07-001, Wright Way Shotokan, Mark Wright
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. 032536
Fiscal Year 2007-2008
BY THIS AGREEMENT made and entered into on the 22nd day of Januarv 2007
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
(1) Wriaht Way Shotokan (2) Mark Wriaht
Address: 5820 Lalor San Jose. CA 95123 Phone: (408) 225-4128
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 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. 2007 and shall be
completed before June 30. 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
60% of resident fees (minus a $5.00 administration fee 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 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: Rachelle Sander
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.
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6449-7014
AMOUNT
$12,000
EXHmIT A
1. The City reserves the right to terminate this Agreement with a 3D-day notice. The
contractor may terminate this Agreement with a 3D-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.
Revised 4/23/97
ClTY'OF
CUPERTINO
City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
1. I am a representative of {tJfl. It-liT (,V.fI. '-/ (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 1>>11../ tr).l. or LV ,P / (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 Contractor.
A List of all Contractor Employees Working for the City of Cupertino:
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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 City of Cupertino.
Contractor Signatur~-~~ Date:;l- j--,;< 067
Staff Title: 4<14. <t'42-.