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09-001 Susan SchultzAGREEMENT CITY OF CIIPERTINO 10300 Torre Avenue Cupertino, t;A 95014 ~~ (408) 777-3200 ` ~ Fiscal Year 2009-2010 BY THIS AGREEMENT made and entered into on tf ie 1st day of July, 2009 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1)Susan Schultz 3324 Pearltone Dr San Jose CA, 95117 (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 arcs 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 Agreement, CITY shall pay CONTRACTOR: $40 per 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 nsurability, 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 th~it 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 DEPi~RTMENT: Parks & 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. CONTRACT R: CITY O,F~JTINO: ` By: ~ _ By: (e _ Oo Title: %f~-a.~ Title: Recreation Coordinator ~ Social Security #: _ APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD I~CCOUNT NUMBER AMOUNT DATE !i70-6450-7014 $5,000.00 i ~~~ ~ CITY C RK ~ D '~ _ `~- ~ ' 'L ~' p 1 DG'9 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) ;'77-3223 • FAX: (408) 777-3366 WEBSITE: www.cupe:rtino.org CUPERTINO July 6, 2009 Susan Schultz 3324 Pearltone Drive San Jose, CA 95117 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 Enclosure