11-001 Elizabeth Shannon CITY OF AGREEMENT
'6)
CITY OF CUFERTINO
4S1.4fr b �1 10300 Torre Avenue
CUPERTINO ✓ `7 Cupertino, CA 95014 ap j3QJ )
408 - 777 -3200 NO. 7 / /
BY THIS AGREEMENT, made and entered into this 30 day of June, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Elizabeth Shannon
Address:
(Hereinafter referred 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 and shall be
completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreemert, CITY shall pay CONTRACTOR:
70% of resident fees minus $5 administration fee per participant plus 1 /2 of drop in fees
GENERAL TERMS AND CONDITIONS
Hold Harmless. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers,
officials, employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of
action, losses, damages, liabilities, or judgments known or unknown, and all costs and expenses, including reasonable attorneys'
fees in connection with any injury or damage to persons or property to the extent arising directly or indirectly out of any negligence,
error, omission, recklessness or willful misconduct of CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in
relation to the performance of services under this Agreement. Such defense and indemnification shall not apply in any instance of
and to the extent caused by the sole negligence, recklessness or willful misconduct of CITY, its officers, officials, employees,
volunteers, agents or representatives.
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. No discrimination shall be made in the employment of persons under this Agreement because of the race,
color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship 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 CO- ORDINATOR and representative for CITY shall be: ENTERED
NAME: Karen Levy DEPARTMENT: Parks and 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
DEPARTME 'AD DA' _ACCOUNT NUMBER AMOUNT
7 / 580 - 6449 -7014 // $1,000.00
CITY CLERK - P AT
EXHIBIT 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 TB 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 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 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 ordinance.
6. The Contractor shall not promote his /her business to participants registered in the
City's programs.
Revised 4/23/97