11-001 Silicon ShoresCITY OF
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 lf1J!) rrl.2.6 t N0.~~~-1~ /',__·~-
Fiscal Year 2011-2012
BY THIS AGREEMENT made and entered into on the 1st day of June, 2011 by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and (1) Silicon Shores
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: Watercraft Instruction
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:
Camp Shoreline: $ 290 per Participant
Windsurfing/Sailing Camp Level 1 and 2: $330 per Participant
Compensation is based on 5 class meetings and will be prorated if programs meet less than 5 times. Any coupon
that is redeemed for these programs will adjust the above compensation rates for 50% of the coupons value.
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 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. '1J ENTERED CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Jeff Ordway DEPARTMENT: Parks & Recreation
APPROVALS EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
580-6449-7014 $22,000 "
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.
CUPERTINO City of Cupertino Contractor Affidavit
_Th~ ~ndersigned does here~y certify"~~~ ?
1. I am a representative~.,/", • ::__. ~tor company name); that I am
familiar with the fa_sY·n~ certlfied and authorized and qualified to execute this
certificate.. /. (' & e ,
2. I verify th~. _.r> (contra~company name) has complied with fingerprinting
and crirf.IJr:i-ai.~kgr .~ estigation 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.
?
5. The City of Cupertino will b~ notifi~d by c~efactor of any new employees and will be added to
the above list prior to hl}gio;fiin · b~f, r the City of Cupertino. 0/ ' 7 --Date: 7 ,-}_ ()-/)