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03-091 Cupertino Senior Citizens for Older Adult Studies03 -d~ ~ ~+-~ .1 CITY OF CUPEI~TINO AGREEMENT BETWEEN TIIE CITY OF CUPERTINO ~ ~FC~' IV~b AND DE ANZA, COLLEGE FOR ~JUL 2 9 ?_003 PROVIDING CLASSES AT CUPERTINO SENIOR CENTE R FOR ODER ADULT STUDIES BY. THIS AGREEMENT, dated _ '~cl ~/ ~ `l r ~©~is by and between the CITY OF CUPERTINO, a municipal corporation ('CITY"), and DE ANZA COLLEGE, ("CONTRACTOR"), in consideration of their mutual covenants, the parties hereto agree as follows: 1. Services by CONTRACTOR CONTRACTOR shall provide services in accordance with Exhibit A, attached and incorporated by reference. The Parties agree that the nature of the services to be provided by CONTRACTOR necessitate that the services be performed on CITY's premises, located at 21251 Stevens Creek Boulevard, Cupertino, California. CITY therefore agrees to furnish space for CONTRACTOR on its premises and use of its equipment, as set forth in Exhibit A. 2. Time for Performance The term of this Agreement shall be from Seprember 22, 2003 through June 30, 2004, unless otherwise terminated. The Parties may join in a quarterly review of performance under the Agreement to consequently resolve any mutually identified issues of concern through good faith negotiation. 3. Duties of CITY CITY agrees to furnish room space for CONTRACTOR'S classes. 4. Compensation NONE Compliance with Laws a. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, age (persons 40 years or older), disability, or any other basis to the extent prohibited by federal, state or local law. All employees of CONTRACTOR shall be treated during employment without regard to their race, creed, color or national origin. b. CONTRACTOR shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies in any manner affecting the performance of the Agreement. 6. Independent Contractor CONTRACTOR is acting as an independent contractor in furnishing the services and facilities and performing the work required by this Agreement, and is not an agent, servant or employee of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR. CONTRACTOR is solely responsible for its obligations of required state and federal taxes. Printed on Recycled Paper 7. Indemnity CONTRACTOR agrees to indemnify and hold harmless CITY, its officers and employees from any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys' fees in connection with any injury ar damage to persons or property arising out of or in any way connected with any negligent act or omission of CONTRACTOR, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONTRACTOR's performance under this Agreement. 8. CITY Representative Julia A. Lamy. Recreation Supervisor, as the City Manager's authorized representative, shall represent CITY in all matters pertaining to the services to be rendered under this Agreement. All requirements of CITY pertaining to the services and facilities to be provided under this Agreement shall be coordinated through the CITY representative. 9. CONTRACTQR Representative The CONTRACTOR's Program Coordinator, Paula D. Ahrens shall represent CONTRACTOR in all matters pertaining to the services and facilities to be rendered under this Agreement. All requirements of CONTRACTOR pertaining to the services and facilities to be provided under this Agreement shall be coordinated through the CONTRACTOR representative. 10. Notices All notices required by this Agreement shall b e in writing, and shall be personally delivered, sent by first class mail with postage prepaid, or sent by commercial courier, addressed as follows: To CITY: Julia A. Lamy, Recreation Supervisor, Cupe-rtino Senior Center, 21251 Stevens Creek Boulevard, Cupertino, CA 95014 To CONTRACTOR: Paula D. Ahrens, Program Coordinator, De Anza College 21250 Stevens Creek Boulevard, Cupertino, CA 95014 Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by telephone or facsimile transmission, to accomplish timely communication, However, to constitute effective notice, written confirmation of a telephone conversation or an original of a facsimile transmission must be sent by first class mail or commercial carrier, or hand delivered. Each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed ~iotices shall be deemed communicated as of three days after date of mailing. 11. Assignment Neither party shall assign or sublet any portior.~ of this Agreement without the prior written consent of the other party. 12. Termination This Agreement can be terminated by either C:[TY or CONTRACTOR upon provision of thirty (30) days written notice. 13. F,ntire Agreement, Amendment This writing constitutes the entire agreement between the Parties relating to the services and facilities to be provided or materials to be. fitrnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by all Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement. APPROVALS: __1~~~ City Clerk CITY QP CUPERTINO (" Y") By Tit e /C ~'-(i/ c.-~+ c`Q~1 ~/yG/'t//~~' DE AN7A COLLEGE ("CONTRACTOR") By Title ~~ 0 -/' ~L~ ' ~~~ S V° G`j EXHIBIT "A" The following outlines the conditions on which the CONTRACTOR will provide classes for older adults to the C1TY. 1. Facility Usage CONTRACTOR shall be permitted to use the CTI'Y's facility to provide the following classes: Chorus: Mondays, 9:30 A.M. to 11:10 A.M. Contemporary Social Science: Tuesday, 20:30 A.M. to 12:10 P.M. Senior Issues: Wednesdays, 10:00 A.M. to 11:40 A.l\1. Painting Oil & Acrylic: Thursdays, 8:30 A.M. to 10:30 A.M. Outdoor Fitness in Nature: Thursdays, 9:00 A.M. to 12:40 P.M. Introduction to Drawing: Thursdays, 11.:30 A.M. to 1:30 P.M. _ Exercise: Mondays & Wednesdays, 9:10 A.M. to 10:00 A.M. --- Exercise: Tuesdays & Thursdays,1:30 P_M_ to 2:20 P_M_ , ~ ,- G ='=~. 2. Pragrarn Registration ~ry5 ~ ~vr~~ CONTRACTOR shall process all registration for CONTRACTOR's classes. Participants in CONTRACTOR'S class must sign the CITY'S waiver of liability prior i.o starting class. Membership to the Cupertino Senior Center is optional for CONTRACTOR"s participants.