09-001 Sa-ad Kongboon (2)AGREEMENT
CITY OF CUPERTINO
~- 14300 Torre Avenue
Cupertino, (:A 95014
y / (408) 777-3200
Y ~
NO.r~~~~ /
Fiscal Year 2008-2009
BY THIS AGREE1dlENT made and entered into on the 17 day of March, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Sa-Ad Konobon
95014 (Hereinafter referred to as CONTRAGTOR), in consideration of their mutual covenants, the parties hereto agree
as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Fitness Instructor
EXHIBITS: The following attached exhibits hereby are made ~aart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on April 1, 2009 and shall be
completed before June 30, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 per yoga class.
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 wi#h 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 conse~~t of the CITY. A~
CONTRACT COORDINATOR and representative for CITY shall be: E1~ j EKED
NAME: Colleen Ferris DEPr~RTMENT: Parks 8 Recreation
This Agreement shall become effective upon its execution b~/ CITY. to witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
__
By. / ~~ , _ ~ ,~ ~ - . , ,-- By. _ ~~~ ~~---
Title: ~-~ '', Title: Recreation Coordinator
Social Se~iarity #: 555-06-2014 `~
APPROVALS
EXPENDITURE DISTRIBUTION
DEP HEAD DATE ACCOUNT NUMBER AMOUNT
r 3 1,y 570-6450-7 4 $600.00
ciTY c TE ~ 2 ~ ~ p
Exhit~it A
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.
In the event that 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
cleazance and current T.B. test.
In the event that less than the required minimiun number of participants shall request
and pay for the services prior to the agreed up+~n time for the commencement of
services to be performed by Contractor, City nnay cancel and withdraw from this
Agreement.
City shall have no right of control as to the mz~nner Contractor performs the services
to be performed. Nevertheless, City may, at aaly time, observe the manner in which
such services are being performed by Contractor.
The Contractor shall comply with all applicablie 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.