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90-023 Chuck Dougherty, Coordinator for Cupertino Sports Center *Wit tl(.) 8-6450-761.00 AGREEMENT $50,180-00 o�$A 4Pov Oft CITY OF CUPERTINO Vast, P.O. Box 580 Goer Cupertino, CA 95015 0 4 2 4 6 5 -4505 NO. G G U U BY THIS AGREEMENT made and entered into on the 1st day of July 19 90 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Chuck Douctherty. (2) Address City Zip Phone (Hereinafter referred 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: Coordinator for Cupertino Sports Center EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Exhibit A - services Exhibit B - special provisions TERMS The services and/or materials furnished under this Agreement shall commence on .Tri y 1 , 1 eQn and shall be completed before December 31 . 1090 COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR: 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 per- formance 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. No discrimination shall be made in the employment of persons under this agreement because of the race,color, national origin,ancestry, religion or sex of such person. Interest of Contractor. 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 CO-ORDINATOR and representative for CITY shall be: NAME non McCarthy DEPARTMENT Parks and 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. CONTRRACCT_/O��R::/�/ CITY OF CUP.EEIVINO—:: By tis /t� i Ity�o Super 1-e^^^� .�i^- Title Recreation Super 'sor Soc. Sec.# , ?-) / APPROVALS Department Head Date t 44.1a:141 Date -7i ) �r�t 4 u • Gl)6114., 71/-1(5 White-City Clerk Cnnv rtraan-Fl nrn Canary-nnntrnrtn.e ren„ Dino-corait.n.nran.. flnWan.aw-n ...e...n...... q AGREEMENT Cupertino Sports Center I. Services to be Performed by Contractor: contractor shall report to the recreation supervisor and provide the following services: A. Two staff during hours of operation C. Facility security C. Accept phone reservations Q. Collect user fees E. Verify residency of users F. Provide financial reports as required G. Perform minor court maintenance and request other court maintenance H. Develop operator's manual I. Develop job descriptions for the two part-time positions J. Necessary duties as determined by recreation supervisor II. Times and Places Contractor will Perform Services: A. The Cupertino Sports Center will be open from 8:U0 a.m. - 1:30 p.m. and 4:30 p.m. - 10:00 p.m., Monday through Friday; from 8:00 a.m. - 10:00 p.m. on Saturday; and from 8:00 a.m. - 4:00 p.m. on Sunday. Total weekly hours of operation is 78. III. The Number and Eligibility of Persons to Receive Services: A. N/A IV. Fee to Contractor for Services: A. Contractor is to be paid $500.00 per week for his services. Contractor will be required to submit weekly invoices in order to receive compensation for part-time staff wages. Contractor will pay all part-time staff wages associated with the operation of the center and be reiMbursed a maximum of $1430.00 per week for part-time staff services. V. Contractor will reimburse 20% of all private lesson revenue to the City, payable the first day of each month, and provide a detailed monthly revenue ledger to the recreation supervisor. VI. Contractor will reimburse 20% of the net revenue of all items sold frau the "Pro Shop" to the City, payable the first day of each month, and provide a detailed monthly revenue ledger to the recreation supervisor. EXHIBIT B (Special Provisions) Chuck Dougherty 1. In the event that Contractor has employees who will assist in the performance of the Agreement, Contractor shall file with City a Certificate of Workman's Compensation Insurance and of current T.B. test for those instructing persons 18 years and younger. 2. In the event that less than N/A persons shall request and pay for the services prior to the agreed upon time for the commencement of services to be performed by Contractor, upon written notice to City, may cancel and withdraw from this Agreement. 3. 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 Contractor. 4. 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, the city business license ordinance, and a current T.B. test for all contractors and their employees who will be instructing persons 18 years and younger.