08-001 Slab Happy Ceramics~ 333
AGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
N 0 ~~~/~
Fiscal Year
BY THIS AGREEMENT made and entered into on the 15th ~~ay of September, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Slab Happy Ceramics (2) Trudi Burney
Address: 13210 Via Madronas City: Saratoga Zip: 95070 Phone (4081 348-2095
(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:
Act One and Center Stage classes for students enrolled in the P,fterschool Enrichment Program.
EXHIBITS: The following attached exhibits hereby are made pert of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this A~areement shall commence on October 15. 2008 and shall
be completed before March 2. 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of final roster fees minus a $10.00 administrative fee per student.
$3 per class per student materials fee
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 c~~sts 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 insurabi.~ity, 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 transfern~d 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 DEP/~RTMENT: Parks & Recreation
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:
By: V~~
Title:
Social Security #: ~~ ~~~ '~~~' ~~~ ~
ALS
CITY OF CUPERTINO:
By: _ ~ .
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
v 580-6349-7014
$ 10,000.00
EXHIBIT A
1. The City reserves the right to terminate tl~is Agreement with 30 days notice. The
Contractor may terminate this Agreement ~niith 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, a1: 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 buisiness to participants registered in the
City's programs.
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOF::
The contractor shall provide Ceramics and art classes to students enrolled in the Afterschool
Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Fall Session
Mixed U Art Monda 3:30 m to 4:30 m K-3
Cla Creations Monda 5:00 m to 6:30 m 4-8
Mixed U Art Tuesda 3:15 m to 4:15 m K-3
Cla Craftin Tuesda 4:30 m to 5:30 m K-3
Cla Craftin Wednesda 3:30 m to 4:30 m K-3
Mixed U Art Wednesda 4:45 m to 5:45 m 4-8
Cla Craftin Thursda 2:00 m to 3:00 m K-3
Mixed U Art Thursda 3:30 m to 4:30 m K-3
Winter Session
Mixed U Art Monda 3:30 m to 4:30 m K-3
Cla Creations Monda 5:00 m to 6:30 m 4-8
Mixed U Art Tuesda 3:15 m to 4:15 m K-3
Cla Craftin Tuesda 4:30 m to 5:30 m K-3
Cla Craftin Wednesda 3:30 m to 4:30 m K-3
Mixed U Art Wednesda 4:45 m to 5:45 m 4-8
Cla Craftin Thursda 2:00 m to 3:00 m K-3
Mixed U Art Thursda 3:30 m to 4:30 m K-3
3. The number and eligibility of persons to receive the service:
Minimum = 8
Maximum = 20
4. Payment to CONTRACTORS for services: Payment made on 11/7/08, 12/19/08, and 2/6/09
CLASSES WILL NOT BE HELD ON: 11/11,11/26, 11/:t7, 12/22,12/23, 12/24,12/25,12/29, 12/30,12/31,
1/1/09, & 1/19/09
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 t_ISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AIVD VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.