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08-001 Phillip LenihanCITY OF CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 032741 NO. Fiscal Year 2008-2009 BY THIS AGREEMENT made and entered into on the 5th day of February, 2008 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Phillip Lenihan Address: 21841 Almaden Avenue. Cupertino. CA, 95014 Phone: (408) 996-8302 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: Inline Skatinstl 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 Julv 1, 2008 and shall be completed by June 30. 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of the Resident Fee 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: 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. CON TOR: ~ CITY~UPERTINO: / ~ ~, Title: ~ ~ 1 IU(a\ ~ -J S i (~E~.~ Title: Recreation Coo inator Social SecuritylTax ID #: -- APPROVALS EXPENDITURE DISTRIBUTION DEPA DAT ACCOUNT NUMBER AMOUNT ~ Z 2 580-6449-7014 $1,225 ~'" CITY CL RK ATE 3/6 ~ "~ L......~~ 3 ~ ~ J~ ACORD CERTIFICATE OF LIABILITY INSURANCE DA of Deno aWY' TM. PRODUCER Phone: (377) 634-0400 Fax: (317) 972-7142 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CITY SECURITIES CORP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 44992 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INDIANAPOLIS IN 46244-0992 INSURERS AFFORDING COVERAGE ~ NAIC # INSURED INSURER A: Capitol Indemnity Corporation INSURER B: UNITED SKATE SCHOOLS GROUP AND INSURER C: PHILIP LENIHAN P O BOX 3093 INSURER D: EL SEGUNDO CA 90245 INSURER E: r_nvFReaFc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AODL INSR TYPE OF INSURANCE POLICY NUMBER PoucvEFFECTIVE DATE MMIDDIYY PoucvEXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY CS00218051/43271 01/01/08 01/01/09 EACH OCCURRENCE $ 1,000+000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea oocurance) $ 100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ $,000 /,f. PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 PRO- POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ ~ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' WC STATU• OTHER TORY LIMITS LIABILITY EMPLOYERS ANY PROPRIETORIPARTNER/E)CECUTIVk E.L. EACH ACCIDENT $ OFFICERIAAEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ N yas, daacrlba undr SPECIAL PROVISIONS bNow E. L. OISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO PHILIP LENIHAN DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY WND UPON THE INSURER, IT'S 21841 ALMADEN AVENUE AGENTS OR REPRESENTATIVES. NO ERT A , C CUP I 95014-2855 ~ AUTHORIZED REPRESENTATIVE Atbntlon: P 'ck J. O' Connor ACORD 25 (2001/08) Certificate # 33726 ®ACORD CORPORATION 1016