11-001 Erika AsturiasAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 NO. ~S7dJJ<f
Fiscal Year 2011-2012
BY THIS AGREEMENT made and entered into on the 1st day of July, 2011 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Erika Asturias (Hereinafter
referred to as CONTRACTOR), in consideration of their mutual c6venants, 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, 2011 and shall be
completed before June 30, 2012. ·
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $35 per class, 60% of
completed personal training fees collecte~. $20 per orientation.
GENERAL TERMS AND CONDITIONS:
HQld 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 Certific;;:ite 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. ~ONTRACTOR 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.
v[} EN TiED 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 qnd year first written above.
CONTRACTOR: c _ .. ,_,.,. ~-:-~
By: J)CAJY...!0\-~ .::--==:--·
Title: f!Sc.8:"MJ c.. \ 4-r-tA ~ ~
Social Security #:
APPROVALS
By: ~IAJovLQ CITY ~UPERTINO,;-
Title: ?Creation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
570-6450r7014
AMOUNT
$4,000.00
I
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 whb will assist in the perfonnance of this Agreement, Contractor
shall file with City a Certificate of Worker's Compensation Insurance and for those instruct~g persons 18 years
and younger, provide fmgerprint 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 performed 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 perfortned 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.
ExhibitB
1. All CSC personal training clients will be instructed on site at the Cupertino Sports Center for personal
training sessions purchased at the Cupertino Sports Center. Under no circumstances will personal
trainers be allowed to instruct CSC clients in a location outside the Sports Center for their CSC
training sessions without prior ~pproval from CSC management.
2. The City of Cupertino, and the Cupertino Sports Center will not be responsible for any single or group
activities outside of the CSC personal training sessions conducted by the Personal Trainer.