10-001 Sandra Escamilla-Meacham AGREEMENT
CITY OF CUPERTINO
,.,, 10300 Torre Avenue
CUPERTINO -'° Cupertino, CA 95014 NO. �t - �
( \ /,..i, 1 IT (408) 777 -3200
Fiscal Year 09 -10
BY THIS AGREEMENT made entered into on the CITY) 23rd dray of April, 2010 by and between the
CITY OF CUPERTINO (Hereinafter
Sandra Escamilla- Meacham
(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:
Water Aerobics instruction at Blackberry Farm.
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
June 1, 2010 and shall be completed before Jun pa, 2010. 4/2_1/441_ - r ��/._ 67)//v e .>sv-- )
COMPENSATION: For the full performance of this Agreement, CITY shall pay 1RieC`T'OR
$45 per class taught. (Will be teaching 12 consecutive 'Tuesdays, beginning June 1, 2010)
GENERAL TERMS AND CONDITIONS:
yees from
Hold Harmless CONTRACTOR agrees to save including harmless
co of defending anylcclaim, c au by or ng out of
any and all damage and liability of every nature, 9 all
the performance of this Agreement. CITY shall not be liable for acts of CONTRACTOR in performing services
described herein. l file with
ficate of
Insurance Should the CITY require evidence of this Agreement. tO Said Ovate sh shall be sub CITY a
t to the ap of
Insurance before commencing any services under 9 reme
CITY'S Director of Administrative Services.
at
Non - Disc It is understood and agreed that this Agreement a nersigned. cont
At Ittimes,pCONTRACTOReshall hbe
the relation of master and servant exists between C `
Y to any contracts or
" deemed to be an independent contractor and CONTRACTOR certifies that I no one who ho has or have any financial
other obligations in executing this Agreement. CONTRACTOR
interest under this Agreement is an officer or employee of CITY.
Chan es This Agreement shall not be assigned or r en consent without
the CITY written consent of the CITY. No changes or
variations of any kind are authorized without the rit en
CONTRACT COORDINATOR and representative for CITY shall be:
.J - ENTERED
NAME: Kelsey R. Hayes 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.
$���"
APPROVALS EXPENDITURE DISTRIBUTION AMOUNT
ACCOUNT NUMBER $250.00
DEPART N " '�• r DA 110 - 6220 -7014
CI CLE // ,, ( 4 DA - ,
n / /t / )7L ,§ 5//6 (',/,/C116i(0
/ ) .
EXHIBTT 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 employ: es 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 TB test.
3. In the event that less than the required min .mum number of participant shall request
and pay for services prior to the agreed upon a cancel and and withdraw from this Agreement. be preformed by Contractor, City may
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 c ontractor.
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 ordinance.
6. The Contractor shall not promote his /her business to participants registered in the
City's programs.
Revised 4/23/97