07-001, Theater Fun
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
No.IRJlJ-5S737
(Fiscal Year O?-J'.;f';J
BY THIS A ENT made and entered into on the 2nd day of October, 2007 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Theater Fun (2) Carol Romo
Address: 2151 Darnis Court City: MorQan Hill Zip: 95037 Phone (408) 778-6231
(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, Manner Workshops, Castle Conduct Classes and Princess in
Training classes for students enrolled in 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 17.2007 and shall
be completed before March 28. 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTO~R:
75% of final roster fees minus a $10.00 administrative fee per student. t'NTERt'D
.taJ .I L
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 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:
NAM E: 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.
Title:
CONTRA/}.. OR: P
By: < %1'ZAf1-- ~~
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CITY OF CUPERTINO:
By: ~o-.. ~... .:'
Title: Recreation Coordinator
DATE
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6349-7014
AMOUNT
$ 7,000.00
DATE
J (:) - { 5 -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 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 .LC.A. laws,
and the City business license ordinance.
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 Magic of Theater classes, Hip Hop workshops, Manners, Inc., Castle Conduct and
Princess in Training classes to students enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Fall Session
Lincoln
Stevens Creek
Quinlan
Eisenhower
Stocklmeir
Hi Hop W orksho
Manners, Inc.
Manners, Inc
Hi Hop W orksho
Hi Hop Workshop
Wednesda s
Wednesday
Thursday
Friday
Friday
m M/P
Art Room
Social Room
GLC
Music Room
Winter Session
Lincoln Magic of Theater Wednesdays 3:45 pm to 4:45 pm M/P
Quinlan Princess in Training Thursday 2:30 pm to 3:30 pm Social Room
Quinlan Castle Conduct Thursday 3:45 pm to 4:45 pm Social Room
Eisenhower Magic of Theater Friday 3:10 pm to 4:10 pm GLC
Stocklmeir Magic of Theater Friday 3:10 pm to 4:10 pm Music Room
3. The number and eligibility of persons to receive the service:
Minimum = 5
Maximum = 25
4. Payment to CONTRACTORS for services:
Payment made on 11/2/07, 12/21/07 for fall classes.
Payment made on 2/8/08 and 3/28/08 for winter classes.
CLASSES WILL NOT BE HELD ON: 11/21, 11/22, 11/23, 12/26, 12/27, & 12/28 DURING THE
FALL CLASSES AT ALL SCHOOLS.
CLASSES WILL NOT BE HELD ON: 2/20/08, 2/21/08, 2/22/08, and 3/7/08 DURING THE WINTER
CLASSES AT ALL SCHOOLS, WHERE CLASSES BEGIN THE WEEK OF 1/22/08.
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. CONTRACTOR IS RESPONSIBLE
FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS
ARRIVED.