11-001 Young Chef's Academy\)(f\v~ 'jcL0V\S
\ ~ AGREEMENT / . 4-CITY OF CUPERTINO 1 10300 Torre Avenue
1 / A Jj/7 Cupertino, CA 95014 v _.....l-f' (408)777-3200
BY THIS ~GREEME:NT made and entered into on the 1st day of July, 2011 by and between tt1e CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (11Young Chef's Academ.:l ... ill.~--.,----~-
(Hereinafter referred to as CONT"ACTOR), 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 a
TERMS: The services and/or materials furnished under this Agreement shall commence on JJ!!'L 1, 2011 and shall be completed before June 30. 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fee based on final class roster, m'inus a $ 10.00 administrative fee per participant
GENERAL TERMS ANO CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers. agents, and employees from
any and all damage and ljability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. CllY 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 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 authori:zed 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 CffY. No cnanges or
variations of any kind are authorized without the written consent of the CITY.
NAME: Daye Jahns De'.PARTMENT: Parks & Recreation VB ENTERED CONTRACT COORDINATOR and representative for CITY shall be:
This Agreement shall become effective upon its execution by CITY. ln witness thereof, the parties have executed this
Agreement the day and year first written above.
CONrOR
By: Ot.Vvl-~
CITY OF CUPERTINO;
By:~~
Title: ---~--
Social Security#:
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBl.'!R AMOUN"r 580-6349-7014 $ 23,000.00
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EXHIBIT 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 agreed upon time for the commencement
of services to be performed by Contractor, City may cancel and withdraw from 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.l.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 Cooking classes and Summer Camps to participants of the Cupertino
Parks and Recreation programs.
2. The times and places CONTRACTOR will perform the services:
Please refer to the Cupertino Parks and Recreation seasonal brochure.
3. The number and eligibility of persons to receive the service:
Minimum: O
Maximum: 6
4. Payment to CONTRACTORS for services:
Payments will be made in two separate payments per season. The week after the half way point and
the final payment a week after services are over.
CLASSES WILL NOT BE HELD ON: Observed City Holidays
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 AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.