11-001 Madhu MaratheAGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200 NO. t)zJtJ i:/ .:{ J J
FY ll-12
1JY TIIlS AGREEME made and entered into on the 1'1 day of July, 2011 by and between the
CITY OF CUP.ll!RTINO (Hereinafter referred to as CITY) and (1) MadbU Marathe
Here in after referred to as CONTRACTOR), in consideration of their mutual covenants, the
parties hereto agr~ as follows:
CONTRACTOR shall provide or :furnish the following specified services and/or materials: math classes.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A and B
TE~S: The services and/or materials furnished under this Agreement shall commence on
July 1, 2011 and shall be completed beforeJune 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shaU pay CONTRACTOR; $17 per
student per class based on final roster.·
GENERAL TERMS AND CONDITIONS:
I:lold 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 perfonnance of this Agreement. CITY shall not be Hable for acts of CONTRACTOR in
performing services described h(:l'ein.
Insnnmce. Should the CITY require evidence of insurabil:ity, 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 understoo4 and agreed that $is 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 irtterest1111der 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 shaJI be: JEJ ENTERED
NAME: Dave.Jahns DEPARTMENT: Parks & Recreation
This Agr-0ement shall become effective upon its execution by CITY. In witness thereof, the parties have executed
this Agreement the day and year fustwritten above.
CONTRACTOR:
By: M~~ MqrnM&1
Title: 12l2.: t:1A/6. Xnt biiCJ-o/rl
CITY OF CUPERTINO:
. By:~
Social Security #: __ _
APPROVALS '
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
DATE ACCOUNT NUWIER AMOUNT
580-6349-7014 $ 4,500.00
DATE
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 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 classes to students.
2. The times and places CONTRACTOR will perform the services:
Please refer to the City of Cupertino recreation brochure.
3. The number and eligibility of persons to receive the service:
Minimum: 5
Maximum: 15
4. Payment by the City to the Contractor for services: One week after the halfway point and and one week
following the conclusion of each session
CLASSES WILL NOT BE HELD ON: Observed City Holidays
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 AND VOLUNTEERS NEED TO COMPLETE THE W AIYER OF
LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE
FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS
ARRIVED.