11-001 Sue and Kathy Line DanceCITY OF AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
2011-2012
BY THIS AGREEMENT, made and entered into on the 30 day of June 2011 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sue & Kathy Line Dance; Address:
(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:
Teach Line Dance Classes:
Tuesday evening-1.5 hours per class, 8 classes/session.
Wednesday evening-1 hour /class, 8 classes/session.
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:
Tuesday Class: $450 per session if <20 students. 1 teacher; minimum of 12 registered students per session.
$700 per session if >20 students, 2 teachers
Wednesday Class: $300 per session if <20 students, 1 teacher; minimum 12 registered students per session
$500 per session if >20 students, 2 teachers
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
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 liabJe 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.
authorized without the written consent of the City.
No changes or variations of any kind are
CONTRACT CO-ORDINATOR and representative for CITY shall be: ~ ENTERED
NAME: Teresa Feng Mo DEPARTMENT: Senior Center
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:
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APPROVALS
CITY OF CUPERTINO:
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
110-6549-6316 $5,000.00
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. City shall have no right of control as to the manner
Contractor performs the services to be performed, nor as to the content of any artistic performance. Nevertheless, City may, at any time, observe the manner in which the contractor is performing such services.
3. The Contractor shall comply with all applicable Federal,
State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, the City business license ordinance, and the provisions of federal law governing copyright protection found in Title 17 of the U.S. Code.
4. The contractor shall not promote his/her business to
participants registered in the City's programs.
5. The contractor may be required to provide a one million
dollar General Liability Certificate of Insurance with
the City listed as additionally insured.
6. In the event that less than the required minimum number
of participants shall request and pay for services
prior to the agreed upon time for the commencement or
service to be performed by Contractor, City may cancel
and withdraw from this Agreement.