09-001 Courtney Harrington~ 43;5
AGREEMENT
CITY OF CU~PERTINO
10300 Torus Avenue
Cupertino, C;A 95014
(408} 77'7-3200
NO. ~l,~b J~~/
Fiscal Year 2009-2010
BY THIS AGREEMENT made and entered into on the 1st day of July , 2009 by and between the CITY OF CUPERTINO,
CA (Hereinafter referred to as CITY) and (1) Courtney Harrin~tton 10090 Pasadena Ave 4 A Cupertino CA 95014
(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 andlor materials: Fitness Instructor
EXHIBITS: The following attached exhibits hereby are made Dart of this Agreement: Exhibit A
TERMS: The services and/or materials furnished under this Agreement shall commence on September 1, 2009 and shall
be completed before June 30, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $40 pgr class.
GENERAL TERMS AND CONDITIONS:
Hotd 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 <:osts 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 Agree3ment. 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 sh;sll be: ENTE~E~
NAME: Colleen Ferris DEPARTMEIJT: 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: CITY OF PERTINO:
f ,
By: ~ ~,_..~ By:
Title: ~ ~ . ,; -- Title: Recreation Coordinator
APPROVALS
EXPENDITURE DISTRIBUTION
DEPA DAT ACCOUNT NUMBER AMOUNT
~% ~ ~ - fl c 570-6450-7014 $4,000.00
C CL , AT~~
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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 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 'CB 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 thf, 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 ordina~ice.
6. The Contractor shall not promote his/her t~usiness to participants registered in the
City's programs.