 Communication Academy, Jackson Chow \ipak OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
4, �9 J. WEBSITE:www.cupertino.org
CUPERTINO
June 25, 2013
Communication Academy
7337 Bollinger Road, Suite E
Cupertino, CA 95014
Re: Agreement
Enclosed is an original copy of the first amendment to your agreement with the City of
Cupertino. If you have any questions or need additional information, please contact the
Parks and Recreation Department at 408-777-3120.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
No: 57698
FY 13-14
1st AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
COMMUNICATION ACADEMY FOR CONSULTANT SERVICES
FOR YOUTH, TEEN, & ADULT COMMUNICATION CLASSES
This 1s1 Amendment to the Agreement between the City of Cupertino and (1) Communication
Academy (2) Jackson Chow, for reference dated June 3, 2013, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and (1) Communication Academy (2)Jackson
Chow, a Corporation whose address is 7337 Bollinger Road Suite E, Cupertino, CA 95104, (hereinafter
"referred to as Consultant"), and is made with reference to the following:
RECITALS:
A. On July 1, 2012, an agreement was entered into by and between City and (1)
Communication Academy (2) Jackson Chow, (hereinafter "Agreement").
B. City and Consultant desire to modify the Agreement on the terms and conditions set forth
herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:
1. Paragraph 1 of the Agreement is modified to read as follows:
"The term of this Agreement shall commence on July 1, 2013, and shall terminate on
December 31, 2013, unless terminated earlier as set forth herein."
2. Paragraph 3 of the Agreement is modified to read as follows:
"Consultant shall be compensated for services performed pursuant to this Agreement in the
amount set forth below.
Compensation: 70% of the resident fee based on final rosters, minus a $10.00
administrative fee per participant. Compensation shall not exceed a total amount of
eighty-five thousand dollars ($85,000) to be paid during the periods of July 1, 2012-June
30, 2013 ($45,000) and July 1-Dec. 31, 2013 ($40,000).
Payment by the City to the Consultant for services: Consultant will be paid no more than
two payments per quarter."
3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement
shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be
executed.
Communication Academy/Jackson Chow CITY OF CUPERTINO
A Municipal Corporation
B y: .i ' ./ . C-- By Rachelle Sander, Recreation Coordinator
Titl:A nsultant
Date: 6 ( RE .0 I I NDED FOR APPROVAL:
13 ■ i / 'ecreation Supervisor
APPROVED AS TO FORM:
A. 7 • City Attorney
ATTEST:
City Clerk
/(7,ii./2-i--€ (dtt 47
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 X73 �y
(408) 777 -3200 NO. (it2-> /'--ra
Fiscal Year 11 -12
BY THIS AGREEMENT made and entered into on the 1st day of June by and between the CITY OF CUPERTINO, CA
(Hereinafter referred to as CITY) and (1) Communication Academy (2) Jackson Chow
Address: City: Cupertino _Zip: 95014 Phone (
(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 public speaking classes, debate classes, and writing classes.
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 July 1, 2011 and shall be
completed before June 30 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of the resident fee of the final class roster, minus a $10.00 administrative fee per participant
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 insurabil'ty, 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 of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: ENTERED
NAME: Rachelle Sander 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.
- -- By: .Q .�� e
Title: � �_ / hj=1" Title: Recreation Coordinator
Social Security #:
APPROV LS EXPENDITURE DISTRIBUTION
Pi> N HEAD DATE ACCOUNT NUMBER AMOUNT
j Q . 1 j 580- 6349 -7014 $ 45,000.00
CI E K a s t ik vk o DATE
EXHIBI[T 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 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 withdraw from 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 Pre - public speaking, public speaking, debate and writing classes to
students enrolled in the Cupertino Parks and Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
* *Review the Spring and Summer Brochures for class and camp confirmation.
3. The number and eligibility of persons to receive the service:
Minimum: 4
Maximum: 6
4. Payment to CONTRACTORS for services:
Payments will be made in two separate payments per season. The week after the half way point and
the final payment a week after services are over.
CLASSES WILL NOT BE HELD ON: 7/3 -4, 9/5, 11/11, 11/23 -27, 12/18 -1/2, 2/19 -2/25 (optional -
winter recess), 4/15 -4/21 (optional- spring break), 5/28.
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 AND 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.