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11-001 Grace DuValCITY OF a CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 BY THIS AGREEMENT, made an entered into this 20th day of May, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Grace DuVal (Hereinafter referred 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~ ' I· TERMS: The services and/or materials furnished under this Agreement shall commence on • 1, 2011 and shall be completed before June 30, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $35 per hour GENERAL TERMS AND CONDITIONS Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, officials, employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, or judgments known or unknown, and all costs and expenses, including reasonable attorneys' fees in connection with any injury or damage to persons or property to the extent arising directly or indirectly out of any negligence, error, omission, recklessness or willful misconduct of CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in relation to the performance of services under this Agreement. Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, officials, employees, volunteers, agents or representatives. 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. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship 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. v'B:i "''T''flD ?ID.:.·' .. CONTRACT CO-ORDINATOR and representative for CITY shall be: U ldJ¥ Ulll:i, __ NAME: Karen Levy DEPARTMENT: Parks and 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. CONTRA!. : .~ ,; / By ,©-£,( ~ Title Fitness Instructor Soc. Sec.# or Tax l.D ::;r:=~ Title: Recreation Coordinator EXPENDITURE DISTRIBUTION 580-6449-7014 $2000.00 11·. 1i1Me <Eit~F1~i~ tfileri~lfttfO tfemillil1te tffills~~ ~1lliaa3Jb~1lIBtfCe. lilwe ~filr11mcyWRHfffitfe tffit1s~reemelit~fb11la3ib-~ wtllieb~tee. ~. IHithfe<ewrttttffihthfe<(IBMflliffifrltfus•~~ ~U1~~~~1in1tQfmHwa1fCectf ~~, ~~r~hffire 'Wffu((iffir'b.cee-Hf~qff~htl;8s · . ~ffib!R§trflRf&'ecmffifmrtflRfil'ei~llifs-Wl~1fu~~saa141~r, II:ffiil@re fimge1}Jiffitcdfeiaftl1f&'eaJtlli Cffifffiffit 11% ~t. . 3.5. 111 tflte cewrtt~ffihl~ tRffih tfiterteijtirteh11Hnim+mh11IBRllierct~r~-tsffiiAb1~t 'fillli~fffirS[e~~!13fIBr% tbfe~fGlli~ ttmtefRfrtAfeC61filffifetfG8W81:tct!r>~"Wt6es 1fO Jwe113~ ~r~llfflliffifr, ceny11*ey~1'1Illli~ffilkfi!Yv4tffintffi~si)fg~. 4f. <fifflrsJwl!11Wa'%11R/f$1t<tf fCffiif fH I lLJs tfb tflfeiffilIB!fer~fAf6IBrljYe°f ffiffi¥s1ffte8§eWtee's 1f01:&e11fJfm-Rlf4i.¥reWthfJ~,ceffir~,a£ta.ffiS1~!Rfu,~~et~i1n1'VJtlt6h 1HfdhsSth~fees'ltfe~Bfg~fffi1~ ~4WeWtf~IBr. 53. 1hfe ~Afc!ffirslwJhce~ry~ltbaJh~ir8Mfe¥ffiefil1~ ~Mte,3Miliire~1lMWscmlli · '· cgffi~sillfdllilitwg,1imfwJt1iffii1f&it~h ,lffitffiij!ffi7YRfellt11WillP!Wee115:ar[n~~, fi:Ifu)\ lfii.Ws, 'tllitl tt1fe ~lfy9fil~1We~slif&81'~eoCllim!Wee. ~. '¥We~dltfAft£Hr8fil.lh11?6tl}5PcIB?6te1li~~Afer~~lW~~stt>~r~lli~if~!tffetlifutffie ~HY 13sl1Jflcfgftffits. Revis.edd4/23/97 Revise 4/23/97 I ·IC ' ,· . •. ?-·, . ; f.•, '