90-023 Chuck Dougherty, Coordinator for Cupertino Sports Center *Wit
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8-6450-761.00
AGREEMENT $50,180-00
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4Pov Oft CITY OF CUPERTINO
Vast, P.O. Box 580
Goer Cupertino, CA 95015 0 4 2 4 6
5 -4505 NO. G G U U
BY THIS AGREEMENT made and entered into on the 1st day of July 19 90
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Chuck Douctherty. (2)
Address City Zip Phone
(Hereinafter referred 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:
Coordinator for Cupertino Sports Center
EXHIBITS:The following attached exhibits hereby are made part of this Agreement:
Exhibit A - services
Exhibit B - special provisions
TERMS The services and/or materials furnished under this Agreement shall commence on .Tri y 1 , 1 eQn
and shall be completed before December 31 . 1090
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
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 per-
formance 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. No discrimination shall be made in the employment of persons under this agreement because of
the race,color, national origin,ancestry, religion or sex of such person.
Interest of Contractor. 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 CO-ORDINATOR and representative for CITY shall be:
NAME non McCarthy DEPARTMENT Parks and 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.
CONTRRACCT_/O��R::/�/ CITY OF CUP.EEIVINO—::
By tis /t� i Ity�o Super 1-e^^^� .�i^- Title Recreation Super 'sor
Soc. Sec.# , ?-) /
APPROVALS
Department Head Date t 44.1a:141
Date
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AGREEMENT
Cupertino Sports Center
I. Services to be Performed by Contractor:
contractor shall report to the recreation supervisor and provide the
following services:
A. Two staff during hours of operation
C. Facility security
C. Accept phone reservations
Q. Collect user fees
E. Verify residency of users
F. Provide financial reports as required
G. Perform minor court maintenance and request other court maintenance
H. Develop operator's manual
I. Develop job descriptions for the two part-time positions
J. Necessary duties as determined by recreation supervisor
II. Times and Places Contractor will Perform Services:
A. The Cupertino Sports Center will be open from 8:U0 a.m. - 1:30
p.m. and 4:30 p.m. - 10:00 p.m., Monday through Friday; from 8:00
a.m. - 10:00 p.m. on Saturday; and from 8:00 a.m. - 4:00 p.m. on
Sunday. Total weekly hours of operation is 78.
III. The Number and Eligibility of Persons to Receive Services:
A. N/A
IV. Fee to Contractor for Services:
A. Contractor is to be paid $500.00 per week for his services.
Contractor will be required to submit weekly invoices in order to
receive compensation for part-time staff wages. Contractor will
pay all part-time staff wages associated with the operation of the
center and be reiMbursed a maximum of $1430.00 per week for
part-time staff services.
V. Contractor will reimburse 20% of all private lesson revenue to the
City, payable the first day of each month, and provide a detailed
monthly revenue ledger to the recreation supervisor.
VI. Contractor will reimburse 20% of the net revenue of all items sold
frau the "Pro Shop" to the City, payable the first day of each
month, and provide a detailed monthly revenue ledger to the
recreation supervisor.
EXHIBIT B (Special Provisions)
Chuck Dougherty
1. In the event that Contractor has employees who will assist in the
performance of the Agreement, Contractor shall file with City a
Certificate of Workman's Compensation Insurance and of current T.B. test
for those instructing persons 18 years and younger.
2. In the event that less than N/A persons shall request and pay for the
services prior to the agreed upon time for the commencement of services
to be performed by Contractor, upon written notice to City, may cancel
and withdraw from this Agreement.
3. 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
Contractor.
4. The Contractor shall comply with all applicable Federal , State, and
local laws and ordinances including, but not limited to, unemployment
insurance benefits, F.I.C. A. laws, the city business license ordinance,
and a current T.B. test for all contractors and their employees who will
be instructing persons 18 years and younger.