10-001 CLAP Arts, Sharon DeSouzaAGREE=MENT
CITY OF CUPERTINO
10300 Torre Avenue L
C(408)17TT 32005014 NO. ~~`~
~ Fiscal Year 0911 O
BY THIS AGREEMENT ma a and entered into on the 5th day of January, 2010 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) CLAP arts (2L~aron 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 services and/or materials:
Instruction of performing arts classes.
EXHIBITS: The following attached exhibits hereby are made Flart of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this ,4greement shall commence on January 5. 2010 and shall be
completed before July 2. 2010.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
Winter Classes and Camps
75% of the resident fee, minus a $10.00 administrative fee per participant
Spring Classes and Camps
$64 per student for Musical Revue class based on final class rosters
$120 per student for half~lay camps based final class rostr~rs
$245 per student for full-day camps based on final rosters
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 {table 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 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 transferred 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: ~~ 1 l ~~,~j~
NAME: Christine Hanel DEPARTMENT: ParKs 8 Recreation
This Agreement shall become effective upon its execution try CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY ~JCIJPERTINO:
Title: c~ -r.~c~ Title: Recreation Supervisor
APPROVALS EXPENDITURE DISTRIBUTION
DEPART DATE P~CCOUNT NUMBER AMOUNT
~ '.i80-6349-7014 __ ---------
~~ $ 20,000.00
CITV CLERK ATE
~,~„ ili s /io _
j ~
J
EXHIBIT [?'~ (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 peri`orm the services:
Winter Classes
Drama Discove Thursda s - 1/14 to 3/25 4:15 pm to 5:00 pm 3-5 Y C1CC -Cupertino Room
Dance, Act, Perform! Thursdays - 1/14 to 3/25 5:15 pm to 6:15 pm 6-12 Y C~CC -Cupertino Room
Winter Camps
Princess Ballerina Camp 2/16 to 2/19 10:00 am to 12:00 pm 6-9 Y C~CC -Cupertino Room
Center Sta a Camp 2/16 to 2/19 9:00 am t:o 12:00 pm 6-12Y MVRC -Room 1
Ho warts Cam 2/16 to 2/19 1:30 m to 4:30 m 6-12 Y C~CC - Cu ertino Room
Dance, Act, Perform! Camp 2/16 to 2/19 1:30 pm to 4:30 pm 6-12Y MVRC -Room 1
S rin Classes
Act One Monda s - 4/5 to 5/24 5:Ci0 pm to 6:00 m 5-1 O Y MVRC -Kitchen
Musical Revue Wednesdays - 4/7 to 5/26 5:Ci0 pm to 6:00 pm 6-12 Y MVRC -Kitchen
S ring Camps
Center Sta a Cam 4/12 to 4/16 9:°.O am to 12:30 m 6-12 Y MVRC -Room 1
Musical Revue Cam 4/12 to 4/16 1 :°'.O m to 4:30 m 6-12 Y MVRC -Room 1
Dance Act Perform Cam 6/14 to 6/18 1:~t0 m to 4:30 m 6-12 Y MVRC -Room 1
Ho warts Camp 6/14 to 6/18 9:x;0 am to 12:30 m 6-12 Y MVRC -Room 1
Ho warts Cam 6/28-7/2 1:x.0 m to 4:30 m 6-12 Y MVRC -Room 1
Hogwarts/Dance, Act,
Perform All Da Cam 6/14 to 6/18 9:~,0 am to 4:30 pm 6-12 Y MVRC -Room 1
Musical Revue All Day Cam 6/21 to 6/25 9:°~O am to 4:30 m 6-12 Y MVRC -Room 1
Musical Revue Cam 6/21 to 6/25 9:~;0 am to 12:30 m 6-12 Y MVRC -Room 1
Musical Revue Camp 6/21 to 6/25 1:~',O am to 4:30 pm 6-12 Y MVRC -Room 1
"By mutual agreement of both parties, class schedule may change.
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 15
4. Payment to CONTRACTORS for services:
Payment made on 2/26/10, 5/7/1 O and 7/9/10
CLASSES WILL NOT BE HELD ON: 1/18, 2/15, and 5/31
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 PARTICIPANT~~ AND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE
RESPONSIBLE FOR SUPERVISING PART"ICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
EXHIBIT A
1. The City reserves the right to terminate: this 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 employees who will assist in the pertormance 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 uK~on 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 pertorms the services to
be pertormed. Nevertheless, City may, at ~~ny time, observe the manner in which such
services are being pertormed 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 C~usiness to participants registered in the
City's programs-