09-001 Heidi Merry Ecker (2)AGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre ~~venue
Cupertino, CA 95014 // 9
~ (408) 777-3200 NO. ~~a~ /
1 / 3 Fiscal Year oq /lo
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BY THIS AGREEMENT made and entered into on the 17th day of June,-~996~by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Heidi Merry Ecker (2!
Address: PO. Box 846 City: Cupertino Zip: 95015 Phone (408) 309-1351
(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 baking 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 per participant for Baking and Sewing classes
$15 per student for Holiday cookie, Thanksgiving treat, and Gingerbread classes
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 ~~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 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 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 DEPAF;TMENT: Parks 8 Recreation
This Agreement shall become effective upon its execution by c:ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
TY CF CUPERTINO:
Social Security #:
APPRQVALS
By: ~,,,.,ca.~
Title: F;ecreation Coordinator
EXPENDITURE DISTRIBUTION
A NT HEAD DATE ACCOUNT NUMBER AMOUNT
~" _ ~1 5fi0-6349-7014 $3,500.00
CLE K ~ DATE /~ Q
U
EXHIBITA
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement ~niith 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 imanner 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.
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide baking classes, holiday baking classes and sewing to students enrolled
in the Cupertino Parks and Recreation Department Summer and fall Programs.
2. The times and places CONTRACTOR will perform the services:
Summer Bakin Saturda s, 7/11 to 7/25 12:00 ~m to 1:30 m 7-11 ears Cu ertino Room
Summer Bakin Frida s, 8/7 to 8/21 4:00 it to 5:30 m 7 -11 ears Cu ertino Room
Basic Sewing Saturdays, 9/12 to
10/17 3:00 pig to 4:30 pm 5-12 years Craft Room
Basic Sewing Saturdays, 10/31 to
12/5 3:00 pir to 4:30 pm 5-12 years Craft Room
Halloween Cookie Class Saturda , 10/24/09 1:00 i~ to 2:30 m 5-12 ears Craft Room
Halloween Cookie Class Frida , 10/30/09 4:30 it to 6:00 m 5-12 ears Social Room
Thanks ivin Dessert Sunda , 11/21/09 1:00 it to 3:00 m 7-12 ears Craft Room
Gin erbread House Sunda , 12/12/09 1:00 it to 2:30 m 5-12 ears Craft Room
~ Gingerbread House Saturday, 12/13/09 12:00 Ism to 1:30 pm
1:00 it to 2:30 m 5-12 years Craft Room
Preschool Room
Elf & Santa Cookie
Plate Thursday, 12/20/09 10:00 ;gym to 11:00 am
1:00 i~ to 2:30 m 5-12 years
5-12 ears Craft Room
3. The number and eligibility of persons to receivE: the service:
Minimum: 5
Maximum: 12
4. Payment to CONTRACTORS for services:
Payment made on 7/31/09, 8/28/09, 11/6/09, 12/4/09, and 12/21/09
CLASSES WILL NOT BE HELD ON:
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 AID 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.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVE~IUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) '777-3223 • FAX: (408) 777-3366
W EBSITE: www.cupe~rtino.org
CUPERTINO
July 6, 2009
Heidi Merry Ecker
PO Box 846
Cupertino, CA 95015
To Whom It May Concern:
A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have
any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure