10-001 Heidi Merry Ecker,3oyS~
AGREEMENT
CITY OF CUPERTINO
10300 Torn Avenue
Cupertino, C;A 95014
(408) 77'.7-3200
NO. ~~b ~~~
Fiscal Year 09/1 O
BY THIS AGREEMENT made and entered into on the 7~" day of January, 2010 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Heidi Merry Ecker (2~
Address:
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 Dart of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on January 7. 2010 and shall
be completed before June 30. 2010.
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 camps based on
final rosters
$15 per student Valentine Cookies, Spring Bunny Cookiies, and Spring Cookie Basket classes based on final
rosters
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 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 A~~reement 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 cerl:ifies 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 sh<311 be: ~ ~~~~~
NAME: Christine Hanel DEP/1RTMENT: Parks 8 Recreation
This Agreement shall become effective upon its execution bar CITY. In witness thereof, the parties have executed this
Agreeme the day and year first written above.
Title: Recreation Coordinator
Social Security #: /
APPROVQL~ A,y~
EXPENDITURE DISTRIBUTION
DEPAR DATE
r ACCOUNT NUMBER AMOUNT
,, "' /~
7~ ~~ 580-6349-7 $3,500.00
CITY ERK p
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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 ~ :ity 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 2igreed 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 appli~~able 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.
6. The Contractor shall not promote his/her I~usiness 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:
Basic Sewin Cam Tuesda -Frida 2/16-2/19 9:30 am to 12:30 m 8-14 ears Conference Room
Valentine Cookies Saturda 2/13 1 :00 m to 2:30 5-12 ears Craft Room
Valentine Cookies Saturda 2/13 4:00 m to 5:30 m 5-12 ears Social Room
S rin Cookie Basket Frida 4/2 4:00 m to 5:30 m 5-8 ears Craft Room
S rin Bunn Cookies Saturda 4/3 10:00 am to 11:30 am 5-12 ears Craft Room
S rin Bunn Cookies Saturda 4/3 1:00 m to 2:30 m 5-12 ears Craft Room
Basic Sewin Cam Monde -Frida 4/12-4/16 9:00 am to 11:00 m 8-14 ears Creekside
Cupcakes and
Cookies Cam Monday-Friday, 4/12-4/16 12:00 pm 2:OOpm 8-14 years Creekside
*By mutual agreement of both parties, class schedule may change.
3. The number and eligibility of persons to receive the service:
Minimum: 5
Maximum: 12
4. Payment to CONTRACTORS for services:
Payment made on 2/26 and 5/7.
CLASSES WILL NOT BE HELD ON:
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 .AND 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.