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07-001, Q.C. Doughty NO. l7l)fJ S-S-t6 S- Fiscal Year 2007-2008 BY THIS AGREEMENT made and entered into on the 1st day of July, 2007 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Q.C. Douahtv 1225 Vienna Dr # 586 Sunnvvale. CA 94089 Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 CONTRACTOR shall provide or furnish the following specified services and/or materials: Personal Trainer 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 Julv 1. 2007 and shall be completed before June 30. 2008. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 60% of fees collected for completed personal trainina. ~ E GENERAL TERMS AND CONDITIONS: hrTERED Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, i ffice~~ 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 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. CONTRACT COORDINATOR 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, the parties have executed this Agreement the day and year first written above. B: ITY OF CUPERTINO: By (}1JUA ~ Title. Recreation Coordinator Title: O! V"~o.,\,\: I "1 ...-ef: ",,-0 v Social Security #: 292-82-3047 APPROVALS DEPARTMENT DATE EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 570-6450-7014 $30,000.00 EXHIBIT A 1. The City reserves the right to terminate this Agreement with a 3D-day written notice. The contractor may terminate this Agreement with a 3D-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 other business interests to participants registered in the City's programs. Exhibit B 1. All CSC personal training clients will be instructed on site at the Cupertino Sports Center for personal training sessions purchased at the Cupertino Sports Center. Under no circumstances will personal trainers be allowed to instruct CSC clients in a location outside the Sports Center for their CSC training sessions without prior approval from CSC management. 2. The City of Cupertino, and the Cupertino Sports Center will not be responsible for any single or group activities outside of the CSC personal training sessions conducted by the Personal Trainer.