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08-001 Brian Crane Intero Real EstateAGREEI~1ENT CITY OF CUPERTINO 10300 Torre ,4venue Cupertino, CP. 95014 (408) 777-3200 NO. Fl'~Z8O2 FY 08-09 BY THIS AGREEMENT made and entered into on the 1'` day of January, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Brian Crane and (2) Intero Real Estate Services. 518 N. Santa Cruz Ave., Los Gatos, CA 95030 (408)-357-5709. (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following sp.=cified 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~rery 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 I.his Agreement is not a contract of employment in the sense that the relation of master and servant exisl:s 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 CITY. CONTRACT COORDINATOR and representative for CITY shall be: NAME: Lauren Phillips DEPARTMENT: Parks 8. 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. _, CONi, C OR: CITY OF TIN1O: BY~ BY~ ~/ Title: Title: Re rea ion Coordi Social curity #: APPROVALS EXPENDITURE DISTRIBUTION RT ENT HEAD DATE AC(:OUNT NUMBER AMOUNT ~~ ~J~ $O RK DATE /~- -O ~~ ~Y ~' o ~' J 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 eimployees 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, provic~e 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 prier to the agreed upon time for the commencement of services to be performed by Contractor, City may cancel and withdraw form this Agreerent. 4. City shall have no right of control as t~o the manner Contractor performs the services to be performed. NevertF~eless, 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, F.I.C.A. laws, and the City business license ordinance. 6. The Contractor shall not promote his/Iher business to participants registered in the City's programs. EXHIBIT B (Services) 1. The services to be pertormed by CONTRACTOR: The contractor shall provide real estate classes to students. 2. The times and places CONTRACTOR will pertorrn the services: Sellin Your Home for To Dollar Thursday 5/14 6:30 pm to 8:30 pm 18+ years 3. The number and eligibility of persons to receive the 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 SCIHEDULE. PARTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED OIV THE CLASS ROSTER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTE=ERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.