07-001, Natasha Austin (2)
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
NO. tllJD,;-S-7 jtJ
FY 07-08
BY THIS AGREEMENT made and entered into on the 19th day of November, 2007 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Natasha Austin
10076 Imperial Ave, Cupertino, CA 95014. (408) 446 - 0506
(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: Instruction of language
classes
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A & Exhibit B
TERMS: The services and/or materials furnished under this Agreement shall commence on
January 1, 2008 and shall be completed before June 30, 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
75% of the resident fee, 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 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 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 of the CITY.
CONTRACT COORDINATOR and representative for CITY shall be:
'1J ENTERED
NAME: Rachelle Sander
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: n. ~t.
Title: $
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'''Y
DATE
'\ Z - 5 - o'
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-6349-7014
AMOUNT
$ 20,000.00
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 from 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 instruction of language classes to students enrolled in the Cupertino Parks and
Recreation Department Program.
2. The times and places CONTRACTOR will perform the services:
Winter Classes
ESL Language Builder Wednesday 1/9 to 3/26 1:30pm- 2:15pm 3Y-5Y MVRC Room 4
Musical Math Program L 1 Thursday 1/10 to 3/27 11 :00am-11 :45am 3Y-4Y MVRC Room 4
L2 Wednesday 1/9 to 3/26 12:30pm-1:15pm 4Y-5Y
L3 Mondav 1/7 to 3/24 4:30pm- 5:20om 5Y -6Y
Let's Read L 1 Thursday 1/10 to 3/27 10:00am-10:45am 3Y-4Y MVRC Room 4
L2 Monday 1/7 to 3/24 12:30pm-1 :15pm 4Y-5Y
L3 Saturday 1/12 to 3/29 10:30am-11 :15am 5Y-6Y
Brain Builder Program L 1 Tuesday 1/8 to 3/25 10:00am-10:45am 3Y-4Y MVRC Room 4
Saturday 1/12 to 3/29 9:30am-10:15am
L2 Monday 1/7 to 3/24 1 :30pm-2:15pm 4Y-5Y
L3 Tuesday 1/8 to 3/25 4:30pm-5:20pm 5Y -6Y
L4 Thursdav 1/10 to 3/27 4:30pm-5:20om 6Y-7Y
ESL Accent Improvement L 1 Monday 1/7 to 3/24 11 :15am-12:15pm 18Y+ MVRC Room 4
L2 Thursdav 1/10 to 3/27 12:00pm-1:00pm
ESL Conversation Practice Beg/lnt Tuesday 1/8 to 3/25 11 :OOam- 12:00pm 18Y+ MVRC Room 4
IntlAdv Wednesday 1/9 to 3/26 11 :15am-12:15pm
S . CI
sPring asses
ESL Language Builder Wednesday 4/9 to 6/11 1:30pm- 2:15pm 3Y-5Y MVRC Room 4
Musical Math Program L 1 Thursday 4/10 to 6/12 11 :30am-12:15am 3Y-4Y MVRC Room 4
L2 Wednesday 4/9 to 6/11 12:30pm-1:15pm 4Y-5Y
L3 Tuesday 4/8 to 6/10 12:45pm- 1 :30pm 5Y-6Y
L4 Monday 4/7 to 6/9 4:30om-5:20pm 6Y-7Y
Let's Read L 1 Thursday 4/10 to 6/12 1 0:30am-11 : 15am 3Y-4Y MVRC Room 4
L2 Monday 4/7 to 6/9 12:30pm-1 :15pm 4Y-5Y
L3 Saturday 4/12 to 6/14 10:30am-11 :15am 5Y -6Y
Brain Builder Program L 1 Tuesday 4/8 to 6/10 10:30am-11 :15am 3Y-4Y MVRC Room 4
Saturday 4/12 to 6/14 9:30am-10:15am
L2 Monday 4/7 to 6/9 1 :30pm-2:15pm 4Y-5Y
L3 Tuesday 4/8 to 6/10 4:30pm-5:20pm 5Y -6Y
L4 Thursday 4/10 to 6/12 4:30om-5:20pm 6Y-7Y
ESL Accent Improvement L 1 Monday 4/7 to 6/9 11 :15am-12:15pm 18Y+ MVRC Room 4
L2 Thursdav 4/9 to 6/12 12:30pm-1 :30om
ESL Conversation Practice Beg/lnt Tuesday 4/8 to 6/10 11 :30am- 12:30pm 18Y+ MVRC Room 4
IntlAdv Wednesday 4/9 to 6/11 11 :15am-12:15om
Brain Builder Science Saturday 4/12 to 6/14 11 :45am-12:45pm 6Y-7Y MVRC Kitchen
3. The number and eligibility of persons to receive the service:
Minimum: 4
Maximum: 12
4. Payment to CONTRACTORS for services:
Payments will be made one week after the end of services.
CLASSES WILL NOT BE HELD ON:
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 WAIVER OF LIABILITY FORM BEFORE