09-001 WrightWay Shotokan+v~TY a~
AGREEIMENT
CITY OF CUIPERTINO
10300 Torrey Avenue /
Cupertino, C:A 95014 ~~~~-~ b
7 (408) 777'-3200 NO.
CUPERTIN ~lJj~ Fiscal Y r 00'~i
BY THIS AGREEMEN made and entered into on the 27th day of February, 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1) Wri h1Wav Shotokan (2) Mark Wright
Address: 5820 Lalor Dr, 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: Martial Arts Instruction
EXHIBITS: The following attached exhibits hereby are made mart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2009 and shall be
completed by June 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
60% of the Resident Fee (minus a $10.00 Administration Fee per participant)
ENTERED
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 AgreE~ment. 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 nc)t 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 DEP,4RTMENT: 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.
CONTRACTOR:
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Title: ~~~~i~z ~ _
Social Security/Tax ID #: y S - ~ ~ ' ~ %.~
CITY OF CU ERTINO:
By: _
Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
P HEAD TE ACCOUNT NUMBER AMOUNT
/ ~ ~ ~ G ~ 580-6449-7014 $17,500
CITY C K DA
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CUPERTINO City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
1. I am a representative of C~U~i~~t ~~~ Y '~ ", ~y:~ontract or company name); that I am
familiar with the fact herein certified and am ~iuthorized and qualified to execute this
certificate.
2. I verify that GCI~;;;h; c,.,,.~, ~/,.~;~~,{~erstract 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 tE~sted 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 Contr~ictor of any new employees and will be added to
the above list prior to beginning work for the City of Cupertino.
Contractor Signature~~. ~~' ~ ~' ~ ~' ~ ~- ' _~ ~ '
~~; Date: ~S " / '~ s
Staff Title: c`~Gc%. r ~