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08-001 Theater Fun, Carol Romo (2)AGREEMI.NT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO. ~~ ~~ /„ ~ Fiscal Year ~~ I v BY THIS AGREEME T made and entered into on the 15th da~r of September, 2008 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: Morgan Hill Zip: 950~~7 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 furni$h 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 ~f this Agreement: Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on October 15. 2008 and shall be completed before March 27. 2008. 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. 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 cost's 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 undE:rsigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not 2~uthorized 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 cf the CITY. CONTRACT COORDINATOR and representative for CITY shall k~e: NAME: Susan Lewis DEPAR~fMENT: Parks 8 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. ~~ ~ A CONTRACTOR Title: ~R- f ~' ~ U ~ Social Security #: APPROVALS DFPARTrVIENT HEE DA TE CITY 01= CUPERTINO: Title: Recreation Coordinator EXPENDITURE DISTRIBUTION AC"OUNT NUMBER AMOUN' 580-6349-7014 $ 5,000.00 ~~~~~~ - EXHIBIT A 1. The City reserves the right to terminate thi:~ 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 employeE~s 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 ms~nner Contractor performs the services to be performed. Nevertheless, City may, at ~~ny time, observe the manner in which such services are being performed by the Contractor. 5. The Contractor shall comply with all applicablle Federal, State, and local laws and ordinances including, but not limited to, unerriployment 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 Magic of Theater classes, Hip F.[op workshops, Manners, Inc., Castle Conduct and Princess in Training classes to students enrolled in the Aftersc;hool Enrichment Program. 2. The times and places CONTRACTOR will perform the services: Fall Session Quinlan Princess in Training Monday 4:00 pm to 5:00 pm Social Room 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 Hip Ho Workshop Friday 3:10 m to 4:10 pm GLC Stocklmeir Hip Hop Workshop Friday 3:10 pm to 4:10 pm Music Room Winter session Quinlan Princess in Training Mondays 4:00 pm to 5:00 pm Social Room 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 11/7/08, 12/19/08 for fall classes. Payment made on 2/6/09 and 3/27/09 for winter classes. CLASSES WILL NOT BE HELD ON: 11/10, 11/27, 11/28, 12/22, 12/25, & 12/26 DURING THE FALL CLASSES AT ALL SCHOOLS. CLASSES WILL NOT BE HELD ON: 1/19/09, 2/16/09., 2/19/09, 2/20/09, and 3/16/08 DURING THE WINTER CLASSES AT ALL SCHOOLS, WHERE CLASSES BEGIN THE WEEK OF 1/19/09 and QUINLAN COMMUNITY CLASSES THAT BEGIN THIS; WEEK OF 1/5/09. THE CONTRACTOR SHALL FOLLOW ALL GUID>=;LINES 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 PARTICI~'ANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.