08-001 Dan Gertmenian (3)OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 ~ FAX= (408) 777-3366
WEBSITE: www_cupertino.org
CUPERTINO
November 25, 2008
Dan Gertmenian
167 Alcanes Drive, #15
Sunnyvale, CA 94086
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If
you have any questions or need additional inforniation, please contact the Parks and Recreation
department at (408) 777-3110_
Sincerely,
CITY CLERK'S OFFICE
Enclosure
AGREE~/IENT
CITY OF CUPI=RTINO
10300 Torre <\venue
/, ~ Cupertino, CA 95014 ~7
(408) 777-3200 NO. ~~ ~~/ /
/ Fiscal Year
BY THIS AGREEMENT made and entered into on the 12th <iay of September, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Dan Gertmenian (2Z
Address-:167 Alcanes Drive #15 City: Sunnyvale _Zip: 94086 Phone: (650) 967-3500
(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:
Math Olympiads Problem Solving classes for the Afterschool Enrichment Program.
EXHIBITS: The following attached exhibits hereby are made pat of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Agreement shall commence on October 16. 2008 and shall
be completed before February 6. 2009.
COMPENSATION: For the full performance of this Agreement, ~ :ITY shall pay CONTRACTOR:
70% of final roster fees, minus a $ 10.00 administrative fee per participant
GENERAL TERMS AND CONDITIONS:
Hold Harmless. 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 co;;ts of defending any claim, caused by or arising out of the
performance of this Agreement. CITY shall not be liable for accts of CONTRACTOR in pertorming 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 ~f the CITY. ^
CONTRACT COORDINATOR and representative for CITY shall be: ~„J~ ~NTERED
NAME: Susan Lewis
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.
CONTR CTOR:
By: '
Title:
Social Security #:
CITY OF CUPERTINO:
By: s~-
Title: Recreation Coordinator
APPRO~AyLS
EXF~ENDITURE DISTRIBUTION
PA ME T D DATE ACCOUNT NUMBER AMOUNT
580-6349-7014 $ 9,500.00
Y CLE K DATE /j'~
J
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days notice. The
Contractor may terminate this Agreement wiith a 30-day written notice.
2. In the event that the contractor has employees who will assist in the pertormance 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.
3. In the event that less than the required miniimum number of participants shall
request and pay for services prior to the agreed upon time for the commencement
of services to be performed by Contractor, City may cancel and withdraw form this
Agreement.
4. City shall have no right of control as to the manner Contractor performs the services
to be performed. Nevertheless, City may, a~t any time, observe the manner in which
such services are being performed by the Contractor.
5. The Contractor shall comply with all applicsible 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.
6. The Contractor shall not promote his/her business to participants registered in the
City's programs.
EXHIBIT B (Services)
1. The services. to be performed by CONTRACTOR:
The contractor shall provide Math Olympiads ProblE~m Solving classes to students enrolled in the
Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
School Da Room Time Grades
Stocklmeir Monda Music Room 3:1 O m to 4:25 m 4-6
Quinlan Communit Thursda Conference Room 3:45 m to 5:00 m 4-6
Quinlan Communit Thursda Conference Room 5:00 m to 6:15 m 6-8
Creekside Park Frida Park Buildin 3:45 m to 5:00 m 3
Creekside Park Frida Park Buildin 5:00 m to 6:15 m 4-6
3. The number and eligibility of persons to receive the service:
Minimum: 8
Maximum: 25
4. Payment to CONTRACTORS for services:
Payment made on 11/7/08, 12/19/08, 2/6/09
CLASSES WILL NOT BE HELD ON: 10/31, 11/10, 11/27, 11/28, 12/22, 12/25, 12/26, 12/29, 1/1/09,
1 /2/09, 1 /19/08
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCHEDULE. PARTICIPANTS SHOULD NOT
TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS ROSTER OR SHOW
PROOF OF ENROLLMENT. ALL PARTICIPANTS AIVD VOLUNTEERS NEED TO COMPLETE THE
WAIVER OF LIABILITY FORM BEFORE TAKING FART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.