11-001 Melissa SwickAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
upertino, CA 95014
408) 777-3200 NO. ~-zl S-7.:/ f CJ
Fiscal Year 2011-2012
BY THIS AGREEMENT made and entered into on the 1st day of July, 2009 by and between the CITY OF CUPERTINO, CA
(Hereinafter referred to as CITY) and (1) Melissa Swick,
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 service$ and/or materials: yoga 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 1, 2011 and shall be
completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $42 per class
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and empfoyee-S'!C"frem
any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out afthe
performance of this Agreement. CITY shall not be liable for ~cts of CONTRACTOR in performing services described
herein.
Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of
Insurance before commencing any services under thi$ 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,. GONTRACTOR 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 ClfY. No changes or
variations of any kind ·are authorized without the written consent of the CITY. '1J ENTERED CONTRACT COORDtNATOR 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, th~ parties have executed this
Agreement the day and year first written above.
/ CITY O~UPERTINO
By: -:::::::=t:.=.\=;!~~..:::::::"r.--...,,.....-,,-t--r-rr-,......,.--:--1t---By: ~ Title: Title: Recreation Coordinator
Social S
APPROVALS EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER 570-6450-7014 AMOUNT $11,000.00
Exhibit A
The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement with a 30-day written notice.
In the event that Contractor has employees who wili 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 T.B. test.
In the event that less than the required minimum number of participants shall request
· and pay for the 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.
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 Contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and
ordinances including, but not limited to unemployment insurance benefits, F.I.C.A.
laws, and the City business license ordinance.