11-001 Jhankaar BeatsAGREEMENT
CliY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
Fiscal Year 2011-2012
BY THIS AGREEMENT mad.e and entered into on the 1st day of July, 2011 by and between the CITY
OF CUPERTINO, CA (Hereinafter referred to as CITY) and
(1) Jhankaar Beats, LLC
(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 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
July 1. 2011 ~nd shall be completed before June 30. 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$35 per class.
GENERAL TERMS AND CONDITIONS:
Hold t-Jarmless. 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
cl~im, 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 Agreement is not a contract of employment in
the sense that the relatioh 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.
Chan~es. This Agreement shall not be assigned or transferred without the written cons~%the CITY.
No changes or variations of any kind are authorized without the written consent of the CIT~ O ENTERED
CONTRACT COORDINATOR and representative for CITY shall be:
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.
CONTRACTOR:
By: AP&l<-S~N13U
Title: cf\~~
CITYO
By:...-+.,,.......::::......."""'-':;..::::;.&.~~,.,__---
Title:
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE 570-6450-7014 $4000.00
I
Exhibit A
The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement with a 30-day written notice.
In the event that 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 T.B. test.
In the event that less than the required minimum number of participants shall request
· and pay for the services prior to the agreed upon time for the commencement of
services to be performed by Contractor, City may cancel and withdraw from this
Agreement.
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 Contractor.
The Contractor shall comply with au applicable Federal, State, and local laws and
ordinances including, but not limited to unemployment insurance benefits, F.I.C.A.
laws, and the City business license ordinance.