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04-001, Theater Fun, Carol Romo AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO.tJPPS-4-~ 7-.J Fiscal Year BY THIS AGREEMENT made and entered into on the 13th day of September, 2004 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Theater Fun (2) Carol Romo 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: Magic of Theater workshops, Hip Hop dance workshops, Improv Workshops, Cheer classes and Theater 101c1asses for the Afterschool Enrichment Program. 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 October ~ be completed before March 18, 2005. //' !~ .::J COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:' f $64.00 per student per Improv Workshop, Hip Hop Workshop, Theater 101 class and Cheer class. "~ $ 69.00 per student per Magic of Theater class. \ I I, f ,:'7"m!J ~ GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, an. s 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 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: 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. CONTRACTO~ // By: ~~ Title: CITY OF CUPERTINO: By: L....~ Title: Recreation Coordinator EXPENDITURE DISTRIBUTION ACCOUNT NUMBER 580-6349-7014 AMOUNT $ 10,000.00 EXHIBIT B (Services) 1. The services to be performed by CONTRACTOR: The contractor shall provide Magic of Theater classes, Theater 101 classes, Hip Hop workshops, Inprov Workshops, and Cheer classes and to students enrolled in the Afterschool Enrichment Program. 2. The times and places CONTRACTOR will perform the services: Fall Session Co llins Magic of Theater Monday 0 3:45 pm to 4:45 pm Eaton Magic of Theater Tuesday I 2:40 pm to 3:40 pm Eisenhower Magic of Theater Wednesday 0<. 3:10 pm to 4:10 pm Montclaire Magic of Theater Thursday / 3:10 pm to 4:10 pm Sedgwick Magic of Theater Thursday ~ 3:40 pm to 4:40 pm West Valley Magic of Theater Friday a 2:45 pm to 3:45 pm Lincoln Magic of Theater Friday '5 3:45 pm to 4:45 pm Cupertino Middle Theater 101 Wednesday / 3:00 pm to 4:00 pm Stocklmeir Cheer Thursday 0 3:15 pm to 4:15 pm Winter Session Eisenhower Magic of Theater Wednesday 3:10 pm to 4:10 pm Eaton Improv Workshop Tuesday 2:40 pm to 3:40 pm Cupertino Middle Improv Workshop Wednesday 3:00 pm to 4:00 pm Montclaire Theater 101 Thursday 3:10 pm to 4:10 pm Sedgwick Theater 101 Thursday 3:40 pm to 3:40 pm Stocklmeir Hip Hop Dance Thursday 3:10 pm to 4:10 pm West Valley Hip Hop Dance Friday 2:45 pm to 3 :45 pm Lincoln Hip Hop Dance Friday 3:45 pm to 4:45 pm 3. The number and eligibility of persons to receive the service: Minimum = 5 Maximum = 25 4. Payment to CONTRACTORS for services: Payment made on 10/22/04, 12/17/04 for fall classes. Payment made on 214/05 and 3/25/05 for winter classes. CLASSES WILL NOT BE HELD ON: 10/11, 10/12, 10/13, 10/14, 10/15, 10/18, 10/19, 11/1, 11/11, 11/12, 11/24, 11/25, and 11/26 DURING THE FALL CLASSES AT COLLINS, WEST VALLEY, EATON, EISENHOWER, SEDGWICK, STOCKLMEIR, MONTCLAIRE AND LINCOLN SCHOOLS WHERE CLASSES BEGIN THE WEEK OF 10/4/04 CLASSES WILL NOT BE HELD ON 11/24 AT CUPERTINO MIDDLE SCHOOL FOR CLASSES THAT BEGIN THE WEEK OF 10/4/04. CLASSES WILL NOT BE HELD ON 1/17/05, 1/28/05, 2/21/05, 2/22/05, 2/23/05, 2/24/05, and 2/25/05 DURING THE WINTER CLASSES AT COLLINS, WEST VALLEY, EATON, EISENHOWER, SEDGWICK, STOCKLMEIR, MONTCLAIRE, CUPERTINO MIDDLE AND LINCOLN SCHOOLS, WHERE CLASSES BEGIN THE WEEK OF 1/10/05. EXHIBIT A 1. The City reserves the right to terminate this Agreement with 3D days notice. The Contractor may terminate this Agreement with a 3D-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 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. The Contractor shall not promote his/her business to participants registered in the City's programs.