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09-001 Elizabeth ShannonAGREEMENT CITY OF CI.~PERTINO CUPERTINO 10300 Torre Avenue ~~ Cupertino, CA 95014 ~~ f ~ ~ / ~ (408) 7'~7-3200 NO. ~~ b V~ BY THIS AGREEMENT made and entered into on the 1s1 of September, 2009 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) anti Elizabeth Shannon (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties here to 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 September 1, 2009 and shall be completed before June 30, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of resident fees minus $5 per participant plus'/ of droK> in fees 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 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. CONTRACI~OR 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 con:>ent of the CITY. CONTRACT COORDINATOR and representative for CITY :hall be: NAME: Karen Levy DEPARTMENT Parks 8~ Recreation ~~'T~ This Agreement shall become effective upon its execution key CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. APPROVALS CI"fY OF U RTINO: By: Title: Recreation Coordinator EXPENDITURE DISTRIBUTION DEPA E T HEAD DA E ACCOUNT NUMBER AMOUNT ~1 d~0 /fir ~ 580-6449-7014 $ 1000.00 CITY C ERK DATE~~O~ © r~ ~ O ~