09-001 Colin TriplettAGREE=MENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 9
(408) 777-3200 NO. ~~ ~~/
Fiscal Year 2009-2010
V
BY T1dIS~REEMENT 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 (1j Colin Tripled`. 16171 Hillvale Ave Monte Sereno CA 95030 (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 part of this Agreement: Exhibit A & B
TERMS: The services and/or materials furnished under this /agreement shalt commence on September 1.2009 and shall
be completed before June 30.2010.
COMPENSATION: For the full performance of this Agreemf~nt, CITY shall pay CONTRACTOR: $35 per class, $15 per
circuit training class, 60 % of fees collected for completed personal training
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold r~armless 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 insurak~ility, 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 P,greement 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 n~~t 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: ~~j~TEDDD
NAME: Colleen Ferris DEPARTMEIJT: Parks 8~ Recreation j~ j
This Agreement shall become effective upon its execution b~y CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRA T R: ~ ~`''^ ~ ~~ CITY OF PERTINO:
sy: sy: _ ~-~.~
Title: Title: Recreation Coordinator
APPRO S
EXPENDITURE DISTRIBUTION
DEPAR EN H DA E ACCOUNT NUMBER AMOUNT
r~~ ~ ~' ~ 570-6450-7014 $4,000.00
CITY C K DATE/ / Q~
8 /~ (d/
~ ~
J
EXHIBIT 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 witYi City a Certificate of Worker's
Compensation Insurance and for those in;~tructing 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 tb.e 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, Linemployment insurance benefits, FICA
laws, and the City business license ordinance.
6. The Contractor shall not promote his/her '~~usiness to participants registered in the
City's programs.
Exhibit B
1. All CSC personal training clients will be instr~~cted on site at the Cupertino Sports Center for
personal training sessions purchased at the Cupertino Sports Center. Under no
circumstances will personal trainers be allov~~ed to instruct CSC clients in a location outside
the Sports Center for their CSC training sessions without prior approval from CSC
management.
2. The City of Cupertino, and the Cupertino Sports Center wilt not be responsible for any single
or group activities outside of the CSC personal training sessions conducted by the Personal
Trainer.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
August 27, 2009
Colin Triplett
16171 Hillvale Avenue
Monte Sereno, CA 95030
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