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11-001 Cosie SasakiAGREEMENT CITY OF CUPERTINO 10~00 Torre Avenue Cupertino, CA 95014 (408) 777-3200 NO. (j1)7} S-7 d:<'?J 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) Cosie Sasaki (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 and Personal Training EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B 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: 60% of com leted er on I trainin fees 40 er fitness class GENERAL TERMS AND CONDITION : Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents,· and employees from any and all damag~ 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 pf 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 th.is 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 bf 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: . U £NTBRBD 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 OF CUPERTINO: EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 570-6450-7014 $5000.00 EXHIBIT A I. 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 fmgerprint clearance and current TB test. 3. In the event that less than the required minimum number ofparticipant 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 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. Exhibit B 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 b~ allowed to instruct CSC clients in a location outside the Sports Center for their CSC training sessions without prior approval 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.