09-001 Debrah RodineAGREEMENT
CITY OF CIIPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 ~6 /~
-~ ~ NO.
Fiscal Year 2009-2010
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)Debrah Rodine 660 Tvrella Ave #7 Mountain Vie~~v CA 94043
(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 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, 2009 and shall be completed before June 30, 2010.
COMPENSATION: For the full performance of this Acreement, CITY shall pay
$40 per class.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save an~1 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 servi~;es 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: Colleen Ferris DEPF~RTMENT: Parks $ Recreation
This Agreement shall become effective upon its execration by CITY. In witness thereof, the parties have
executed this Agreement the day and year first written above.
CONT ~~~ CITY O '~U RTINO~
BY~ _ By: ~-~~ Qo ire /t~~
Title: x, Z, Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD P,000UNT NUMBER AMOUNT
DATE 570-6450-7014 $9,000.00
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EXHIEtIT 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 vv~~itten notice.
2. In the event that the Contractor has employees ~Nho 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 frorr- this Agreement.
4. 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 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
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVE~IUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
W EBSITE: www.cupf:rtino.org
CUPERTINO
July 6, 2009
Debrah Rodine
660 Tyrella Avenue, #7
Mountain View, CA 94043
To Whom It May Concern:
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
Enc-osure