07-001, Melissa Pittillo
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. ~1ZflJ~--sr.;( 3
Fiscal Year 2006-2007
BY THIS AGREEMENT made and entered into on the 1st day of March, 2007 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and
(1) Melissa Pittillo. 310 N First St #3 Campbell. CA 95008
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:
yoaa instruction. fitness orientations. and personal training
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A & B
TERMS: The services and/or materials furnished under this Agreement shall commence on
March 1. 2007 and shall be completed before June 30. 2007.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$40 per yoga class and $35 oer session for personal training and $15 for fitness orientations.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, agents, and
employees from any and all damage 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 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 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 ood 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. ~
CONTRACT COORDINATOR and representative for CITY shall be: - U ENTERED
NAME: Colleen Ferris DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY. In witness thereof, the parties have
executed thO reement the day and year first written above.
C TO . CITY CJ.ERT.INO: ,
By: 10- ~v--:\
Title: Recreation Coordinator
APPROVALS
DEPARTMENT HEAD
DATE
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
570-6450-7014
AMOUNT
$5000.00
1/4/07
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. 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
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