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09-001 Olivera RadisicAGREEMENT . CITY OF CIIPERTINO 10300 Torre Avenue / Cupertino, CA 95014 . 4~3~ ~J (408) 777-3200 NO. ~-~~-~~ Fiscal Year 2009-2010 BY THIS AGREEMENT made and entered into on the 1st day of September, 2009 by and between the CITY OF CUPERTINO, CA (Hereinafter referred to as CITY) and (1)Olivera Radisic 10673 Culbertson Dr Cupertino CA 95014 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as fellows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Fitness Instruction EXHIBITS: The following attached exhibits hereby an' made part 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 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 pertormance 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 th~~t this Agreement is not a contract of employment in the sense that the relation of master and servant e~:ists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independF~nt 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 shall be: ENTERED NAME: Colleen Ferris DEPARTMENT: Parks ~ 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. BONTR~~Tt7R~ ~_~ y ~ -~ ~ _~- Title: ~~; /~~~~.< l;~~fi-~.r yvr _ Social Security #: 619-12-8700 APPROVALS CITY F,C PERTI~~L By: Title: ecreation Coordinator EXPENDITURE DISTRIBUTION DEPARTMENT EAD ~4000UNT NUMBER AMOUNT DAT :570-6450-7014 $5,000.00 i CITY CLE DATE 8~a(r ~ q ~ yf~ J