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09-001 Young Chef's Academy (2)V' 42~ ~ AGREE~JIENT CITY OF CUPERTINO 10300 Torre ~~venue Cupertino, CA 95014 (408) 777-3200 NO. ~b ~l~ Fiscal Year 09/10 BY THIS AGREEMENT made and entered into on the 17"' day of June, 2009 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1)Young Chef's Aca~iemv 12) Address: 1336 South Marv City: Sunnyvale Zip: 94087 Phone: (408) 738-2433 (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 s~arvices and/or materials: Instruction of engineering and construction concepts classes with erector sets. 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: 70% of resident fee, minus a $ 10.00 administrative fee per ~~articipant 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 Agreerrient. 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 transferrec 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: ~ , • ~'3 tag '~ ,J ~~ ~ ~ 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. CONTRACTOR: CITY OF CUPERTINO: By: ~- By: ~_ Title: Title: Recreation Coordinator Social Security #: ~V ~ ~ v ~ ~ ( ~"~ APPROVALS EXPENDITURE DISTRIBUTION OE TM NT HEAD DATE ACCOUNT NUMBER AMOUNT 580-6349- $ 8,000.00 Y L K DATE ~ 0 9 '~~ ~ 9 EXHIBIT A 1. The City reserves the right to terminate this 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 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 CONTRACTOR: The contractor shall provide Big/Lil Chef, Kinder Chef, & Jr. Chef Cooking classes and Summer Camp to participants of the Cupertino Parks and Recreation Summer and fall programs. 2. The times and places CONTRACTOR will perform the services: Summer Camps -The Great Kitchen Mystery Class Site Da and Dates Time A e Freezer Pleaser Riddle YCA Monday to Friday 9:00 am to 12:00 pm 5-7 6/15 to 6/19, 2009 1:30 m to 4:30 m 9-13 Key to the Garden Gate YCA Monday to Friday 9:00 am to 12:00 pm 5-7 6/22 to 6/26, 2009 1:30 m to 4:30 m 9-13 Quest for the Baker's Dozen YCA Monday to Friday 9:00 am to 12:00 pm 5-7 6/29 to 7/3, ?.009 1:30 m to 4:30 m 9-13 Sign of Twisted Pasta YCA Monday to Friday 9:00 am to 12:00 pm 5-7 7/6 to 7/10, x'_009 1:30 m to 4:30 m 9-13 Pantry Password YCA Monday to Friday 9:00 am to 12:00 pm 5-7 7/13 to 7/17, 2009 1:30 m to 4:30 m 9-13 Case of the Smoking Grill YCA Monday to Friday 9:00 am to 12:00 pm 5-7 7/20 to 7/24, 2009 1:30 m to 4:30 m 9-13 Puzzle of Perfect Plate YCA Monday to Friday 9:00 am to 12:00 pm 5-7 7/27 to 7/31, 2009 1:30 m to 4:30 m 9-13 Best of Summer YCA Monday to Friday 9:00 am to 12:00 pm 5-7 8/3 to 8/7, 2009 1:30 m to 4:30 m 9-13 Celebrity Chefs YCA Monday to Friday 9:00 am to 12:00 pm 5-7 8/10 to 8/14, 2009 1:30 m to 4:30 m 9-13 *YCA=Young Chefs Academy Fall Classes Class Site Da and Dates Time A e Bi /Lil Chef YCA Tuesda s, 9/8 to 10/.?7 10:30 am to 11:30 am 2.5-4.5Y Bi /Lil Chef YCA Tuesda s, 11/3 to 12/15 10:30 am to 11:30 am 2.5-4.5Y Bi /Lil Chef YCA Frida s, 9/11 to 10/3() 10:30 am to 11:30 am 2.5-4.5Y Bi /Lil Chef YCA Frida s, 11/6 to 12/1(3 10:30 am to 11:30 am 2.5-4.5Y Class Site Da and Dates Time A e Lil Chefs YCA Tuesda s, 9/8 to 10/:?7 6:00 m to 7:00 m 3-6Y Lil Chefs YCA Tuesda s, 11/3 to 12/15 6:00 m to 7:00 m 3-6Y Lil Chefs YCA Wednesda s, 9/9 to '10/28 6:00 m to 7:00 m 3-6 Y Lil Chefs YCA Wednesda s, 11/4 tc 12/16 6:00 m to 7:00 m 3-6 Y Class Site Da and Dates Time A e Kinder Chefs YCA Tuesda s, 9/8 to 10/:?7 4:00 m to 5:30 m 4.5-6.5Y Kinder Chef YCA Tuesda s, 11/3 to 12/15 3:00 m to 4:30 m 4.5-6.5Y Kinder Chefs YCA Thursda s, 9/10 to 10/29 4:00 m to 5:30 m 4.5-6.5Y Kinder Chefs YCA Thursda s, 11/5 to 1:?/17 4:00 m to 5:30 m 4.5-6.5Y OFFICE OF THE Cn'Y CLERK CITY HALL 10300 TORRE AVE~JUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cup~~rtino.org CUPERTINO July 21, 2009 Young Chef's Academy 1336 South Mary Sunnyvale, CA 94087 To Whom It May Concern: A copy of the fully executed agreement witf•i 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