10-001 Susan Schultz AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
V_' (408) 777 -3200
NO
Fiscal Year 2010 -2011
BY THIS AGREEMENT made and entered into on the 1st day of July,'2OWby, and between the CITY
OF CUPERTINO, CA (Hereinafter referred to as CITY) and pia
(1) Susan Schultz
(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 are made part of this Agreement: Exhibit A
TERMS: The services and /or materials furnished under this Agreement shall commence on
July 12010 and shall be completed before June 30, 2011
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$40 per class.
GENERAL TERMS AND CONDITIONS: �jT�jED
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its office s, agents, an
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:
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.
CONTRACTOR: ' CITY t UPER O:
By: �.� — By: �—.—
Title: c _ Title: Recreation Coordinator
Social Securi #: SS z
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE 570 -6450 -7014 $5,000.00
CITY C
DATE .,/ u
. ; - -i J
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 nurnber 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