11-001 Pacific Dance Studio, Julia StewartCUPERTINO . ?')ffJ (/-7
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
BY THIS AGREEMENT, made and entered into this 301h day of June, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
1) Pacific Dance Company, LLC 2) Julie Stewart
(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: Dance 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.
CO!liiPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fees minus $5 administration fee per participant
GENERAL TER~1S AND COND!TIOf~S
Ho!d Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers,
officiais, employees, volunteers, agents and representatives, from and against any and ail claims, demands, actions, causes of
action, losses, damages, liabilities, or judgments known or unknown, and all costs and expenses, including reasonabie attorneys'
fees in connection v-,;ith any injury or darnage to persons or property to the extent arising directly or indirectly out of any negligence,
error, omission, reci<iessness or wiliful misconduct of CONTRACTOR, or anyone for whom CONTRACTOR is legally Hable In
n::~ation to the perfcm1ance of services under this l\greernent Such defense and indemnification shall not appiy in any instance of
and to the e:..1:ent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, officials, amp!oyees,
vo~unteers, agents or representathtes.
~nBuranii£>:. S!-HJUiU u-1~ City rt:quirE: ~vich~nGB of in&urabmty, Contractor si-,an fHt:: wtu-~ City a Ct=:rtif~cat~ of inti:uranc-t: Ut:for~
commencing any services foJnder this Pigreement Said Certificate shaU be subject to the approvai of Cit:{s Director of i\dmin~straf~ve
i\~on .. LJh3criminativnm t~o discrimination shall be made in tire employment of persons under this i·\greement because of1h€: race,
Goior, nauonai origin, anc€;st1-y1 reHgk;n or s~x of suci-1 per&on.
Interest of Contractor. lt is 1.mderstood and agreed that this Agreement is not a contract of empioyment in the sense that the
r~iath,;nsi-ilp of fl1ast€:f and s~rvant exists bet~iit:Bn City and tH1den;igneU. /!,t ~ii tin1~s, Contr~ctur B~18H be U~en1f:d to Ut: an
independent contractor and Contractor is not authorized to bind the City to any contracts or other obilgations in executing this
agree1nent. Contractor wrtffii:B ti-~at no on~ ~ifi-10 has or vim 1-,a_v~ any f~nancha' ~nt€'r~st under u-,fs Agr€en1ent is an officer or
employee of City.
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any r~~nd are auti-iorfzied ~viti-iout t~-,ti \fVritten consent uf thB Clt:r.:~
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'!~\.
JeJ ENTERED "
This Agreement shall becon1e effective upon its execution by CiTY1 in "~.;itness thereof; the parties have executed this
A'.tgreement the day and year ftrst v.;ritten above.
:~~R~ ;;ti~ance instructor
CiTi OF CUPERTiNO:
Titie: Recreation Coordinator
Soc. Sec.# or Tax l.D':
APPROVALS EXPENDITURE DiSTRiBUTiON
580-6449-7014 $15,000.00
EXHIBIT A
1. The City reserves the right to terminate this Agreement with a 30-day notice. The
contractor inay tenninate 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 perfom1ed. Nevertheless, City may, at any time, observe the manner in Vv'hich
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, FIChl"1li::c"'.
laws, and the City business license ordinance.
6. The Contractor shall not promote his/her business to paiiicipants registered in the
City's programs.
Revised 4/23/97