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09-001 Garrod Farms CITY QF AGREEMENT CITY OF CIIPERTINO 10300 Torre Avenue Cupertino, 'CA 95014 CUPERTINt? (408) 777-3200. NO. ~ Fiscal. Year 2009-2010 BY THIS AGREEMENT made and entered into on the 27th day of February, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Garrocl Farms Address: 22600 Mt. Eden Road. Saratoga, CA, 95070 Phone: (408) 867-9527 Hereinafter referred to as CONTRACTOR), in consideration oi` their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Horseback Riding Instruction EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2009 and shall be completed by September 30. 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $250 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 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 cer!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:~ll be: NAME: Jeff Ordway DEPiaRTMENT: Parks & Recreation This Agreement shall become effective upon its execution bpi CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY O jCUPERTINO: 1~/(~ Title: ~ Title: Recreation Co dinator / APPROVALS EXPENDITURE DISTRIBUTION DEPARTME TE ACCOUNT NUMBER AMOUNT 3 580-6449-7014 $15, 000 CITY L K DA E 3 y3~ . CUPERTINO City of Cupertino Contractor Affidavit The undersigned does hereby cerrrtify that: 1. I am a representative of _U ~1-(1.(jn ~~~1~~~ (contract or company name); that I am familiar with the fact herein certified and am authorized and qualified to execute this certificate. 2. I verify that GWt7ta ~~"1'"S (contract or company name) has complied with fingerprinting and criminal ackground investigation requirements with respect to all Contractor's employees who may have contact with minors in the course of providing services pursuant to the Contract, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3 3. That a complete and accurate list of Contractor's employees who may come in contract with minors during the course and scope of the contract is included below 4. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and have current documentation on file with Con1tractor. A Lippst of all Contractor Employees Working for the City of Cupertino: 'Pii t`SS o~ ~-~.I SA'1-~ w 5. The City of Cupertino will be notified by Contractor of any new employees and will be added to the above list prior to beginning work for the ~~ity of Cupertino. ~ C Contractor Signature: i L~ ~ Date: ( U Staff Title: G~-~r~'V y/Y~-~~ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVE=NUE • CUPERTINO, CA 95014-3255 TELEPHONE: (40E~) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO March 24, 2009 Garrod Farms 22600 Mt. Eden Road Saratoga, CA 95070 To Whom It May Concern: Enclosed for your records is a fully executed ~~opy 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