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09-001 Communications Academy (3)~1,z8'7/ AGREEP~IENT CITY OF CUPI=RTINO 10300 Torre ~~venue Cupertino, CA 95014 (408) 777-3200 Fiscal Year 09-10 BY THIS AGREEMENT made and entered into on the 17th day of June, 2009 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 Phcne (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 services and/or materials: Instruction of public speaking classes, debate classes, and writing 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 July 1, 2009 and shall be completed before December 31, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 75% of the resident fee, minus a $10.00 administrative fee p~:r participant GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold harirless 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 ~jcts 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 Agreerr~ent. 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: ~jNTER~~ NAME: Susan Lewis DEPAF;TMENT: 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. CONTRACTOR: ,, By: Title: ~ ~P ~ S ~l .f~ ~ [`(T- APPROVALS CITY OF CUPERTINO: By: a~.•~..l~a.,~ Title: F;ecreation Coordinator EXPENDITURE DISTRIBUTION DE A TMENT HEAD DATE ACCOUNT NUMBER AMOUNT 5E10-6349-7014 $ 25,000.00 LER '' / p DATE EXHIBITA 1. The City reserves the right to terminate tl~is Agreement with 30 days notice. The Contractor may terminate this Agreement v~~ith 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 i~nanner 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 applic~ible Federal, State, and local laws and ordinances including, but not limited to, unE:mployment 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: Summer Camps Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y Confident Self Cam 6/15 to 6/19 Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y Confident Self Cam 7/6 t 7/10 Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y Confident Self Cam 7/20 to 7/24 Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 5-6Y Confident Self Cam 8/3 to 8/10 Pre-Public Speaking: Monday to Friday 1:30 pm to 4:00 pm 5-6Y Confident Self Cam 8/10 to 8/14 Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 7-8Y Confident Self Cam 7/27 to 7/31 Pre-Public Speaking: Monday to Friday 1:30 pm to 4:00 pm 7-8Y Confident Self Cam 8/3 to 8/7 Pre-Public Speaking: Monday to Friday 9:00 am to 11:30 am 7-8Y Confident Self Cam 8/10 to 8/14 Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 8-9Y Book Club Cam 6/22 to 6/26 Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 8-9Y Book Club Cam 8/10 to 8/14 Academic Reading & Vocabulary Monday to Friday 1:00 pm to 4:00 pm 10-11Y Book Club Cam 6/15 to 6/19 Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 10-11Y Book Club Cam 7/20 to 7/24 Academic Reading & Vocabulary Monday to Friday 9:00 am to 12:00 pm 12-14Y Book Club Cam 7/27 to 7/31 Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 10-11Y Journalism Cam 6/22 to 6/26 Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 10-11Y Journalism Cam 8/10 to 8/14 Academic Writing & Grammar: Monday to Friday 9:00 am to 12:00 pm 12-114Y Journalism Cam 7/20 to 7/24 Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y Creative Inter retation Cam 6/15 to 6/19 Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y Creative Inter retation Cam 7/13 to 7/17 Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 9-11Y Creative Inter retation Cam 7/20 to 7/24 Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 9-11Y Creative Inter retation Cam 8/10 to 8/14 Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y Creative Inter retation Cam 7/20 to 7/24 Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y Creative Inter retation Cam 8/3 to 8/7 Public Speaking Club: Monday to Friday 9:00 am to 12:00 pm 11-14Y Creative Inter retation