09-001 Melissa SwickAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, C:A 95014 ~J
(408) 77~r-3200 NO. ~ ~/ b
~~ Fiscal Year 2009-2010
~~
BY THIS AGREEMENT made and entered into on the IS` day of Julfy, 2009 by and between the CITY OF CUPERTINO, CA
(Hereinafter referred to as CITY) and (I) Melissa Swick, 32501 Glendale Avenue Menlo Park, CA 94025
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: yoga instruction.
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 CONTRACT 42 er class
r~ ~~ .~:~„ t E,~~...
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 with CITY a Certificate of
Insurance before commencing any services under #his AgreE~ment. 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 ceri:ifies 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 sh;alf be:
NAME: Colleen Ferris DEP~aRTMENT: Parks 8 Recreation
This Agreement shall become effective upon its execution b~/ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT OR: .. CITY.OF CUPERTI O:
J .
gy v~ ~/
Title: ~ Title: Recreation Coordinator
Social Security #: 45 -7813
APPROVALS
EXPENDITURE DISTRIBUTION
DEPAR HEAD .DATE. ACCOUNT NUMBER AMOUNT
~ Z e 570-6450-7014 $11,000.00
CI CL ! ~ Je/' l j~ D E
D
EXH1131T 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 }Toung~r, 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 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
CUPERTINO
July 6, 2009
Melissa Swick
3250 A Glendale Avenue
Menlo Park, CA 94025
To Whom It May Concern:
OFFICE OF THE Cllrlf CLERK
CITY HALL
10300 TORRE AVEPJUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cup~rtino.org
A copy of the fully executed agreement witrl 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