10-001 Pacific Dance Company, LLC, Julie Stewart AGREEMENT
CITY OF CUPERTINO
CUPERTINO 10300 Torre Avenue
Cupertino, CA 95014 ()-
(408) 777 -3200 NO. d
V
BY THIS AGREEMENT made and entered into on the 28th day of June, 2010 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and
1) Pacific Dance Company, LLC 2) Julie Stewart
(Hereinafter referred to as CONTRACTOR), in consideraticn of their mutual covenants, the parties here
to agree as follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials: Dance 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
July 1, 2010 and shall be completed before June 30, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fees - $5 per participant administration fee.
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. 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: 0 L
NAME: Karen Levy DE=PARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this
APPROVALS EXPENDITURE DISTRIBUTION
DEP411TWeNT EAD DAT ACCOUNT NUMBER AMOUNT
U 580 -6449 -7014 $ 15,000.00
CITY CLER ATE 7
�! i 2 `�i 1
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 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 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.
Revised 4/23/97