09-001 Dan Gertmenian (3).~ ~.
AGREE~JIENT
CITY OF CUPIERTINO
10300 Torre Avenue
/~~} Cupertino, CA 95014 ~~6'
LwT (408) 777-:3200 NO. ~~ ~
Fiscal Yea~~ ~_,a ~p
BY HIS AGREEMENT made and entered into on the 18th ~1ay of September, 2009 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: 5650) 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 part of this Agreement: Exhibit A and B
TERMS: The services and/or materials furnished under this Acreement shall commence on October 19. 2009 and shall
be completed before February 12. 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of final roster fees, minus a $ 10.00 administrative fee Frer participant ~,( r
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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 pertorming services described
herein.
Insurance. Should the CITY require evidence of insurabilil: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 c.'ontracts 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 DEPAF2TMENT:. Parks 8. 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.
CONTRA OR: CITY O`F CUPERTINO:
' ~c~~
By: By:
Title: Title: Fecreation Coordinator
#:
APPROVALS EXPENDITURE DISTRIBUTION
R NT HEAD DATE
D A A(:000NT NUMBER AMOUNT
_ 5;80-6349- $ 13,000.00
Y R /~ ~E _09 ~ _ /' v
~. 4
EXHIBIT A
1. The City reserves the right to terminate tl~is Agreement with 30 days notice. The
Contractor may terminate this Agreement ~nrith 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 Ciity 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 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 applic~ible 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 Problem Solving and Chess classes to students
enrolled in the Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
School Da Room Time Grades
Quinlan Communit Monda Social Room 4:00 m to 5:15 m 4-6
Quinlan Communit Monda Social Room 5:15 m to 6:30 m 4-6
Monta Vista Rec Center Tuesda Kitchen 4:00 m to 5:15 m 3
Monta Vista Rec Center Tuesda Kitchen 5:15 m to 6:30 m 4-6
Monta Vista Rec Center Tuesda Kitchen -Chess 6:30 m to 7:45 m 3-8
Quinlan Communit Thursda Social Room 4:00 m to 5:15 m 4-6
Quinlan Communit Thursda Social Room 5:15 m to 6:30 m 6-8
Creekside Park Frida Park Buildinc 4:00 m to 5:15 m 6-8
Creekside Park Frida Park Buildinc 5:30 m to 6:30 m 4-6
3. The number and eligibility of persons to receives the service:
Minimum: ,,~ ~i~~ /~ ~'
Maximum : 2 5 c,~a~~,,G~cv~L --.~~~~./v `~~~w(/ C (/~ -.~ :2~( ~~ /°l Y /'~ C~ ~~GC/j~ ~ ~/C' ~(~•
4. Pa ment to CONTRACTORS for services: /G~ -~.
y ai~~
Payment made on 11/20/09, 12/18/09, 2/12/10
CLASSES WILL NOT BE HELD ON: 11/11, 11/25, 11/26, 11/27, 12/21, 12/22, 12/23, 12/24, 12/25,
12/28, 12/29, 12/30, 12/31, 1 /1 /1 O, 1 /18/1 O
THE CONTRACTOR SHALL FOLLOW ALL GUIIDELINES 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 AND 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 CIT`f CLERK
CITY HALL
10300 TORRE AVENIJE CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
December 4, 2009
Dan Gertmenian
167 Alcanes Drive #15
Sunnyvale, CA 94086
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) 777-311 O.
Sincerely,
CITY CLERK'S OFFICE
Enclosure
cc: Parks & Recreation