09-001 Just 4 Kicksc~Tr of
AGREEPJI ENT
~~ CITY OF CUPERTINO
10300 Torre Avenue _
Cupertino, CA 95014 /~J~
(408) 777-3200 NO. l~~"
C UPE~TMlAO ~ ~ , ~ ~ ~ Fiscal Year 2009-2010
s _ : ;_- ; ;81~.'EMFS:AGt~EM&N,TI'athCl.~entered into on the 5th day of June, 2009 by and between the CITY OF CUPERTINO
~~ (Hereinafter referred to as CITY) and (1) Just 4 Kicks
"'.,"~._`. "~~Idress: 1166 Holmes Ave. Campbell. CA, 95008 Phone: j4081371-8342
::.-, :<~ :!:. Yhiereirr~ter~referred;to~as~CON,TAACTOR, in consideration of their mutual covenants, the parties hereto agree as follows:
,... E03!~1r;AlkO'fQRstlai~,provide or furnish the following specified ;services and/or materials: Soccer Instruction
...,_.. a: ~(~NB,I~S: The following attached exhibits hereby are made part of this Agreement: Exhibit A
.: ;T-Et~iM~.~Fh±e,>sHtftisaddtbr'rials furnished under this ~~greement shall commence on July 1, 2009 and shall be
completed by June 30, 2010.
;:~: ':; ~f~. ~ ~MPENSATION: For the full performance of this Agreement.. CITY shall pay CONTRACTOR:
$7.25 Per Participant Per Class Meeting
ENTERED
GENERAL TERMS AND CONDITIONS:
'' ~'=' "~• H~mlesar!~Cfl!in1T~~P-C`T~>R~agrees to save and hold harmless the CITY, its officers, agents, and employees from
: •_ ,~ ~ :Flold
c~any,andsatl~:dacrt2tge at~ck;liability t*ik:every nature, including all costs of defending any claim, caused by or arising out of the
~{ ` : ~:_ ~perfgrmance of ttris -i~greemer7t:::=CITY shall not be liable for acts of CONTRACTOR in performing services described
herein.
.: ~i i_;.
~~~ lalis~iitanee~i ~:ShOuld the, ~C'fT'I!!: require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
~~ is ;~r:~ htsfiJf~lrtce:bafore cdh~rrierYCix~g..any services under this Agreement. Said Certificate shall be subject to the approval of
CITY'S Director of Administrative Services.
r;~.~.t ~; ;.c;~i=~t'Ioni-fil'isFirlminntion~,lt i$:understbod and agreed that this Agreement is not a contract of employment in the sense that
~~ <<?3h~:tbf'atiidr~~of:ma'~~r_an~l?s~rvaA-t exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed
`; +„~~,-:! '~;~~ ~iji~'~An~ir~epet.ddntc~intractvr-sand CONTRACTOR is not authorized to bind the CITY to any contracts or other
~~,~c;~ 1.:~obtiga#inns:irt~execaiting3Mis~Agreement. CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of CITY.
~:: ~;:::~ChaaRgsss> TCilk+agr~rnt#ni,sha~ll: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:
,. ~;-~ ~ ~-?~fl1At~..ifeff Ordway DEPARTMENT: Parks & Recreation
.._ T~s'Agreement`shafl~beror~:effsctive upon its execution by CITY
Agreement the day and year first written above.
.... CONTRACTO CITY OF Cl
r ;rTitle: ,~~ S/~ Title: r~
Social Security/Tax ID #: ~~ ~OS~~f~li3
In witness thereof, the parties have executed
'~"`'_.,?~a''°`ifIrlPFfROVALS~ E)CPENDITURE DISTRIBUTION
UtYA MFA~~It YH AU ~ - ~ A i na.a+wrv ~ rvumocn
~ _ __. ~ ,,. _: ~, i G ci`T 580-6449-7oi a
~~,c~~ t}
%dq I ~.~/13/~
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day notice.
The contractor may terminate 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, 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.
~' Yitvised 9/23/07