12-001 Marla Yonamine CITY OF AGREEMENT FY 2011-2012
CITY OF CUPERTINO
10300 Torre Avenue
l '
CUPERTINO { Cupertino, CA 95014
{{! 408-777-3200
/
BY THIS AGREEMENT, made and entered into on the day of January 25, 2012 by and between th CITY Fa
CUPERTINO (Hereinafter referred to as CITY) and Marla Yonamine; Address: 1259 Morningside Dr. Sunnyvale,
CA 94087; Phone : mivon(a�sbc_global.net(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:
Teach Dance exercise (VivAsia) class at the senior center, 50 minutes per class, 8 classes per session
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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 March 1, 2012 to June
30 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
The city will pay the instructor$36 per registered student per 8-week session. 4h
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California Labor Code, Section 1771 requires the payment of prevailing wage to all workers employed on a PublicJWorks contract in excess of
$1,000.00.
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. ENTERED
CONTRACT CO-ORDINATOR and representative for CITY shall be: `✓
NAME: Teresa Feng Mo DEPARTMENT: Senior Center
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: CITY OF CUPERTINO:
By ��� � �
APPROVALS EXPENDITURE DISTRIBUTION
D -ART NT HEAD D TE ACCOUNT NUMBER AMOUNT
�j Z—_ 110-6549-6316 $500.00