04-001, Theater Fun, Carol Romo
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO.tJPPS-4-~ 7-.J
Fiscal Year
BY THIS AGREEMENT made and entered into on the 13th day of September, 2004 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Theater Fun (2) Carol Romo
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:
Magic of Theater workshops, Hip Hop dance workshops, Improv Workshops, Cheer classes and Theater 101c1asses 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 October ~
be completed before March 18, 2005. //' !~ .::J
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:' f
$64.00 per student per Improv Workshop, Hip Hop Workshop, Theater 101 class and Cheer class. "~
$ 69.00 per student per Magic of Theater class. \ I I,
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GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, an. s 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 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:
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.
CONTRACTO~ //
By: ~~
Title:
CITY OF CUPERTINO:
By: L....~
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6349-7014
AMOUNT
$ 10,000.00
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Magic of Theater classes, Theater 101 classes, Hip Hop workshops, Inprov
Workshops, and Cheer classes and to students enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Fall Session
Co llins Magic of Theater Monday 0 3:45 pm to 4:45 pm
Eaton Magic of Theater Tuesday I 2:40 pm to 3:40 pm
Eisenhower Magic of Theater Wednesday 0<. 3:10 pm to 4:10 pm
Montclaire Magic of Theater Thursday / 3:10 pm to 4:10 pm
Sedgwick Magic of Theater Thursday ~ 3:40 pm to 4:40 pm
West Valley Magic of Theater Friday a 2:45 pm to 3:45 pm
Lincoln Magic of Theater Friday '5 3:45 pm to 4:45 pm
Cupertino Middle Theater 101 Wednesday / 3:00 pm to 4:00 pm
Stocklmeir Cheer Thursday 0 3:15 pm to 4:15 pm
Winter Session
Eisenhower Magic of Theater Wednesday 3:10 pm to 4:10 pm
Eaton Improv Workshop Tuesday 2:40 pm to 3:40 pm
Cupertino Middle Improv Workshop Wednesday 3:00 pm to 4:00 pm
Montclaire Theater 101 Thursday 3:10 pm to 4:10 pm
Sedgwick Theater 101 Thursday 3:40 pm to 3:40 pm
Stocklmeir Hip Hop Dance Thursday 3:10 pm to 4:10 pm
West Valley Hip Hop Dance Friday 2:45 pm to 3 :45 pm
Lincoln Hip Hop Dance Friday 3:45 pm to 4:45 pm
3. The number and eligibility of persons to receive the service:
Minimum = 5
Maximum = 25
4. Payment to CONTRACTORS for services:
Payment made on 10/22/04, 12/17/04 for fall classes.
Payment made on 214/05 and 3/25/05 for winter classes.
CLASSES WILL NOT BE HELD ON: 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 11/1, 11/11, 11/12,
11/24, 11/25, and 11/26 DURING THE FALL CLASSES AT COLLINS, WEST VALLEY, EATON,
EISENHOWER, SEDGWICK, STOCKLMEIR, MONTCLAIRE AND LINCOLN SCHOOLS WHERE
CLASSES BEGIN THE WEEK OF 10/4/04
CLASSES WILL NOT BE HELD ON 11/24 AT CUPERTINO MIDDLE SCHOOL FOR CLASSES
THAT BEGIN THE WEEK OF 10/4/04.
CLASSES WILL NOT BE HELD ON 1/17/05, 1/28/05, 2/21/05, 2/22/05, 2/23/05, 2/24/05, and 2/25/05
DURING THE WINTER CLASSES AT COLLINS, WEST VALLEY, EATON, EISENHOWER,
SEDGWICK, STOCKLMEIR, MONTCLAIRE, CUPERTINO MIDDLE AND LINCOLN SCHOOLS,
WHERE CLASSES BEGIN THE WEEK OF 1/10/05.
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT TAKE
P ART 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.
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 3D days notice. The
Contractor may terminate this Agreement with a 3D-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 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.
The Contractor shall not promote his/her business to participants registered in the City's
programs.