04-001, Sophie Giaretta (2)
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO.tJlJ1J S- 3 r ~ S-
Fiscal Year
BY THIS AGREEMENT made and entered into on the 10th day of February, 2004 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Sophie Giaretta.
(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 Instructor
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 co 2004 and shall be
completed before June 30. 2004. // r .'~
COMPENSATION: For the full performance of this Agreement, CITY shall peW CO~T~OR:
! I
GENERAL TERMS AND CONDITIONS: k~~
Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY,' officers ents, and employees from
any and all damage and liability of every nature, including all costs of defending any , eaused 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 relation 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 COORDINATOR and representative for CITY shall be:
NAME: Colleen Manning
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:
Title: P ,"i--Y'f'S-, '=---t-O.s.~ L~-r
Social Security #:
CITY CUPERTINO:
B~>
Title: Recreation Coordinator
APPROVALS
DEPARTMENT '"
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
570-6450-7014
AMOUNT
$3,000.00
Exhibit A
1. 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.
2. 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 all applicable Federal, State, and local laws and
ordinances including, but not limited to unemployment insurance benefits, F.LC.A.
laws, and the City business license ordinance.