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09-001 Julie NottageAGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, IAA 95014 . ~f.~~ (408) 777-3200 ~6~ ~~ ~~ K NO. Fiscal Year 2008-2009 BY THIS AGREEMENT made and entered into on tFie 1st day of July, 2007 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1)Julie Nottas~e 1210 Johnson Ave San Jose CA 95129 (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: Fitness Instruction EXHIBITS: The following attached exhibits hereby any made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on Apeil 24, 2009 and shall be completed before June 3.0, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $35 per 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 pertorming services described herein. Insurance. Should the CITY require evidence of insurability, CONTRACTOR shall file with CITY a Certificate of Insurance before commencing any servi~~es 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 ths~t 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 1:ransferred 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: El~"ERED NAME: Colleen Ferris DEP/~RTMENT: Parks 8~ 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. CONTRACTOR: CITY O~~JP~TINO: Title? _ Title: Recreation Coordinator Social Securi #: ~6 7 - ~~ -3 9 yL APPROVALS EXPENDITURE DISTRIBUT ION DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT DATE 570-6450-7014 $600.00 CITY C DATE r 3 ~