10-001 Sara Frazier AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 (408) 77? -3200 Z 30 4 Fiscal Year 2010 -2011
201ID
BY THIS AGREEMENT made and entered into on the 1st day of July ,-2909 -by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Sara Frazier 95014 (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
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: $ 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 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: N
NAME: Colleen Ferris DEPARTMENT: 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.
CONTRAC
By. _ X ��-AA 'ls��
Title: c Title: Recreation Coordinator
Social S uri #: 557 -19 -9391
APPROVALS EXPENDITURE DISTRIBUTION
DEPAR EAD D TE ACCOUNT NUMBER AMOUNT
o �� 570 -6450 -7014 $5000.00
cl LE K \ DATE
-311 D ,ill
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 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 marner in which such 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