09-001 Jeanne DuceAGREEMENT
CITY OF CUPERTINO
10300 TorrE~ Avenue
Cupertino, GA 95014 ~~_5--~'~,~
(408) 77 ~'-3200 NO.
~ / .~ p~' Fiscal Year 2009-2010
V ~ 0p ~4
BY THIS AGREEMENT made and entered into on the 1s;t day of July, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Jleanne Duce 3112 Mattigue Dr SJ CA 95135(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 Instructor
EXHIBITS: The following attached exhibits hereby are made Fart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1. 2009 and shall be
completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreemen~l, CITY shall pay CONTRACTOR: $40 per class.
GENERAL TERMS AND CONDITIONS: E~'TER
Hold Harmless. CONTRACTOR agrees to save and hold h~~rmless the CITY, its officers, ents, and emp es 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 A1reement 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 transfers=d 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 shell be:
NAME: Colleen Ferris DEP/~RTMENT: Parks 8~ Recreation
This Agreement shall become effective upon its execution b~~ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
~ ,
Title-~' :'~ ; . _ , , . , x
CITY OF ERTINO:
By: _ ~
Title: recreation Coordinator
Social Security #: 083-56-9229
APPROVALS
EXP pITURE DISTRIBUTION
DEPAR EAD D E ACC U T NUMBER AMOUNT
~ ~ - ~~ < <~ 570450-7014 $2100.00
CI L K'. DAT
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EXHIEtIT 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 ~,vho 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 in:.urance 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