09-001 Fun Fun FundamentalsCITY 41`
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 ~/~~
CUPERTINO ~-~~ (408)777-3200 No. C1
Fiscal Y r 200
BY THIS AGREEMENT made and entered into on the 27th day of February, 2009 by and bet the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1) Fun Fun Fundamentals (2) Jared Hostetler
Address: 20031 Mann Oak Ct, San Jose CA 95120 Phone: (2691535-4884
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: Multi-Snorts Camps & Classes
EXHIBITS: The following attached exhibits hereby are made ~~art 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 June 30. 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of the Resident Fee minus a $10 00 Administration Fee per participant
`~ ENTERED
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h~~rmless 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 transferrE~d 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:
NAME: Jeff Ordway DEPARTMENT: Parks ~ Recreation
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.
CONTRACTOR:
BY~ ~± r, rr 2r~ III. ~S ~-~ l-2y'
`.
Title: ~r,aL~ ~~r.S~i. c.~4-o..-
~ ~~
CITY OF C~UPERTINO: (~~
Title: I~ecreation Coordinator
r+rrrwvr+L.7 EXPENDITURE DISTRIBUTION
DEPAR ME AD DATE ACCOUNT NUMBER AMOUNT
' `~ ~ ~~ ~" 560-6449-7 $3,500
CITY CLE DATE
` ~~15-09
CUPERTINO City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
S4~t~1 b~s-c~l{/
1. I am a representative of ~„~~„n fi~,~~Q„~„Q,~~,~s I (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 ~" 3~,~~°~ ~~`°
(contract or company name) has complied with fingerprinting
and criminal background 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 Coni:ractor.
A List of all Contractor Employees Working for the City of Cupertino:
~,Y~ed Itins ~K 1-1.~,.
Ems: ~ o~~~~
5. The City of Cupertino will be notified by Contr;3ctor of any new employees and will be added to
the above list prior to beginning work for the (~ity of Cupertino.
Contractor Signature: D~~te: 0 ~ OS 09
Staff Title:
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AV=NUE • CUPERTINO, CA 95014-3255
TELEPHONE: (40E3) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
Apri127, 2009
Fun Fun Fundamentals
Jared Hostetler
20031 Mann Oak Court
San Jose, CA 95120
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 i~iformation, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure