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11-001 Deep Cliff Golf Course, Gerry Benton OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 9sr TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 CUP E RT I N O WEBSITE:www.cupertino.org June 17, 2013 Deep Cliff Golf Course 10700 Clubhouse Lane Cupertino, CA 95014 Re: Agreement Enclosed is an original copy of the first amendment to your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Parks and Recreation Department at 408-777-3120. Sincerely, /3°/Lialltd ‘Ii1(51et Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Parks & Recreation No: 57725 FY 13-14 1st AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DEEP CLIFF GOLF COURSE FOR CONSULTANT SERVICES FOR YOUTH AND ADULTS GOLF CLASSES AND CAMPS This 1St Amendment to the Agreement between the City of Cupertino and Deep Cliff Golf Course, for reference dated May 28, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Deep Cliff Golf Course, a California State Corporation, whose address is 10700 Clubhouse Lane, Cupertino, CA, 95014; phone 408-253-5357, (hereinafter "referred to as Consultant"), and is made with reference to the following: RECITALS: A. On May 1, 2012, an agreement was entered into by and between City and Deep Cliff Golf Course (hereinafter "Agreement"). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 of the Agreement is modified to read as follows: "The term of this Agreement shall commence on July 1, 2012, and shall terminate on December 30, 2013, unless terminated earlier as set forth herein." 2. Paragraph 3 of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth below. Compensation shall not exceed a total amount of seventy three thousand dollars ($73,000) and compensation shall not exceed a total amount of thirty five thousand dollars ($35,000) for the period July 1, 2013 through December 31, 2013. Compensation: Classes: Jr. Golf/Adult Golf/Golf for Women-$27/Participant/Per Class Meeting Parent/Child Golf-$42/Couple/Per Class Meeting The Players Camp/ Jr. Golf Intermediate (3 Mtgs) -$54/Participant/Per Class Meeting / (4 Mtgs) -$40/Participant/Per Class Meeting/ (6 Mtgs) - $27/Participant/Per Class Meeting Camps: Jr. Golf Camp AM- $149/Per Participant* Jr. Golf Intermediate Camp- $163/Per Participant* The Players Camp- $163/Participant* *Compensation is based on five meetings and will be prorated for programs that meet less than five times. Payment by the City to the Consultant for services: No more than two payments will be issued per quarter and if needed one final payment at the end of this agreement to close the account. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. DEEP CLIFF GOLF COURSE CITY OF CUPERTINO A Municipal Corporation 0/(4/0 / , , SWIG By: Title: 1 4C4 fr/\J n ?Re) By Jeff Ordway, Recreation Coordinator Date: f RECOMMENDED FOR APPROVAL: —141 ,(Le t�.ri, By Carol Attwood, Director Parks & Recreation APPROVED AS TO FORM: By 4444,0 1)1)1/, City Attorney ATTEST: By bAtee.A-- i , Cit Y Clerk CITY OF `` f AGREEMENT ( CITY OF CUPERTINO 10300 Torre Avenue I9, �g Cupertino, CA 95014 � a II V (408) 777 -3200 NO. ��� CUPERTINO t Fiscal Year 2011 -20012 BY THIS AGREEMENT made and entered into on the 27th day of June, 2011 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Deep Cliff Golf Course (2) Gerry Benton 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: Golf Classes and Camps 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, 2011 and shall be completed by June 30, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Classes: Jr. Golf /Adult Golf /Golf for Women- $27 /Participant/Per Class Meeting Parent/Child Golf -$42 /Couple /Per Class Meeting The Players Camp/ Jr. Golf Intermediate (3 Mtqs) -$54 /Participant/Per Class Meeting / (4 Mtqs) -$40 /Participant/Per Class Meeting/ (6 Mtqs) - $27 /Participant/Per Class Meeting Camps: Jr. Golf Camp AM- $149 /Per Participant Jr. Golf Intermediate Camp- $163 /Per Participant The Players Camp- $163 /Participant CAMP RATES ARE BASED ON 5 MEETINGS AND WILL BE PRORATE IS CAMP MEETS LESS THAN 5 TIMES 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 insurab lity, 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: ENTERED NAME: Jeff Ordway DEPARTMENT: Parks & 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: CITY OF,CJJP TINO;, ^. By: / By: Title: (rZ r ' t o� [ Title: Recreatio oo in or Social Security/Tax ID #: APPRO EXPENDITURE DISTRIBUTION DEPA; ' 1 /�� / / ACCOUNT NUMBER AMOUNT /' 580-6449-7014 $40,000 CITI( ERK �� �/ Celt_ -7-6 -I1 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. 7. In the event of an injury occurring to a participant, the Contractor will notify the City immediately and complete an ABAG Incident Report. The ABAG Incident Report must be submitted to the City within 24 hours of the injury occurring. The City will provide the contractor with copies of the ABAG form and instructions on how to properly complete them.