Cam 8/10 to 8/14 Public Speaking Club: Monday to Friday 1:30 pm to 4:30 pm 14-17Y Creative Inter retation Cam 7/6 to 7/10 Public Speaking Club: Monday to Friday 1:00 pm to 4:00 pm 14-17Y Creative Inter retation Cam 7/20 to 7/24 Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 9-11Y Student Con ress Debate Cam 7/13 to 7/17 Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y Student Con ress Debate Cam 7/27 to 7/31 Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 9-11Y Student Con ress Debate Cam 8/10 to 8/14 Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 11-14Y Student Con ress Debate Cam 6/22 to 6/26 Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 11-14Y Student Con ress Debate Cam 7/6 to 7/10 Debate/Critical Thinking Club: Monday to Friday 9:00 am to 12:00 pm 11-14Y Student Con ress Debate Cam 7/20 to 7/24 Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y Student Con ress Debate Cam 7/27 to 7/31 Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 11-14Y Student Con ress Debate Cam 8/10 to 8/14 Debate/Critical Thinking Club: Monday to Friday 1:30 pm to 4:30 pm 14-17Y Student Con ress Debate Cam 7/13 to 7/17 Debate/Critical Thinking Club: Monday to Friday 1:00 pm to 4:00 pm 14-17Y Student Con ress Debate Cam 8/3 to 8/7 Summer Classes Pre-Public S eakin -Confident Monda , 6/22 to 7/27 4:45 m to 6:40 m 5-6Y Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 9:00 am to 10:55 am 5-6Y Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 1:00 m to 2:55 m 5-5Y Pre-Public S eakin -Confident Saturda , 6/20 to 8/1 11:00 am to 12:55 m 7-8Y Academic Writing -Journalism Tuesda , 6/23 to 7/28 4:45 m to 6:40 m 8-9Y Academic Writing -Journalism Saturday, 6/20 to 8/1 9:00 am to 10:55 am 8-9Y Debate/Critical Thinkin Saturda , 6/20 to 8/1 1:00 m to 2:55 m 9-11Y Debate/Critical Thinkin Tuesda , 6/23 to 7/28 5:00 m to 6:55 m 11-14Y Debate/Critical Thinkin Saturda , 6/20 to 8/1 3:00 m to 4:55 m 11-14Y Public S eakin - CI Saturda , 6/20 to 8/1 9:00 am to 10:55 am 9-11Y Public S eakin - CI Monda , 6/22 to 7/27 4:45 m to 6:40 m 11-14Y Public S eakin - CI Saturda , 6/20 to 8/1 11:00 am to 12:55 am 11-14Y SAT Critical Reading Monday, 6/22 to 8/1 4:45 m to 6:00 m 14-17Y SAT Writing Series Friday, 6/26 to 8/7 4:45 m to 6:45 m 14-17Y Fall Classes Pre-Public S eakin Club: Confident Tuesda , 9/22 to 11/24 4:00 m to 5:00 m 5-6Y Pre-Public S eakin Club: Confident Saturda , 9/1!a to 11/21 9:00 am to 10:00 am 5-6Y Pre-Public S eakin Club: Confident Saturda , 9/1Sa to 11/21 3:30 m to 4:30 m 5-6Y Pre-Public S eakin Club: Confident Tuesda , 9/22 to 11/24 5:15 m to 6:15 m 7-8Y Pre-Public S eakin Club: Confident Saturda , 9/20 to 11/22 10:15 am to 11:15 am 7-8Y Pre-Public S eakin Club: Confident Saturda , 9/2() to 11/22 4:45 m to 5:45 m 7-8Y Public S eakin Club: Informative Wednesda , 9/113 to 11/25 3:45 m to 5:15 m 9-11Y Public S eakin Club: Informative Saturda , 9/19 to 11/21 2:45 m to 4:15 m 9-11Y Public S eakin Club: Informative Wednesda , 9/113 to 11/11 5:20 m to 6:50 m 11-14Y Public S eakin Club: Informative Saturda , 9/19 to 11/21 1:00 m to 2:30 m 11-14Y Debate/Critical Thinkin Club: Team Thursda , 9/17 t~~ 11/19 4:00 m to 5:00 m 9-11Y Debate/Critical Thinkin Club: Team Saturda , 9/19 to 11/21 2:45 m to 3:45 m 9-11Y Debate/Critical Thinkin Club: Team Thursda , 9/17 t~~ 11/19 5:15 m to 6:45 m 11-14Y Debate/Critical Thinkin Club: Team Saturda , 9/17 to 11/19 1:00 m to 2:30 m 11-14 Y Academic Reading and Star Saturday, 9/19 to 11/21 1:00 pm to 2:30 pm 8-9 Y Pre Series: Narrative Academic Reading and Star Saturday, 9/19 to 11/21 2:45 pm to 4:15 pm 10-11 Y Pre Series: Narrative Academic Reading and Star Saturday, 9/19 to 11/21 4:00 pm to 5:30 pm 12-14Y Pre Series: Narrative Academic Writin & Star Pre Wednesda , 9/16 to 11/25 4:05 m to 5:05 m 6Y Academic Writin & Star Pre Saturda , 9/19 to 11/21 1:00 m to 2:00 m 6Y Academic Writin & Star Pre Wednesda , 9/16 to 11/25 5:10 m to 6:20 m 71~" Academic Writin & Star Pre Saturda , 9/19 to 11/21 2:15 m to 3:15 m 7Y Academic Writin & Star Pre Wednesda , 9/16 to 11/25 4:00 m to 5:30 m 8-9Y Academic Writin & Star Pre Saturda , 9/19 to 11/21 9:00 am to 10:30 am 8-9Y Academic Writin & Star Pre Thursda , 9/17 to 11/1~a 4:00 m to 5:30 m 10-11Y Academic Writin & Star Pre Saturda , 9/19 to 11/21 1:00 m to 2:30 m 10-11Y Academic Writin & Star Pre Wednesda , 9/16 to 11/25 5:35 m to 7:05 m 12-14Y Academic Writin & Star Pre Saturda , 9/19 to 11/21 10:45 am to 12:15 am 12-14Y After School Care Tuesda , 9/22 to 11/24 3:00 m to 6:00 m 5-14 Y After School Care Wednesda , 9/16 to 11/25 3:00 m to 6:00 m 5-14 Y After School Care Thursda , 9/17 to 11/19 3:00 m to 6:00 m 5-14 Y Free Demonstrations Saturda , 8/29/09 1:30 m to 2::.0 m Communication Academ 5-17 Y Free Demonstrations Saturda , 9/5/09 4:00 m to 5:Ci0 m Communication Academ 5-17 Y Free Demonstrations Saturda , 9/12/09 1:30 m to 2::.0 m Communication Academ 5-17 Y Winter Break Camps Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 6Y Academic Writin & Star Pre Monda to Thursda ,1 x:/28 to 12/31 9:30 am to 12:00 m 6Y Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 7Y Academic Writin & Star Pre Monda to Thursda ,1 x:/28 to 12/31 9:30 am to 12:00 m 7Y Academic Writin & Star Pre Monda to Thursda ,1:/21 to 12/24 9:30 am to 12:00 m 8-9Y Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 8-9Y Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 10-11Y Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 10-11Y Academic Writin & Star Pre Monda to Thursda ,12/21 to 12/24 9:30 am to 12:00 m 12-14Y Academic Writin & Star Pre Monda to Thursda ,12/28 to 12/31 9:30 am to 12:00 m 12-14Y Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 5-6Y Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 5-6Y Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 5-6Y Pre-Public S eakin Club: Confident II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 7-8Y Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 9-11Y Public S eakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 9-11Y Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 11-14Y Public S eakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 11-14Y Public S eakin Club: Informative II Monda to Thurscia ,12/21 to 12/24 1:00 m to 3:00 m 12-14Y Public Speakin Club: Informative II Monda to Thurscia ,12/28 to 12/31 1:00 m to 3:00 m 12-14Y Academic Writing & Star Prep Monday to Thursday,1~~/21 to 12/24 9:30 am to 3:00 pm 6Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,1 ~?/28 to 12/31 9:30 am to 3:00 pm 6Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,1~'/21 to 12/24 9:30 am to 3:00 pm 7Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,1 x'./28 to 12/31 9:30 am to 3:00 pm 7Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,1~'_/21 to 12/24 9:30 am to 3:00 pm 8-9Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,17./28 to 12/31 9:30 am to 3:00 pm 8-9Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,1 x'/21 to 12/24 9:30 am to 3:00 pm 10-11 Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,12./28 to 12/31 9:30 am to 3:00 pm 10-11 Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,12/21 to 12/24 9:30 am to 3:00 pm 12-14Y and Public S eakin Full Da Academic Writing & Star Prep Monday to Thursday,12./28 to 12/31 9:30 am to 3:00 pm 12-14Y and Public S eakin Full Da 3. The number and eligibility of persons to receive the service: Minimum: 4 Maximum: 6 4. Payment to CONTRACTORS for services: Payment made on 7/17/09, 8/21 /09, 12/4/09 and 1 /8/x:010. CLASSES WILL NOT BE HELD ON: 7/3, 11/11, 12/24, 12/25, 12/31, 1/1 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 COMPLI=TE 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.