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08-001 Ed BangleAGREEMENT CITY OF CUPI=RTINO 10300 Torre ~~venue Cupertino, CA 95014 (408) 777-3200 No. 032796 FY 08-09 BY THIS AGREEMENT made and entered into on the 1"t day of January, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Ed Bangle (2) Intero Real Estate Services. 518 N. Santa Cruz Ave., Los Gatos, CA 95030 (408)-357-5709. (Hereinafter referred to as CONTRACTOR), in consider:3tion of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Instruction of real estate classes. EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement: Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on January 1, 2009 and shall be completed before June 30, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $O. 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 e~iery 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 in_;urability, 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 obligation<_; 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 CIT~ CONTRACT COORDINATOR and representative for CI~fY shall be: ENTERED NAME: Lauren Phillips DEPARTMENT: Parks 8. Recreatian 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: ~ ~ Title: ti: Social Security #: ~ -'3''S- ~ CITY OF ERTINO:_ By: Title: creation Co rd~ for 9.P~pROVQLS EXPENDITURE DISTRIBUTION DEP T E HEAD DATE ACCOUNT NUMBER UNT - ~ $O CITY LE K DATE i/- 5-0 ~ ~ ~ ~ ~ a - ~ - v EXHIBIT A 1. The City reserves the right to terminate this Agreement with 30 days notice. The Contractor may termin~~te 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, Contrractor 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 T.B. test. 3. In the event that less than the required minimum number of participants shall request and pay for services prior to the agreed upon time for the commencement of services to be periFormed by Contractor, City may cancel and withdraw form this Agreenent. 4. City shall have no right of control as t~~ the manner Contractor performs the services to be performed. Nevertf ieless, City may, at any time, observe the manner in which such services are being performed by the Contractor- s. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but nat limited to, unemployment insurance benefits, F.I.C.A. laws, and the City business license ordinance. 6. The Contractor shall not promote his/Iner business to participants registered in the City's programs. EXHIBIT B (S~srvices) 1. The services to be performed by CONTRACTOR: The contractor shall provide real estate classes to students. 2. The times and places CONTRACTOR will perform the services: Selling Your Home for Top Dollar Thursday 1/15 3/12 6:30 pm to 9:30 pm 18+ years 3. The number and eligibility of persons to receive tl~e service: Minimum: 3 Maximum: 20 4. Payment to CONTRACTORS for services: N/A CLASSES WILL NOT BE HELD ON: N/A THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS LISTED IN THE RECREATION SCI~EDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED OIJ THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLA:iS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.