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04-129 Judy Windt~~;- ~~ `3 AGREEMENT CITY OF C:UPERTINO 6 / 10300 Torre Avenue ` / ~~ y Cupertino, CA 95014 V (408) 777-3200 NO. ~~~~7 ACTT BY THIS AGREEMENT made and entered into on the 13 clay of December, 2004 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Judy Windt (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties here to agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Feldenkrais Instruction. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and/or materials furnished under this Agreement shall commence on December 13, 2004 and shall be completed before June 30, 2005. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of resident fees minus a $5.00 administration fee plus; '/z of drop-in fees. GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and held 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 no~: 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 tran~;ferred 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 CIT" shall be: NAME: Karen Levy DEPARTMENT: 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. ../~ Title,: Feldenkrais nstructor Social Security # nonanver c CITY OF CUPERTINO: ,-~..~ E3y: Gi~.~ /- l"itle: Recreation Coordinat EXPENDITURE DISTRIBUTION DEPARTv TE ACCOUNT NUMBER AMOUNT ~~ ~ 3 ~ 580-6449-7014 $1000.00 CITY CLER DAT ~ - ~a ~ ~ ~ ~