10-001 Twisters Sports Center CITY OF
\\ IIj�/ AGREEMENT
.‘& CITY OF CUPERTINO
10300 Torre Avenue
,5l. Cupertino, CA 95014 /`
CUPERTINO 1) (408) 777-3200 NOL %�`�' �� �®
Fiscal Year 2010 -2011
BY THIS AGREEMENT made and entered into on the 12th day of February 2010 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and (1)Twisters Sports Center
Address:
Hereinafter referred to as CONTRACTOR), in consideration of Their mutual covenants, the parties hereto agree as follow
CONTRACTOR shall provide or furnish the following specified services and /or materials: Camps and Classes s
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
TERMS: The services and /or materials furnished under this Agreement shall commence on July 1, 2010 and shall be
completed by June 30, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Classes: 40 Min Classes: $5.50 /Class Meetin /Participant 55 Min Classes: 6.00 /Class Meetin /Partici ant
90 Min Classes: 6.00 /Class Meeting /Participant
Camps: 3 Hour Camps• $100 /Participan 5 Hou Ca mps: $141 /Participant 7 Hour Cams 157/P
Birthday Parties: 1 -8 Participan $120 Pe Part y 99 = 16 Particip an ts• $150 per Part icipant articlNant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harrnless 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 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 o1 the CITY. g
CONTRACT COORDINATOR and representative for CITY shall b3:
NAME: Jeff Ordway DEPARTMENT: Parks & Recreation ENTERED
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
APPROVALS
DE• =_rsr7 V p ATE EXPENDITURE DISTRIBUTION
' ACCOUNT NUMBER
AMOUNT
CITY cLER 580 -6449 -7014 $100,000 •
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AT „.,70,,,//c. , 4, fo
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 Tess 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.
Revised 9/23/07
PARKS AND RECREATION DEPARTMENT
r9s QUINLAN COMMUNITY CENTER
10185 N STELLING RCAD • CUPERTINO, CA 95014
C U P E RT 1 N O (408) 777 -3120 • FAX (408) 777 -3137
Friday, February 12, 2010
Dear Contractor,
Enclosed is your contract(s) for City of Cupertino. Please return your signed contract(s) in
its entirety and a copy of your contract(s) will be sent to you from the City Clerk's Office
once a Purchase Order Number is assigned and is approved. Please read this document
carefully, sign at the bottom left under "Contractor ", and include your social security
number (or Federal Tax I.D. number if you operate under your business).
Please submit a copy of your insurance and Contractor Affidavit Form (attached) for staff
working with children under the age of 18, along with your agreement.
Please be advised that your contract will begin on Jul 1, 2010. If you compensation rates
change you will still be compensated at the current rate through June 30th, 2010.
If you have any questions, please call me at (408)777 -3128. Thank you for your
commitment to providing quality recreational programs for the Cupertino Parks and
Recreation Department.
Sincerely,
Jeff Ordway
Recreation Coordinator
City of Cupertino
ma y'(. 7 yt
CUPERTINO City of Cupertino Contractor Affidavit
The undersigned does hereby certify that:
1. I am a representative of 1r- (, VM0t(e > contract or company name); that I am
familiar with the fact herein certified and''am authorized and qualified to execute this
certificate.
2. I verify that 1W \(;y'c 6 I J iti416,(contract or company name) has complied with fingerprinting
and criminal backgrounc linvestigation 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 tested 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 Contractor of any new employees and will be added to
the above list prior to beginning work for the Ci :y of Cupertino.
Contractor Signature: L` ti Lc r t`� :� � Date: C' (c; ") I +C
Staff Title: ( � c_ . �� - \'C - f k \‘
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