08-001 Skyhawks Sports Academy (2)Mar 30 08 04:44p Sandra Havelka
(408) 629-8302 p.4
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CITY OF
_ AGREEMENT
CITY OF CUPERTINO
300 Torre Avenue
/~~ C ertino, CA 95014 '~°~ ~
(408) 777-3200 NO.~_~J / ~-~
C U P E RT i N O Fiscal Year 2008-2009
BY THIS AGREEMENT made and entered into on the 13ttt dav of November, 2007 by and between the CITY O~
CUP~RTINO (Hereinatter refe~red to as CI7Y) and (1)Skvhawks Soorts Academv
Address: 631f E. Mt. Saokane Park Dr.: Mead, WA 99029 U Phone: i8Q01 804-3509
Hereinafter referred to as CONTRACTOR~, i~ consideration of their mutual covenants, the parlies heretQ agree as folbws:
COI~TRACTOR shall provide orfurnish the following specfied services and/or materials: Camus ~nd Classes
EXHi91TS: The following aitached exhibits herehy are made part of this Agreement: Exhibit A
TERMS: The services andlor materials fumished under this ~greement shalt commence on Julv 1. 2008 and shall be
oompleted by ~une 3~._2009.
COMPENSATlON: For the fulf pertormance o# this Agreement, CITY shall pay CONTRACTOR:
Atl Five Day Summer Camps, 9AM-3PM: $105 per participant
Atl ~ive Day Summer Camps, 9AM-12PM: $92 per participant
Atl Four Day Sumrr~er Camps, 9AM-12PM: $77 per participant
5 Week Basketbatl Basics (45 miNper class):
5 Week: Basketbatl Basics (1 hN
er class) $35 per p$rticipant
$40
i
rti
t ENTERED
p
: per pa
c
pan
GENERAL. TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOft agrees io save and hold harmtess the CITY, its officers, agents, and employees from
any and a!I damage and liability of every nature, including all costs of defending any claim, caused by ar arising out of tFte
performance of this Agreement. CITY shall not be liabfe for acts of CONTRACTOR in performing services described
herem.
Insurance. 5houid the C~TY require evidence of insurability, CONTRACTOR shall file with GTY a Ceriificate of
(nsurance before commencing any services under #his Agreement. Said Certificate shalE be subject fo the approval of
C17Y'S Director of Administrative Services.
Non-Discrimination_ It is understood and agreed that this Agreement is Rot a contract of employment in the sense that
the relal'ion of master and servant exists befween 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 a~y cantracts or other
obligations in executing this Agreemen~ CONTRACTOR cert~es that no one who has or will have any financial interest
under #his Agreemenf is an ofFicer or employee of CITY.
Changes. This Agreeinent shall not be assigned or fransferred wi~hout the written consent of the CITY_ No changes ar
variatians of any kind a~e authorizeci without the written consent of the CITI'.
CoNTRACT COORDINATOR and represerrt~tive for CITY shall be:
NAME: Jeff Ordway DEPAR7MENT: Parks 8~ Recreation
This Agreement shaEl become effective vpon its execut~on by CITY, 1n witness thereof, the parties have executed this
Agreement the day and year first written above. ,
CO NTRACTOR:
BY: --,~ ~ ~
Title: ~Jr lL . l,~ P
Social Security/Tax ED #: _ ~ ( - ~ ~ ~
APPROVAL~~
C1TY OF~XJPERTINO:
gY: / ~/~~/' ~
Title: Recreation Coordinat
EXPENDI7URE DESTRIBl1T1~N
DEPAR7M EA AT ACCOUNTiVUMBER AMOUNT
~ ~ a~ 580-6449-7014 ~80,oaa
c~TV c~ER
. (~ qlC~j
~~ 0 CP~
~
0
03/31/2008 MON 16:46 [TY/RY NO 9797] ~004
Mar 30 08 04:45p Sandra Havelka (408) 629-8302 p.5
EXNIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day notice.
The contractor may terminate this Agreernent with a 30-day written notice.
2. In the event that the Gontractor has employees who will assist in the
performance of this Agreement, Contractor shall file with Ciiy a Certificate of
Worker's Compensat~on lnsurance and for those instructing persons 18 years
and younge~, provide ~ngerprint clearance and current TB #est.
3. In the e~ent that less than the ~equired minimum number of part+cipant shal)
request and pay for services prior to the agreed upon time for the
commencement of senrices to be preformed by Contractor, City may cancel
and withdraw fror~t this Agreernent_
4. City shall have na right of oontrol as tv the manner Contractor pertorms the
services to b~ performed. Nevertheless. City may, at any time, obsenre the
manne~ in wE~ich such senrices are being performed by the contraetor.
5. The Contractor shafl comply with all applicable Federal, 5tate, and local laws
and ordinar~ces including, but not limited to, unempioyment insuranoe
benefits, F1CA laws, and the City business license ~rdinance.
6. The Contractor shali not promote hislher business to participants regis~ered in
the Cit}~s programs.
Revised 4/23/97
03/31/2008 MON 16:46 [TX/RX NO 9797] 1~j005