09-001 Math EdgeAGREEMENT
CITY OF CUPERTINO
10300 Torre' Avenue
Cupertino, C~A 95014
~ (408) 771-3200 NO. ~ ~~~~
_~ ~ Fiscal Year,yo~a~--~9
V
BY THIS AGR'E1=MENT made and entered into on the 22nd day of January, 2009 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Math Edge (2) Ewa Garg
Address: 14943 Granite Court City: Saratoga Zip: 45070 Phone: (408) 725-2680
(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:
Children's Yoga for the Afterschool Enrichment Program
EXHIBITS: The following attached exhibits hereby are made Fart of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this l~greement shall commence on February 9, 2009 and shall
be completed before June 5, 2009.
COMPENSATION: For the full performance of this Agreemen~;, CITY shall pay CONTRACTOR
$32.00 per student for the math tryouts.
Verbal Math Math and English Test Prep
$200 per Level 1 student per class $200 per K-5 student per class
$210 per Level 2 student per class $220 per 6-8 student per class
$220 per Level 3 student per class
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold h~~rmless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all costs of defending any claim, 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 A1reement 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: Susan Lewis DEP/~RTMENT: Parks 8 Recreation
This Agreement shall become effective upon its execution b)~ CITY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: /~
CITY OF CUPERTINO:
By
J...~~w.._ ~-a.-._
Title: (~S~rp ~ ~ dom. ~~~'C1 ~ Title: Recreation Coordinator
Social Security #: ~7 S -~~- - ~ 30
APPROVALS
EXPENDITURE DISTIL TION
P ENT HEAD DATE .ACCOUNT NUMBER AMOUNT
.3 - 580-6349-7014 $ x,,000.00
~..
~3-as-~~
~~
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 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 T.B. test.
3. In the event that less than the required minimum 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 tree 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, 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 & English Test Prep rind Verbal Math classes and the Primary Math World
Tryouts to students enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perfornn the services:
Verbal Math
Quinlan Level 1 K & u Wednesda 3:30 m to 4:30 m Conference Room
Quinlan Level 2 1 & u Wednesda 4:35 m to 5:35 m Conference Room
Eaton Level 2 1 & u Thursda 3:45 m to 4:45 m M/P
Eaton Level 1 K & u Thursda 4:50 m to 5:50 m M/P
Eaton Level 3 2 & u Thursda 5:55 m to 6:55 m M/P
Math & English Test Pren
Quinlan- En lish K-5 Tuesda 3:30 m to 4:30 m Conference Room
Quinlan -Math K-5 Tuesda 4:35 m to 5:35 m Conference Room
Quinlan -Math 6-8 Tuesda 5:40 m to 6:40 m Conference Room
Lincoln -Math K-5 Wednesda 3:30 m to 4:30 m Science Lab
Lincoln - En lish K-5 Wednesda 4:50 m to 5:50 m Science Lab
Primary Math World ('.ontest Tryouts
Quinlan 3-7 Tuesday , 2/10/09 7:00 pm to 8:15 pm Cup ertino Room.
Quinlan 3-7 Thursda y, 2/12/09 7:00 pm to 8:15 pm Cup ertino Room
3.The number and eligibility of persons to receive the :service:
Classes
Minimum = 8
Maximum = 25
4. Payment to CONTRACTORS for services: Payment made on 3/6/09, 4/24/09, 6/5/09
CLASSES WILL NOT BE HELD ON: 2/16-2/20, 3/1 ~6, 4/13-4117, 5122, & 5/25
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO
REGISTRATION PROCEDURES AS LISTED IN THE RECREATION SCHEDULE.
PARTICIPANTS SHOULD NOT TAKE PAF:T IN THE CLASS UNLESS THEY ARE
LISTED ON THE CLASS ROSTER OR S1~OW PROOF OF ENROLLMENT. ALL
PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408;1777-3223 • FAX: (408) 777-3366
W EBSITE: www.cul~ertino.org
CUPERTINO
March 31, 2009
Math Edge
Ewa Garg
14943 Granite Court
Saratoga, CA 95070
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 information, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure