09-001 Slab Happy Ceramics, Trudi BurneyAGREE~JIENT
CITY OF CUPERTINO
~~ 10300 Torre Avenue
~ Cupertino, CA. 95014
~ ~ (408) 777-3200 NO. ~~~~
~/ ~ ~ Fiscal Year ~q _ - o
BY THIS~AGI~EMENT made and entered into on the 17`" day (-f June, 2009 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Slab Happy Cerarics (2) Trudi Burney
Address: 13210 Via Madronas Drive City: Saratoga _Zip: 95070 Phone: (408) 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:
Instruction of ceramics classes and ceramics birthday parties.
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 resident fee, minus a $ 10.00 administrative fee per ~-articipant
Ceramics Birthday Parties: 80% of the total generated revenue.
Material Fee of $3 per participant per class.
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 insurabilil: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 transferre(i 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 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.
CONTRACT
By: `
Title: ..~C.6~
Social Security #: g 7Z- 2J''~6D ~
CITY CAF CUPERTINO:
By: ~~ o..,., '
Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
PA T E .HEAD DATE ACCOUNT NUMBER AMOUNT
580-6349-7014 $ 15,000.00
E K DATE
~ .r~Q
3~
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement vvith 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, at any time, observe the manner in which
such services are being performed by the Contractor.
5. The Contractor shall comply with all applic~~ble 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.
EXH I BIT B (;~elvices)
1. The services to be performed by CONTRACTOI~:
The contractor shall provide ceramics and potter's wheel classes to students enrolled in the Cupertino
Parks and Recreation Department Programs.
2. The times and places CONTRACTOR will perform the services:
Summer Camps and Classes
Fresh Air Art Camp Mondav to Fridav. 9:00 am to 12:00 pm 5-7Y
6/22 to 6/26
6/29 to 7/2
7/6 to 7/10
7/13 to 7/17
7/20 to 7/24
7/27 to 7/31
8/3 to 8/7
8/10 to 8/14
Fresh Air Art Camp Mondav to Fridav; 1:00 pm to 4:00 pm 8-12Y
6/22 to 6/26
6/29 to 7/2
7/6 to 7/10
7/13 to 7/17
7/20 to 7/24
7/27 to 7/31
8/3 to 8/7
8/10 to 8/14
Intermediate Potters Wheel for Adults 6/25 to 8/13 7:00 m to 9:00 m 18+
Falt Classes
Clay and Play Wednesday, 9/9 to 10/7 10:45 am to 11:45 am 2-4 Y
10/14 to 12/16
Mixed Up Art Tuesday, 9/9 to 10/14 10:45 am to 11:45 am 2-4 Y
10/28 to 12/16
Mixed Up Art Monday, 9/14 to 10/5 3:30 pm to 4:30 pm 5-8 Y
Monday, 10/12 to 12/12
Tuesday, 9/8 to 10/6 3:30 pm to 4:30 pm
Tuesda , 10/13 to 12/15
Clay Crafting Wednesday, 9/9 to 10/7 3:30 pm to 4:30 pm 5-8 Y
Wednesday, 10/14 to 12/16
Thursday, 9/10 to 10/8 3:30 pm to 4:30 pm
Thursda , 10/15 to 12/17
Mixed Up Art - Monday, 9/14 to 10/5 2:00 pm to 3:00 pm All ages
Homeschoolers Monda , 10/12 to 12/114
Mixed Up Art Wednesday, 9/9 to 10/7 4:45 pm to 5:45 pm 9-13Y
Wednesda , 10/14 to 12/16
Beginning Potter's Wheel Monday, 9/14 to 10/5 7:b0 pm to 9:00 pm 18+
Monday, 10/12 to 12/14
Intermediate Potter's Wednesdays, 9/9 to 10/7 7:00 pm to 9:00 pm 18+
Thursda , 10/14 to 12/16
Morning for Mom's Thursdays, 9/10 to 10/8 10:45 am to 11:45 am 18+
Thursda s, 10/15 to 12/17
3. The number and eligibility of persons to receive the service:
Ceramics Classes Wheel Classes
Minimum: 4 Minimum: 2
Maximum: 12 Maximum: 6
4. Payment to CONTRACTORS for services:
Payment made on 7/24/09, 8/21/09, 10/16/09 and 12/18/09.
Payment for the Birthday Parties made on 7/24/09, 8/21/09, 9/25/09, 10/16/09/08, 11/20/09, and
12/18/09
CLASSES WILL NOT BE HELD ON: 7/3, 7/4, 9/7, 11/11, 11/26, 11/27, and 11/28
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 PAFTICIPANTS AIND 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.