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09-001 Communications Academy (2)AGREEI~~ENT CITY OF CUPE:RTINO 10300 Torre P~venue Cupertino, CA 95014 ~~~~ (408) 777-2200 NO.~ Fiscal Year p~ - v ~' U- BY THIS AGRE ENT 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) Communication Academy (2) Jackson Chow Address: 7337 Bollinger Road Suite Suite E City: Cupertino Zip: 95014 Phone (408) 777-8804 (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 sE~rvices and/or materials: Instruction of public speaking classes, debate classes, and ~nrriting classes. EXHIBITS: The following attached exhibits hereby are made pact 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 pF:r 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 co:>ts of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for ~~cts 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 Agr~sement 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 DEPAF;TMENT: Parks & Recreation This Agreement shalt become effective upon its execution by CITY. In witness .thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: ~ ~? s-- By: Title: `~ ~ 7"~~` ~ CITY OF CUPERTINO: By: _ ~~~~ Title: Recreation Coordinator ~PPRnVALS EXPENDITURE DISTRIBUTION D A T EAD DATE A(:000NT NUMBER AMOUNT .- ~ 580-6349-7014 $ 35,000.00 R DAT Q J EXHIBI'rA 1. The City reserves the right to terminate tf'~is 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 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, alt 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 Pre-public speaking, public speaking, debate and writing classes to students enrolled in the Cupertino Parks and Recreation Department Program. 2. The times and places CONTRACTOR will perform the services: Winter Classes Pre-Public S eakin Club Tuesda , 1/20 to 3/24 4:00 m to 5:00 m 5-6Y Pre-Public S eakin Club Saturda , 1/17 to 3/21 9:00 am to 10:00 am 5-6Y Pre-Public S eakin Club Saturda , 1/17 to 3/21 3:30 m to 4:30 m 5-6Y Pre-Public S eakin Club Tuesda , 1/20 to 3/24 5:15 m to 6:15 m 7-8Y Pre-Public S eakin Club Saturda , 1/17 to 3/21 10:15 am to 11:15 am 7-8Y Pre-Public S eakin Club Saturda , 1/17 to 3/21 4:45 m to 5:45 m 7-8Y Public S eakin Club Wednesda , 1/21 to 3/:?5 4:00 m to 5:00 m 9-10Y Public S eakin Club Saturda , 1/17 to 3/21 9:00 am to 10:00 am 9-10Y Public S eakin Club Wednesda , 1/21 to 3/:?1 5:15 m to 6:15 m 11-14Y Public S eakin Club Saturda , 1/17 to 3/21 10:15 am to 11:15 am 11-14Y Debate/Critical Thinkin Club Thursda , 1/22 to 3/26 4:00 m to 5:00 m 9-11Y Debate/Critical Thinkin Club Saturda , 1/17 to 3/21 2:45 m to 3:45 m 9-11Y Debate/Critical Thinkin Club Thursda , 1/22 to 3/25 5:15 m to 6:45 m 11-14Y Debate/Critical Thinkin Club Saturda , 1/17 to 3/21 1:00 m to 2:30 m 11-14 Y Readin Com rehension Saturda , 1/17 to 3/21 1:00 m to 2:30 m 8-9 Y Readin Com rehension Saturda , 1/17 to 3/21 2:45 m to 4:15 m 10-11 Y Readin Com rehension Tuesda , 1/17 to 3/21 4:00 m to 5:30 m 12-14Y Creative Writin Series Monda , 1/26 to 3/30 4:00 m to 5:30 m 8-9Y Creative Writin Series Saturda , 1/17 to 3/21 10:45 am to 12:15 m 8-9Y Creative Writin Series Monda , 1/26 to 3/30 5:35 m to 7:05 m 10-11Y Creative Writin Series Saturda , 1/17 to 3/21 9:00 am to 10:30 am 10-11Y Creative Writin Series Saturda , 1/17 to 3/21 2:45 m to 4:15 m 12-14Y Academic Writin and Grammar Wednesda , 1/21 to 3/;?5 4:00 m to 5:30 m 8-9 Y Academic Writin and Grammar Saturda , 1/17 to 3/21 9:00 am to 10:30 am 8-9Y Academic Writin and Grammar Thursda , 1/21 to 3/26 4:00 m to 5:30 m 10-11Y Academic Writin and Grammar Saturda , 1/17 to 3/21 1:00 m to 2:30 m 10-11 Y Academic Writin and Grammar Wednesda , 1/21 to 3/:?5 5:35 m to 7:05 m 12-14 Y Academic Writin and Grammar Saturda , 1/17 to 3/21 10:45 am to 12:15 m 12-14Y SAT Critical Readin Series II Monda 1/26 to 3/30 4:00 m to 5:30 m 12-14Y SAT Critical Readin Series II Saturda , 1/17 to 3/21 4:30 m to 6:00 m 12-14Y SAT Critical Readin Series II Saturda , 1/17 to 3/21 2:45 m to 4:15 m 14-17Y SAT Writin Series II Thursda , 1/22 to 3/20 5:35 m to 7:05 m 12-14 Y SAT Writin Series II Saturda , 1/17 to 3/21 1:00 m to 2:30 m 12-14Y SAT Writin Series II Saturda , 1/17 to 3/21 4:30 m to 6:00 m 14-17Y Free Demonstrations Saturday, 1/10/09 11:00 am to 12:00 pm QCC -Cupertino Room 5-14 Y Free Demonstrations Saturday, 1/10/09 4:00 pm to 5:00 pm QCC -Social Room 5-14 Y Academic Writin Winter Cam M-F 2/16 to 2/20 9:30 am to 12:00 m 8-9 Y Academic Writin Winter Cam M-F 2/16 to 2/20 9:30 am to 12:00 m 10-11Y Academic Writin Winter Cam M-F 2/16 to 2/20 9:30 am to 12:00 m 12-14Y Spring Classes Pre-Public S eakin Club Tuesda , 4/7 to 6/9 4:00 m to 5:00 m 5-6Y Pre-Public S eakin Club Saturda , 4/11 to 6/13 9:00 am to 10:00 am 5-6Y Pre-Public S eakin Club Saturda , 4/11 to 6/13 3:30 m to 4:30 m 5-6Y Pre-Public S eakin Club Tuesda , 4/7 to 6/9 5:15 m to 6:15 m 7-8Y Pre-Public S eakin Club Saturda , 4/11 to 6/13 10:15 am to 11:15 am 7-8Y Pre-Public S eakin Club Saturda , 4/11 to 6/13 2:15 m to 3:15 m 7-8Y Public S eakin Club Wednesda , 4/8 to 6/10 4:00 m to 5:00 m 9-10Y Public S eakin Club Saturda , 4/11 to 6/13 9:00 am to 10:00 am 9-10Y Public S eakin Club Wednesda , 4/8 to 6/1 () 5:15 m to 6:15 m 11-14Y Public S eakin Club Saturda , 4/11 to 6/13 10:15 am to 11:15 am 11-14Y Debate/Critical Thinkin Club Thursda , 4/9 to 6/11 4:00 m to 5:00 m 9-11Y Debate/Critical Thinkin Club Saturda , 4/11 to 6/13 2:45 m to 3:45 m 9-11Y Debate/Critical Thinkin Club Thursda , 4/9 to 6/13 5:15 m to 6:45 m 11-14Y Debate/Critical Thinkin Club Saturda , 4/11 to 6/13 1:00 m to 2:30 m 11-14 Y Readin Com rehension Saturda , 4/11 to 6/13 1:00 m to 2:30 m 8-9 Y Readin Com rehension Saturda , 4/11 to 6/13 2:45 m to 4:15 m 10-11 Y Readin Com rehension Tuesda , 4/11 to 6/13 4:00 m to 5:30 m 12-14Y Creative Writin Series Monda , 4/6 to 6/8 4:00 m to 5:30 m 8-9Y Creative Writin Series Saturda , 4/11 to 6/13 10:45 am to 12:15 m 8-9Y Creative Writin Series Monda , 4/6 to 6/1 5:35 m to 7:05 m 10-11Y Creative Writin Series Saturda , 4/11 to 6/13 9:00 am to 10:30 am 10-11Y Creative Writin Series Saturda , 4/11 to 6/13 2:45 m to 4:15 m 12-14Y Academic Writin and Grammar Wednesda , 4/8 to 6/11) 4:00 m to 5:30 m 8-9 Y Academic Writin and Grammar Saturda , 4/11 to 6/13 9:00 am to 10:30 am 8-9Y Academic Writin and Grammar Thursda , 4/9 to 6/11 4:00 m to 5:30 m 10-11Y Academic Writin and Grammar Saturda , 4/11 to 6/13 1:00 m to 2:30 m 10-11 Y Academic Writin and Grammar Wednesda , 4/8 to 6/1 () 5:35 m to 7:05 m 12-14 Y Academic Writin and Grammar Saturda , 4/11 to 6/13 10:45 am to 12:15 m 12-14Y SAT Critical Reading Series II Saturday, 4/11 to 6/13 4:30 m to 6:00 m 12-14Y SAT Critical Reading Series II Saturday, 4/11 to 6/13 2:45 m to 4:15 m 14-17Y SAT Writin Series II Saturda , 4/11 to 6/13 1:00 m to 2:30 m 12-14Y SAT Writin Series II Saturday, 4/11 to 6/13 4:30 m to 6:00 m 14-17Y Spring Camps Pre-Public S eakin M-F 4/13 to 4/17 9:30 am to 12:00 m 5-6Y Pre-Public S eakin M-F 4/13 to 4/17 9:30 am to 12:00 m 7-8Y Academic Writin & Grammar M-F 4/13 to 4/17 9:30 am to 12:00 m 8-9Y Academic Writin & Grammar M-F 4/13 to 4/17 9:30 am to 12:00 m 10-11Y Academic Writin & Grammar M-F 4/13 to 4/17 9:30 am to 12:00 m 12-14 Y Free Demonstrations Saturda , 3/21/09 4:00 m to 5:00 m QCC - Cu ertino Room 5-14 Y Free Demonstrations Wednesda , 3/25/09 6:00 m to 7:00 m QCC - Cu ertino Room 5-14 Y Free Demonstrations Saturda , 4/11/09 11:00 am t~~ 12:00 m QCC - Cu ertino Room 5-14Y Free Demonstrations Saturda , 5/16/09 11:000 am to 12:00 m QCC - Cu ertino Room 5-14 Y Free Demonstrations Saturda , 5/16/09 4:00 m to 5:00 m QCC - Cu ertino Room 5-14 Y 3. The number and eligibility of persons to receive the service: Minimum: 4 Maximum: 6 4. Payment to CONTRACTORS for services: Payment made on 2/27/09, 4/3/09, 4/24/09 and 6/26/()9. CLASSES WILL NOT BE HELD ON: 1/19, 2/16, and 5/25 THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PAR'.TICIPANTS 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. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.