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09-001 Madhu Marathe (2)AGREE~JIENT CITY OF CUPERTINO 10300 Torre ,4venue Cupertino, CA, 95014 ~j ~ (408) 777-3200 NO. ~y~ ~~ ~ Fiscal Year BY THIS AGREEMENT made and entered into on the 18th day of September, 2009 by and between the CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Madhu Marathe (2j Address: 20876 Beauchamps Lane City: Saratoga Zip: 95070 Phone (408) 252-2770 (Hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto follows: CITY OF agree as CONTRACTOR shall provide or furnish the following specified services and/or materials: Vedic Math instruction for the Afterschool Enrichment Program. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B TERMS: The services and/or materials furnished under this Agreement shall commence on October 19, 2009 and shall be completed before February 12, 20010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: 70% of final roster fees minus a $10 administrative fee per student. 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 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 insurabili~:y, 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 transferre(i 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: E~ Y ~~~,~ 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. CONTRACTOR: By: I`'f ~~tiu P'~GrA~~ Title: y(,N l~' ~q tT~, ~hs /~~%tt'~'r Social Security #: ~`~.~ - ~ ~ ~ Z ~ L~ CITY OF CUPERTINO: By: ~,~,~~.. ' Title: Recreation Coordinator APPROVALS EXPENDITURE DISTRIBUTION ART NT HEAD DATE ACCOUNT NUMBER AMOUNT ~' v 5~g0-6349-7014 $ 2,500.00 K DATE ~~,~.~ _ a9-o9 © '~ O [~ 7 ~~0.~ 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 the mmanner 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 applic~~ble Federal, State, and local laws and ordinances including, but not limited to, unE~mployment 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 (~~ervices) 1. The services to be performed by CONTRACTOR: The contractor shall provide Vedic Math instruction to students enrolled in the Afterschool Enrichment Program. 2. The times and places CONTRACTOR will perform the services: Quinlan Communit Center Tuesda Vedic Math S~~cial Room 6:00 pm to 7:00 pm 4-8 3. The number and eligibility of persons to receive the service: Minimum: 6 Maximum: 20 4. Payment to CONTRACTORS for services: Payment made on 11/20/09, 12/18/09, and 2/12/10 CLASSES WILL NOT BE HELD ON THESE DATES: 11/24, 12/22 & 12/29 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 t_ISTED 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 PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVER UE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) '~77-3223 • FAX: (408) 777-3366 WEBSITE: www.cupE~rtino.org CUPERTINO October 9, 2009 Mahdu Marathe 20876 Beauchamps Lane Saratoga, CA 95070 To Whom It May Concern: A copy of the fully executed agreement with the City of Cupertino is enclosed. 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