09-001 Sports, Fitness & KarateAGREE~/1ENT
CITY OF CUPI=RTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 NO. ~~ '~~j
~ I Fiscal Year ~ - c~
BY THIS AGREEMENT made and entered into on the 22nd day of January, 2009 by and between the
CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) anti
(1) Sports, Fitness, & Karate, INC (2) Marv Crawford
Address: 10051 Pasadena Ave Suite 10 City: Cupertino Zip: 95014 Phone: (408) 261-3594
(Hereinafter 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:
Karate and sports instruction for the Afterschool Enrichment Pro~~ram
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 February 9, 2009 and shall
be completed before June 5, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, minus a $ 10.00 administrative fee pier participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harlrless 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 ~3cts 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 Agreerrlent. 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 transferrecl 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: ~ Elf TERED
NAME: Susan Lewis DEPAF:TMENT: Parks & Recreation
This Agreement shall become effective upon its execution by c:ITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CITY OF CUPERTINO:
<`~
APPROVALS
,~ Ca- I~l ~~1 ~'~ ~~
~~ ~ ~
Title: F;ecreation Coordinator
EXI~ENDITURE DISTRIBUTION
DE R ME HEAD DATE ACCOUNT NUMBER AMOUNT
5>:10-6349-7014 $ 10,000.00
CI E K DATE A
~ ~ 0 /y
J
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement v/ith 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 imanner 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~ible 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 (Services)
1. The services to be performed by CONTRACTOIR:
The contractor shall provide Karate and sports classes to students enrolled in the Afterschool
Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Karate Classes
Do'o Monda 5:30 m to 6:30 m Studio 1-8
Nimitz Tuesda 1:30 m to 2:30 m GLC Main Room 1-5
Do'o Tuesda 4:30 m to 5:30 m Studio 1-8
Do'o Wednesda 6:30 m to 7:30 m Studio 1-8
Garden Gate Thursda 2:40 m to 3:40 m GLC 1-5
Do'o Thursda 5:30 m to 6:30 m Studio 1-8
Junior Karate
Do'o Wednesda 4:30 pm to 5:00 pm
Do'o 4:30 pm to 5:00 pm
v-
Sports Classes
Nimitz Basketball Monda 2:45 m to 3:45 m B-ball courts 1-5
Collins Basketball Tuesda 2:45 m to 3:45 m B-ball courts K-2
Collins Basketball Tuesda 2:45 m to 3:45 m B-Ball courts 3-5
Stevens Creek Basketball Tuesda 2:~~5 m to 3:35 m B-ball courts K-2
Stevens Creek Basketball Thursda ~ 2:~',5 m to 3:35 m B-ball courts 3-5
Eaton Basketball Thursda 3:40 m to 4:40 m 6-ball courts 1-5
3. The number and eligibility of persons to receiv~a the service:
Minimum: 6
Maximum: 15
4. Payment to CONTRACTORS for services: Payrrient made on 3/6/09, 4/24/09, and 6/5/09
CLASSES WILL NOT BE HELD ON: 2/16-2/20, 3/16, 4/13-4/17, 5/22, & 5125
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 AI'VD VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING PP,RT IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cu~~ertino.org
CUPERTINO
February 11, 2009
Sports, Fitness & Karate, Inc
Mary Crawford
10051 Pasadena Avenue, Suite 10
Cupertino, CA 95014
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If
you have any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure