09-001 Martha EngberAGREEMENT
CITY OF CUPERTINO
10300 Torns Avenue
Cupertino, C:A 95014
(408) 77~~-3200 NO. ~~~~
~ ~ ~ ~~ Fiscal Year 2009-2010
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BY THIS AGREEMENT made and entered into on the 1st day of July, 2009 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Martha Engber, 3486 Garden State Dr, Santa Clara CA 95051
(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: Fitness Instructor
EXHIBITS: The following attached exhibits hereby are made Dart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2009 and shall be
completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $35 per hour per
aerobics class.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h~3rmless 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 nut 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 transfern~d 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 sh~rll be:
NAME: Colleen Ferris DEPE~RTMENT: 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: CITY OF~CUPERTINO:
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By: ~--~ ~-~~ ~ :-r By: _ C9-P~ ~ ~~ ~ti u~
Title: ~,' -f-ne f s ; .~i ~ ~ Title: Recreation Coordinator
Social Security #: ~ `J
APPROVALS
E:I(PENDITURE DISTRIBUTION
DE HEAD DATE ACCOUNT NUMBER AMOUNT
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~' ,570-6450-7014 $5000.00
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CITY C K DATE
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EXHIE3IT A
1. The City reserves the right to terminate this Agreement with a 30-day 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 TB test.
3. In the event that less than the required minimum number of participant shall request and pay for
services prior to the agreed upon time for the commencement of services to be preformed by
Contractor, City may cancel and withdraw from this Agreement.
4. City shall have no right of control as to the mariner 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, FICA laws, and the City
business license ordinance.
6. The Contractor shall not promote his/her business to participants registered in the City's
programs
CUPERTINO
July 6, 2009
Martha Engber
3486 Garden State Drive
Santa Clara, CA 95051
To Whom It May Concern:
OFFICE OF THE CnY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) '777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupf:rtino.org
A copy of the fully executed agreement with the City of Cupertino is enclosed. If you have
any questions or need additional information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure