09-001 CLAP artsAGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre f~venue
6 Cupertino, CA 95014 ~/~~ n
(408) 777-3200 NO. ~• O (/
' /~ Fiscal Year
1
BY THIS AGREEMENT made and entered into on the 22nd day of December, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) CLAIP arts (2) Sharon DeSouza
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 s~arvices and/or materials:
Instruction of performing arts 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 January 5, 2009 and shall
be completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of the resident fee, minus a $10.00 administrative fee pier 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 insurabili~:y, 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 transferrecl 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.
CONTRACTOR: CITY OF CUPERTINO:
Title: I~ecreation Coordinator
eooQnvei c
EXPENDITURE DISTRIBUTION
D , HEAD DATE ACCOUNT NUMBER AMOUNT
'i ,. -v ~ 580-6349-7014 $ 8,000.00
CI DATE
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EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement ~-ith a 30-day written notice.
2. In the event that the contractor has employE~es 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, ai: 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 performing arts classes to students enrolled in the Cupertino Parks and
Recreation Department Program.
2. The times and places CONTRACTOR will perfoirm the services:
Winter Proarams
Drama Discove Tuesda s - 1/13 to 3/17 4:15 m to 5:00 m 3-5 Y QCC - Cu ertino Room
Act One Monda s - 1 /12 to 3/30 5:30 m to 6:30 m 5-9 Y
Dance, Act, Perform! Monda s - 1/12 to 3/30 6:30 m to 7:30 m 8-12 Y QGC-
M.I~sicat-R-evae - -- Wednesda -=-1/14 to 2/18--- 6:30 m to 7:30 m 7-11 Y MVRC-!~i#chen C~~,c~~
Musical Revue Wednesda - 2/25 to 4/1 6:30 m to 7:30 m 7-11 Y MVRC Kitchen
~-:z-+ ~r ~ ..ll+-nom c.- cacti+re;~'~tc~ - 112.5 tt N
Snrina Classes
Drama Discover Tuesda s - 4/7 to 5/26 4:15 m to 5:00 m 3-5 Y QCC - Cu ertino Room
Act One Monda s - 4/6 to 6/8 5:15 m to 6:10 m 5-9 Y QCC - Cu ertino Room
Dance, Act, Perform! Monda s - 4/6 to 6/8 6:15 m to 7:10 m 8-12 Y QCC - Cu ertino Room
Musical Revue Wednesda s - 4/8 to 5/27 6:30 m to 7:30 m 7-11 Y MVRC -Kitchen
Gi:.~ ~ ~ ~vc~- W~~ar~¢:~Ck':j~ 4!g to 512 5,~ tam to 1::. 3cur>,_- S .~; `i Mvi2[:_- K.~.e-.e .,
3. The number and eligibility of persons to receivE: the service:
Minimum: 8
Maximum: 20
4. Payment to CONTRACTORS for services:
Payment made on 4/3/09 and 6/12/09
CLASSES WILL NOT BE HELD ON: 1/19, 2/16, 4/27 and 5/25
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 APJD VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING DART IN THE PROGRAM. CONTRACTORS
ARE RESPONSIBLE FOR SUPERVISING PAR'~ICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
m~~
CUPERTINO City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
1. I am a representative of C~~p ~1~°~ (contract or company name); that I am
familiar with the fact herein certified and am authorized and qualified to execute this certificate.
2. I verify that ~1~,~ ,~r~:; (contract or company name) has complied with fingerprinting
and criminal background investigation requirements with respect to all Contractor's employees
who may have contact with minors in the course; of providing services pursuant to the Contract,
and the California Department of Justice has de~:ermined that none of those employees has been
convicted of a felony, as that term is defined in ~~alifornia Penal Code Section 11105.3
3. That a complete and accurate list of Contractor's employees who may come in contract with
minors during the course and scope of the contr;~ct is included below
4. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and ,:
have current documentation on file with Contractor.
A List of all Contractor Employees Working for the City of Cupertino:
Name Date of FingerpriTit Clearance Date of last TB Test
AM~~ ~-.-~~- 3 log i2 ~ -4 ~ z~-a-
laoa„e,~e. ~>b.r~Scr~ ~ C' (U ~~" ~5' 23 ~ 2cx) ~-
5. The City of Cupertino will be notified by Contr~ictor of any new employees and will be added to
the above list prior to beginning work for the City of Cupertino.
Contractor Signature:-,,1_~ S, ~ Date: + , ,r
Staff Title: ~r,~