06-001, Martha Engber
.~-~
(}:114-1
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
No.CWZJS-Sl7~
Fiscal Year 2006-2007
BY THIS AGREEMENT made and entered into on the 1st day of July, 2006 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Martha Enaber. 3486 Garden State Dr. Santa Clara CA 95051
(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 JulV 1. 2006 and shall be
completed before June 30.2007.
COMPENSATION: For the full performance 01 this Agreement. CITY shall pay CONTRAcT~RED
GENERAL TERMS AND CONDITIONS:
Hold Hannless. 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:
NAME: Colleen Manning
DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have executed this
year first written above.
CONTRACTOR: ""L/~--z.j'/'oer
By: ~~ ~
Title:' . '~ I' /'
Social Security #: j ?y, ~ 'i' - ., t', <6 7
CITY OF CUPERTINO:
a fi' ~ -
By: ~~---'- I..-'t..e:./L-- L.-<----~
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
570-6450-7014
AMOUNT
$4000.00
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 10callaws 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 4n.3/97