10-001 Sports, Fitness, & Karate INC, Mary CrawfordAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, C:A 95014 / ~7
(408) 777-3200 NO~~° /~~
/J j Fiscal Year 09/1 O
BY THIS AGREEMENT made and entered into on the 22nd d:3y of January, 2010 by and between the
CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) a.nd (1) Sports. Fitness. 8. Karate. INC (2) Marv Crawford
Address:
agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Karate, Basketball, and Soccer instruction for the Afterschool E=nrichment Program
EXHIBITS: The following attached exhibits hereby are made Dart of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this P,greement shall commence on February 22. 2010 and shall
be completed before June 4. 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, minus a $ 10.00 administrative fees per participant
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 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 A~3reement 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 nat authorized to bind the CITY to any contracts or other
obligations in executing this Agreement. CONTRACTOR certifies that no on_e 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: L~~ ~ ~~ E
NAME: Christine Hanel DEPT\RTMENT: Parks 8~ Recreation
This Agreement shall become effective upon its execution b)~ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CITY OF C//~~UPE~RT~I~NO: C /~~
Title: ~ Title: Rec*r'e~ation Supervisor /
~~
APPROVALS E:~CPENDITURE DISTRIBUTION
DEPARTMENT.H~AD~ ,-~
.. ~:' DATE ACCOUNT NUMBER AMOUNT
/
!~ .: -~' ~ r_
_ 580-6349-7014 $ 8,000.00
~
~
CITY C K
ATE
IO y/q.. / ry
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EXHIE3IT A
1. The City reserves the right to terminate this Agreement with 30 days 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 <~ity a Certificate of Worker's
Compensation insurance and for those in:structing 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 performed by Contractor, City may cancel and withdraw form 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, F.I.C.A.
laws, and the City business license ordin~ince.
6. The Contractor shall not promote his/her I~usiness to participants registered in the
City's programs.
EXHIBIT B (;Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Karate, Basketball, .and Soccer classes to students enrolled in the
Afterschool Enrichment Program"
2. The times and places CONTRACTOR will perlForm the services:
Beginning Karate Classes
Eisenhower Monda 2/22-5/17 X5:10 m to 4:10 m GLC 1-5
Do'o Monda 2/22-5/17 'i:30 pm to 6:30 pm Studio 1-8
Do'o Tuesda 2/23-5/18 ~I:00 m to 5:00 m Studio 1-8
West Valle Wednesda 2/24-5/12 x!:40 m to 3:40 m GLC Main Room 1-5
Do'o Thursda 2/25-5/20 fi:00 m to 6:00 m Studio 1-8
Junior Karate
Do"o Monda 2/22-5/17 ~I:30 pm to 5:00 pm Studio K-1
Do"o Wednesda 2/24-5/19 ~I:30 pm to 5:00 pm Studio K-1
Basketball Classes
Sed wick Monda 2/22-5/3 X5:40 m to 4:40 pm Basketball Courts 1-5
Collins Tuesda 2/23-5/4 ~!:1 5 pm to 3:15 m Basketball Courts 1-5
Stevens Creek Tuesda 2/23-5/4 2:35 pm to 3:35 pm Basketball Courts 1-5
Faria Wednesda 2/24-5/5 ~t:15 pm to 4:1 5 m Basketball Courts 1-5
Blue Hills Thursda 2/25-5/6 x!:45 pm to 3:45 m Basketball Courts 3-5
Soccer Classes
Nimitz Monda 2/22-5/3 2:45 pm to 3:45 pm Soccer Field 1-5
Blue Hills Tuesda 2/23-5/4 1 :45 pm to 2:45 pm Soccer Field 1-5
3. The number and eligibility of persons to receive the service:
Minimum: 6
Maximum: 15
4. Payment to CONTRACTORS for services: Payment made on 3/26/1 O, 4/30/1 O, and 5/28/1 O
CLASSES WILL NOT BE HELD ON: 3/15, 4/12-4/16, 5/28, and 5/31
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATIOIV SCHEDULE" PARTICIPANTS SHOULD NOT
TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS .AND VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR /S
RESPONS/BLE FOR SUPERV/S/NG PART /C/PANTS AFTER CLASS UNT/L THE/R
PARENT/GUARD/AN HAS ARR/VEO_