09-001 Tom Cassera, Kate CasseraCITY OF
AGREEMENT
CITY OF ChIPERTINO
10300 Torre Avenue
(), ~ Cupertino, CA 95014
~/ ~,~ (408) 7T7-3200
CUPERTtN V
BY THIS AGREEMENT
Fiscal Year 2009-2010
made and entered Into on the 29tH day of September. 2009 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1) Tom Cassera (2) Kate Cassera
Address:
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: ~ k~ ~' ~~S
1
EXHIBITS: The following attached exhibits hereby are made Evart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this agreement shall commence on October 1. 2009 and shall
be completed by June 30. 2010.
COMPENSATION: For the full performance of this Agreement:, CITY shall pay CONTRACTOR:
70% of the Resident Fee (Minus a $10 00 Administration FE~e per Participant)
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h~~rmless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all c~~sts 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 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
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: ~'~'~U r*
NAME: Jeff Ordway DEPA14TMENT: Parks ~ Recreation JJ~~rju
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: CITY OF C~JPERTINO:
By: ~~~i~a Ca she ~ By..'
rto
Title: ~icyC/t ~hS~ac '~ r Title: I~ecreation Coor ator
~~
._____
APPROVALS
FYDGI-1111T1IDC 1'11CTDIQ1ITln hl
DEPA~MENT AD DAT v.v ~ ~~wv ~ wn
ACCOUNT NUMBER
AMOUNT
~ ~ - -- !D /y o 530-6449-7014 $1,500
CITY CL ATE
ao I s log a ~~} y
EXH1131T 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 w
and withdraw from this Agreement.
4. City shall have no right of control as to the manner Contractor performs the
services to be performed. Neverthele~;s, 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/Pier business to participants registered in
the City's programs.
Revised 9/23/07