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10-001 Heidi Merry Ecker (2) AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 �7�T� / ` (408) 777 -3200 NO. U v TT / V _ 3o� FY 10 -11 BY THIS AGREEMENT made and entered into on the 1 day of July, 2010 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) a - id (1) Heidi Merry 950145 (Here in after referred to as CONTRACTOR), in cony ideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: baking classes. 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 .Agreement shall commence on July 1, 2010 and shall be completed before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Camps: 75% of the final roster fees minus a $10 administration fee per participant Classes: $15 per student based on final roster 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 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 of the CITY. CONTRACT COORDINATOR and representative for CIT'►' shall be: NAME: Lauren Phillips DEPARTMENT: Parks & Recreation EN TERE D 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. #: Title: Re re on Coordinator APPR VALS EXPENDITURE DISTRIBUTION A T ENT HEAD DATE ACCOUNT NUMBER AMOUNT 58 6349 -7014 $ 7,000.00 - � DATE 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 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 applicable 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 business 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 to students. , l 2. The times and places CONTRACTOR will perfa 4144 � 111�1� Please refer to the City of Cupertino recreation brochurf / / �/Jj, 7 . 3. The number and eligibility of persons to receive t Minimum: 1 Maximum: 8 4. Payment by the City to the Contractor for services: 11/:5, 11/26, 1/7 CLASSES WILL NOT BE HELD ON: 11 /11, 11,25,11/26 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. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT /GUARDIAN HAS ARRIVED. o PARKS AND RECREATION DEPARTMENT / , h , QUINLAN COMMUNITY CENTER ��� 10185 NORTH STELLING ROAD • CUPERTINO, CA 95014 (408) 777 -3120 • FAX (408) 777 -1305 CUPERTINO ADDENDUM to contract # 56911- Heidi Merry Ecker To: City Clerk From: Dave Jahns, Cupertino Parks and Recreation Department Date: December 15, 2010 Re: Addendum to existing contract Contractor, Heidi Merry Ecker will be compensated according to the following category descriptions: -Camps changed to Camps and Series Classes -Classes changed to Single Classes Note: The terms of this addendum supersedes the pre- existing terms. All other terms in the existing contract # 56911 remain intact. City of Cupertino: Co tractor: it Title: R creation Coordinator • By: ��: Tit's • - creation Supervisor POSITIVE • HEALTHY • CONNECTED ♦ COMMUNITY AGREEMENT CITY OF CUP3RTINO 10300 Torre Avenue Cupertino, CA 950147 (`' / (408) 777 -3200 NO U v�J V3 0)-s't FY 10 -11 BY THIS AGREEMENT made and entered into on the I' day of July, 2010 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Heidi Merry Cupertino CA 950145 (Here in after referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: baking classes. 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 Agreement shall commence on July 1, 2016 and shall be completed before Tune 30, 2011$ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Camps: % pS G .. e 4er. :e5 L%<SSdS" 75% of the final roster fees minus a $10 administration fee per participant Classes: " S : -3l a C lc 5 S e'S " $15 per student based on final roster 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 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 transfened 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 shall be: jej s DEPARTMENT: Parks & Recreation ENT NAME: Lauren Phillips ENTERED 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. CO /I � TQ • : CITY OF CUPERTI _ _ � fclan F � ' 1 .1 '�. B y : Social Security #: " Title: Ret e. on Coordinator APPR 1 VALS EXPENDITURE DISTRIBUTION DATE ACCOUNT NUMBER AMOUNT �• " ' T NT HEAD C-_-- 0 $ 7,000.00 '� L RK �„ /, --� � 580 - 6349 -7014 �✓� -- 6 �q -.22q ✓