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11-001 Skyhawks Sports AcademyCITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 Fiscal Yea1~~1i~~j,?fif BY THIS AGREEMENT made and entered into on the 18th day of January, 2011 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1)Skyhawks Sports Academy 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: Camps 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, 2011 and shall be completed by June 30, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Basketball Camps: 5 Hour Camps: $89/Participant 6 Hour Camps: $95/Participant All Other 5 Hour Camps: $93/Participant All Other 4 Hour Camps: $87/Participant !a All Other 3 Hour Camps: $85/Participant · Compensation is based on 5 meetings and will be prorated for camps meeting less than 5 times. GENERAL TERMS AND CONDITIONS: ENTERED 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 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 execut tJ this Agreement the day and year first written above. CONTRACTOR: By: --=-U2.-----=-~-· ----- Title: ·A?eS1bE N'\ Social Security/Tax ID#: APPROVALS DEPARTMENT.l;lfb.8 I CITY OF cu~.f>.la: I AMOUNT 580-6449-7014 $75,000 EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 30-day 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. TB test. 3. In the event that less than the required minimum number of participant shall request and pay for services prior to the agreed upon time for the commencement of services to be preformed by Contractor, City may cancel and withdraw from 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, FICA laws, and the City business license ordinance. 6. The Contractor shall not promote his/her business to participants registered in the City's programs. 7. In the event of an injury occurring to a participant, the Contractor will notify the City immediately and complete an ABAG Incident Report. The ABAG Incident Report must be submitted to the City within 24 hours of the injury occurring. The City will provide the contractor with copies of the ABAG form and instructions on how to properly complete them.