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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 y° ~`~ v ID 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 ~ :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.