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10-001 Young Chef's AcademyAGREEMENT ` CITY OF CUPERTINO 10300 Torre Avenue ~/ Cupertino, c~A 95014 ~~j ~~~ "Y' (408) 777-3200 NO~~~ ~~ /~ Fiscal Year 09/1 O BY THIS AGREEMENT made and entered into on the 41th day of January, 2010 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to (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 culinary arts 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 ,4greement shall commence on January 5th. 2010 and shall be completed before June 30t". 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of resident fee based on final class roster, minus a $ 10.00 administrative fee per participant 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 liable for acts of CONTRACTOR in performing services described herein. Insurance. Should the CITY require evidence of insurat~ility, 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 <~greement 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 stlall be: ~ E]t~TERED 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. APPROVALS I_XPENDITURE DISTRIBUTION DEPART ~ DATE ACCOUNT NUMBER AMOUNT 7 ~~ 580-6349-7014 $ 8,000.00 CIT L DATE 1 ~ ~~ J ' v EXHIE3IT 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 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 ~igreed 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 ordin~~nce. 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 Big/Lil Chef, Kinder Chef, & Jr. Chef Cooking classes and Summer Camp to participants of the Cupertino Parks and Recreation Winter and Spring programs- 2. The times and places CONTRACTOR will perForm the services: Winter Break Camps Cam Da Dates Time A e Healthy Winter Comfort Food M-F 2/15-2/19 9:00 am to 12:00 pm 5-9 Healthy Winter Comfort Food M-F 2/15-2/19 1 :30 pm to 4:30 pm 9-14 Spring Camps Cam Da Dates Time A e Spring Survival Cooking Camp M-F 4/12-4/16 9:00 am to 12:00 pm 5-9 Spring Survival Cooking Camp M-F 4/12-4/16 1 :30 pm to 4:30 pm 9-14 Winter Classes Class Da Dates Time Age Big/Lil Chef ~ Tuesday 1/5-3/30 10:30 am to 11 :30 am 2.5-4.5Y ~ Big/Lil Chef ~ Friday 1/8 - 4/2 10:30 am to 11 :30 am 2.5-4.5Y Class Da Dates Time A e Lil Chefs Tuesda 1 /5-3/30 6:00 m to 7:00 pm 3-6Y Lil Chefs Wednesda 1/6-3/31 6:00 pm to 7:00 pm 3-6Y Lil Chefs Saturda 1/9-4/3 6:00 m to 7:00 pm 3-6 Y Class Da Dates Time Age Kinder Chefs Tuesda 1/5-3/30 4:00 pm to 5:30 pm 4.5-6.5Y Kinder Chefs Thursda 1/7-4/1 4:00 pm to 5:30 pm 4.5-6.5Y Class Da Dates Time A e Young Chefs for Homeschoolers Thursday 1/7-4/1 10:OOam to 11:30am 8-13Y Class Site Da and Dates Time A e Youn Chefs Wednesda 1/6-3/31 4:00 pm to 5:30 pm 7-11Y Youn Chefs Thursda 1/7-4/1 6:00 m to 7:30 pm 9-12Y Youn Chefs Frida 1 /9-4/2 4:00 m to 5:30 m 7-1 1 Y Youn Chefs Sunda 1/10-4/4 9:00 am to 10:30 am 7-13Y Spring Classes Class Da Dates Time Age Bi /Lil Chef Tuesda 4/6-6/8 10:30 am to 11 :30 am 2.5-4.5Y Bi /Lil Chef Frida 4/9-6/11 10:30 am to 11 :30 am 2.5-4.5Y Class Da Dates Time A e Lil Chefs Tuesda 4/6-6/8 6:00 m to 7:00 m 3-6Y Lil Chefs Wednesda 4/7-6/9 6:00 m to 7:00 m 3-6Y Lil Chefs Saturda 4/1 O-6/5 6:00 m to 7:00 m 3-6 Y Class Da Dates Time ~e ~ Kinder Chefs ~ Tuesday ~ 4/6-6/1 O 4:00 pm to 5:30 pm 4.5-6.5Y ~ Kinder Chefs ~ Thursday 4/8-6/1 O 4:00 pm to 5:30 pm 4.5-6.5Y Class Da Dates Time A e Young Chefs for Homeschoolers Thursday 4/8-6/10 1 O:OOam to 11 :30am 10-15Y Class Site Da and Dates Time A e Youn Chefs Wednesda 4/7-6/9 4:00 m to 5:30 m 7-1 1 Y Youn Chefs Thursda 4/8-6/1 O 6:00 m to 7:30 pm 9-12Y Youn Chefs Frida 4/9-6/1 1 4:00 m to 5:30 m 7-1 1 Y Youn Chefs Sunda 4/1 1-6/6 9:00 am to 10:30 am 7-13Y ~By mutual agreement of both parties, class sch~sdule may change. 3. The number and eligibility of persons to receiive the service: Classes Spring Camps Minimum: O Minimum: O Maximum: 6 Maximum: 6 4. Payment to CONTRACTORS for services: Payment made on 2/26/1 O, 4/2/1 O, and 6/25/1 O 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 RECREATIOIV SCHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS ,4ND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS RESPONSIBLE FOR SUPERVISING PARTI~.^.IPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.