08-001 The Sports, Fun & Games Co. Inc.I ,~ ~~
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. ~JJ ~~
Fiscal Year
BY THIS AGREEMENT made and entered into on the 5th day of February 5, 2008 by and between the
CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and
(1) The Sports Fun & Games Co inc DBA• JKR OKaigan Doio (2) Marv Crawford
Address: 756 Purdue Court Clty: Santa Clara Zlp. 95051 Phone (408) 261-3594
(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:
Karate and sports instruction for the Afterschool Enrichment Program
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on February 11, 2008 and shall
be completed before June 1.2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, minus a $ 10.00 administrative fee 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 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: EN~'ERED
NAME: Christine Hanel DEPARTMENT: Parks 8~ 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:
By: ~1~aln~(lrra- ~~tr~-~~-
Title: ~~ ~~/`
Social Security # ~
APPROVALS
DEPARTMENT HEAD
--~'L~~. C rye
CITY CUPERTINO:
Title: Recreation Supervisor
EXPENDITURE DISTRIBUTION
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580-6349-7014
$ 10,000.00
CITY ~/ .K _ ~ „ ~ ~ ~L ~, I DAi E ~.t'~ I !~/ w ~~ ~ / J a
EXHIBIT 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 City a Certificate of Worker's
Compensation insurance and for those instructing 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 ordinance.
The Contractor shall not promote his/her business to participants registered in the
City's programs.
EXHIBIT B (Services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Karate classes to students enrolled in the Afterschool Enrichment
Program.
2. The times and places CONTRACTOR will perform the services:
Karate Classes
Faria Monda 3:10 m to 4:10 m
Do'o Monda 5:30 m to 6:30 m
Nimitz Tuesda 1:30 m to 2:30 m
Do'o Tuesda 4:30 m to 5:30 m
Do'o Wednesday 6:30 m to 7:30 m
Garden Gate Thursda 2:40 m to 3:40 m
Do'o Thursda 5:30 pm to 6:30 pm
Junior Karate
Do'o Monda 4:30 m to 5:00 m
Do'o Wednesda 4:30 m to 5:00 m
Snorts Classes
Nimitz Basketball Monda 2:45 m to 3:45 m B-ball courts 1-5
Collins Basketball Tuesda 2:45 m to 3:45 m B-ball courts 1-5
Stevens Creek Basketball Tuesda 2:35 m to 3:35 m B-ball courts 1-5
Faria Elementa Multi-S orts Wednesda 3:10 m to 4:10 m 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 3/7, 4/18, 5/30
CLASSES WILL NOT BE HELD ON: 2/18-2/22, 3/7, 4/14-4/18, 5/12, 5/26
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. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
L.1--C1~ -
For,,, W~9 Request for Taxpayer Give form to the
(Rev. October 2007) Identification Number and Certification requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
m Mary J. Crawford
a Business name, if different from above
o Sports, Karate & Fitness
a c Check appropriate box: ^ Individual/Sole proprietor /^ Corporation ^ Partnership
.ir`
^ Limited liability company. Enter the tax classffication (D=disregarded entity, C=corporation, P=partnership) - _ _ _ _ - _ _ Exempt
^
~
o ~
^ Other (see inswctions) - payee
,cc = Address (number, street, and apt. or suite no.) Requester's name and address (optional)
a ~ 756 Purdue Ct
Ciry, state, and ZIP code
rn Santa Clara, CA 95051
~ I List account number(s) here (optional)
Identification
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line t to avoid Social security number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TNV on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer iderrtification number
number to enter. 26 1797911
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal _
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and ,
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign I ~g Person ~-i/ - 1.~ jA ~ r-!/~ !L ~ ~ Date - / Z 3 /(~ C.J
Here u.s.
Generallnstructions U
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-g. • The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X form W-9 (Rev. 10-2007)
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States, _
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases: