09-001 Young Chef's AcademyAGREEMIENT
CITY OF CUPERTINO
-' 10300 Torre ,avenue
i Cupertino, CA, 95014 /
~~ (408) 777-3200 NO. ~D ~~
~ l~ ~ Fiscal Year 08/09
BY THIS AGREEMENT made and entered into on the 23rd day of March, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1 Youn~g Chef's Academy (2)
Address: 1336 South Mary 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 shalt provide or furnish the following specified services 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 A~3reement shall commence on A_ Aril 1, 2009 and shall be
completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fee, 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 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 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 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 Df the CITY.
CONTRACT COORDINATOR and representative for CITY shall be: ~J ! 1 ~=`~ ~~a~
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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:
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Title: ~' ~V1~~-2. (,~(d~-w ~ l;4'~~t'Y ~~U;>r'J1 Title: Recreation Coordinator
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Social Security #: d'V ~" ~ 3~ ~ ~ D/
APPROV LS EXPENDITURE DISTRIBUTION
D RT E T HEAD DATE ACCOUNT NUMBER AMOUNT
~- ~ ~ 580-6349-7014 $ 3000.00
CITY L DATE
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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 vvith 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 insl:ructing 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.
EXHIBIT B (~~ervices)
1. The services to be performed by CONTRACTORR:
The contractor shall provide Big/Lil Chef, Kinder Chef, & Jr. Chef Cooking classes.
2. The times and places CONTRACTOR will perform the services:
Summer camps
Spring Classes
Class Site Da and Dates Time A e
Bi /Lil Chef Youn Chefs Academ Tuesda s, 4,~7 to 6/2 10:30 am to 11:30 am 2.5-4.5Y
Bi /Lil Chef Youn Chefs Academ Wednesda ;>, 4/8 to 6/3 6:00 m to 7:00 m 2.5-4.5Y
Bi /Lil Chef Youn Chefs Academ Frida s, 4/10 to 6/5 10:30 am to 11:30 am 2.5-4.5Y
_ Class __ Site_ _ _ Da and Da1tes Time A e
Kinder Chef Youn Chefs Academ Tuesda s, 4,'7 to 6/2 3:00 m to 4:30 m 4.5-6.5Y
Kinder Chef Youn Chefs Academ Thursda s, qi/9 to 6/4 4:00 m to 5:30 m 4.5-6.5Y
Class Site Da and Daites Time A e
Jr. Chef Youn Chefs Academ Wednesda :;, 4/8 to 6/3 4:00 m to 5:30 m 7-11Y
Jr. Chef Youn Chefs Academ Tuesda s, 4~7 to 6/2 5:00 m to 6:30 m 7-11Y
Jr. Chef Youn Chefs Academ Thursda s, 4~/9 to 6/4 6:00 m to 7:30 m 7-11Y
3. The number and eligibility of persons to receive the service:
Chess
Minimum: 4
Maximum: 8
4. Payment to CONTRACTORS for services:
Payment made on 6/12/09
CLASSES WILL NOT BE HELD ON: N/A
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 AIVD VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.