12-001 Howard Tseng I / OFFICE OF THE CITY CLERK
CITY HALL
J
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
<4`'-c'I94," TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
CUPERTINO WEBSITE:www.cupertino.o-g
March 8, 2012
Howard Tseng
Re: Agreement, Tai Chi Instruction and Blackberry Farm
Enclosed is a fully executed copy of your agreement with the City of Cupertino. If you have any
questions or need additional information, please contact the Parks & Recreation Department at
777-3120.
Sincerely,
-24-44-e-t-&--`-
Kirsten Squarcia
City Clerk's Office
Enclosure
cc: Parks & Recreation
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
CUPERTINO / Cupertino, CA 95014
73 (408) 777-3200 NO. aZ5DS7s—6()/
Fiscal Year 42 '
BY THIS AGREE ade and entered into on the 10th day of August, 2011 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Howard Tseng
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties here
• to agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Tai-Chi instruction at Blackberry Farm
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
January 1, 2012 and shall be completed before June 30, 2012 .
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: `7/ /
80% of resident fees minus $5 administration fee per participant.
ENT
GENERAL TERMS AND CONDITIONS: u
I
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.
CONTRACT COORDINATOR and representative for CITY shall be:
NAME: Molly M.James 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.
APPROVALS _ EXPENDITURE DISTRI ION
DEPAR / •DATE ACCOUNT NUMBER AMOUNT
� ./
7. 111111P i z 110-6220-7014 $4,500.00
CITY AS T^ D/ /ii
��,,..� 3-8 1� 3 N ),
EXHIBIT A(Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Tai- Chi and Qi Gong classes at Blackberry Farm and the Quinlan Community
Center.
2. The times and places CONTRACTOR will perform the services:
Blackberry Tai-Chi W 8:15-9:15 AM On-going
Farm
Quinlan Chi T 10:15-11:15 AM On-going
Gong
3. The number and eligibility of persons to receive the service:
Minimum = 6
Maximum = no maximum
4. Payment to CONTRACTORS for services:
Payment made every 8 weeks
5. Class pricing:
$64R/$77NR- Regular enrollment fee
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION PROCEDURES AS
LISTED IN THE RECREATION 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 PART IN THE
PROGRAM.