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09-001 Sa-ad Kongboon (2)AGREEMENT CITY OF CUPERTINO ~- 14300 Torre Avenue Cupertino, (:A 95014 y / (408) 777-3200 Y ~ NO.r~~~~ / Fiscal Year 2008-2009 BY THIS AGREE1dlENT made and entered into on the 17 day of March, 2009 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Sa-Ad Konobon 95014 (Hereinafter referred to as CONTRAGTOR), 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 Instructor EXHIBITS: The following attached exhibits hereby are made ~aart of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on April 1, 2009 and shall be completed before June 30, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 per yoga class. 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 wi#h 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 conse~~t of the CITY. A~ CONTRACT COORDINATOR and representative for CITY shall be: E1~ j EKED NAME: Colleen Ferris DEPr~RTMENT: Parks 8 Recreation This Agreement shall become effective upon its execution b~/ CITY. to witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: __ By. / ~~ , _ ~ ,~ ~ - . , ,-- By. _ ~~~ ~~--- Title: ~-~ '', Title: Recreation Coordinator Social Se~iarity #: 555-06-2014 `~ APPROVALS EXPENDITURE DISTRIBUTION DEP HEAD DATE ACCOUNT NUMBER AMOUNT r 3 1,y 570-6450-7 4 $600.00 ciTY c TE ~ 2 ~ ~ p Exhit~it A The City reserves the right to terminate this Agreement with 30 days notice. The Contractor may terminate this Agreement with a 30-day written notice. In the event that 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 cleazance and current T.B. test. In the event that less than the required minimiun number of participants shall request and pay for the services prior to the agreed up+~n time for the commencement of services to be performed by Contractor, City nnay cancel and withdraw from this Agreement. City shall have no right of control as to the mz~nner Contractor performs the services to be performed. Nevertheless, City may, at aaly time, observe the manner in which such services are being performed by Contractor. The Contractor shall comply with all applicablie Federal, State, and local laws and ordinances including, but not limited to unemployment insurance benefits, F.I.C.A. laws, and the City business license ordinance.