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03-112 Fremont Union High School district - Senior Center classesCITY OF CUPEI~TINO U 3 '~ (~'' AGREEMENT BETWEEN TIRE CITY OF CUPERTINO AND FREMONT UNION Hl[GH SCHOOL DISTRICT FOIEt PROVIDING CLASSES AT CUPERTINO S ENIOR CENTER THIS AGREEMENT, dated , is by and between the CITY OF CUPERTINO, a municipal corporation ("CITY"), and FREMONT UNION HIGH SCHOOL DISTRICT, ("CONTRACTOR"), in consideration of their mutual ~~ovenants, the parties hereto agree as follows: 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 F,xhibit A. 2. Time for Performance The term of this Agreement shall be from September 2, 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. Duties of CITY CITY agrees to furnish room space for CONTRACTOR'S classes. 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 vrithout 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 a~ntractor 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 or 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. CITY agrees to indemnify and hold harmless (CONTRACTOR, its officers and employees from any and ail 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 or damage to persons or property arising out of or in any way connected with any negligent act or omission of CITY, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CITY's performance under this Agreement. 8. CITY Representative Julia A. Lamy, Recreation SuQervisor, as the City Manager's authorized representative, shall represent CITY in all matters pertaining to the service, 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, Barbara Lacerenza shall represent CONTRACTOR in all matters pertaining to the services and facilities to be rendered under this Ageement. All requirements of CONTRACTOR pert~~ining to the services and facilities to be provided undem this Agreement shall be coordinated through the CONTRACTOR representative. 10. Notices All notices required by this Agreement shall be 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, Cupertino Senior Center, 21251 Stevens Creek Boulevard, Cupertino, CA 95014 To CONTRACTOR: Barbara Lacerenza, Program Coordinator, Adult Community Education, Fre nt Union High School ;~,.----,'~. ^~^~ 5q j yt%~Sf- ~~n~wwt- /~v~e... 5/Mn y~va.kt~ G/~I ~!' `~~~ ~ 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 to ephone 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 notices shall be deemed communicated as of three days after date of mailing. 11. Assi nment Neither party shall assign or sublet any portion. of this Agreement without the prior written consent of the other party. 12, Termination This Agreement can be terminated by either C C I'Y or CONTRACTOR upon provision of thirty (30) days written notice. 13, Entire Agreement, Amendment This writing constitutes the entire agreement between the Parties relating to the services and facilities to be provided or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evide:need by a writing signed by all Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement. APPROVALS: rr~~ ~~~ v~ City Clerk CITY OF CUPERTINO (" Y") By Title c4~ j ur ~esi~' FREMONT UNION HIGH SCHOOL DISTRICT ("CONTRACTOR") - Title DI C I 2 ~ MV N (i ~f ~ ~iJ~CO~~-tr~N EXHI[BTT "A" The following outlines the conditions on which the CONTRACTOR will provide classes far older adults to the CITY. 1. Facitity Usage CONTRACTOR shall be permitted to use the CTT~"s facility to provide the following classes: Low Impact Aerobics: Monday through Thursday 8:10 a.m. - 9:10 a.m.; Tuesday & Thursday 10:45 a.m. - 1:15 a.m.; Monday & Wednesday 3:50 p.m. - 4:55 p.m.; Monday 8t Wednesday 5:15 p.m. - 6:30 p.m. Tai Chi: Monday, 10:00 a.m. -11:30 a.m. Line Dancing: Wednesday,10:10a.m. -1:10 p.m. Watercolor: Wednesday, 9:15 a.m. -12:15 p.m. anti 6:00 p.m. - 8:00 p.m. Asian Brush Fainting: Thursday, 6:00 p.m. - 8:00 p.m. Knitting: Friday, 9:00 a.m. -11:00 a.m. Jewelry Design: Friday, 9:00 a.m. -12:00 p.m. Creative Gift Wrapping: Wednesday, 6:00 p.m. - !):OOp.m. Greeting Cards: Ixriday, 9:00 a.m. -11:30 a.rn. Japanese Flower Arranging. Tuesday, 1:00 p.m. - .3:00 p.m. and 5:00 p.m. - 7:00 p.m. Calligraphy. Wednesday,l:0(J p.m. - 3:00 p.m. 5eniar Survival English: Tuesday, 10:00 a.m. -12:00 p.m. and 1:00 p.m. - 3:00 p.m.; Thursday 9:00 a.m. - 11:00 a.rn. Memoir Writing. Friday, 9:00 a.m. -11:00 a.m. Italian Language; Monday, 10:00 a.m. - 2:15 p.m. Spanish Language: Tuesday, 4:00 p.m, - 5:30 p.m. Bridge: Thursday, 8:10 a.m. -12:00 p.m. and 1:30 p.m. - 3:30 p.rn. 2. Program Registration CONTRACTOR shall process all registration for CQNTRACTOR's classes. Participants in CONTRACTOR's class must register as the CITY's Senior Center Membership.