08-001 Academic Chess, Dlamont Robinson (2)OFFICE OF THE CI'~Y CLERK
CUPERTINO
October 1, 2008
Academic Chess
D' lamont Robinson
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
3739 Balboa Street, PmB #227
San Francisco, CA 94121
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
~,~~
AGREEMENT
CITY OF CUI~ERTINO
10300 Torre Avenue
Cupertino, C,A 95014
(408) 777-3200
NO. D~~.--~6
Fiscal Year
BY THIS AGREEMENT made and entered into on the 15th day of September, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Academic Chess (2) Dlamont Robinson
Address: 3739 Balboa Street. PMB #227 City; San Fran~~isco
(Hereinafter referred to as CONTRACTOR), in consideration of their mutual olvenants 1 the part ese.he e$o agree 1as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Chess 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 15. 2008 and shall
be completed before February 6. 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$ 80.00 per student per 10-week class. $ 96.00 per student per 12-week class.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harrnless the CITY, its officers, agents, and employees from
any and all damage and liability of every nature, including all co:;ts 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 insurabilit~r, 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 ~~uthorized 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 k~e: Env j ~jRED
NAME: Susan Lewis DEPARI~MENT: 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.
CONT TOR:
By
Title: ~ ~jU~l~c.1 ~~
Social Security #: ~~~~,~~~~
APPROVALS
DATE
CITY OF CUPERTINO:
G' ~
Title: Re~:reation Coordinator
EXPENDITURE DISTRIBUTION
580-6349-7014
25,000.00
,~/~~
EXHIBITA
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 rnanner 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, unei~nployment insurance benefits, F.I.C.A.
laws, and the City business license ordinance.
6. The Contractor shall not promote his/her bu:~iness to participants registered in the
City's programs.
EXHIBIT B (;services)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Chess classes to students enrolled in the Afterschool Enrichment
Program.
2. The times and
School
Garden Gate
West Valley
Stevens Creek
Stocklmeir
Lincoln
Regnart
Nimitz
Stocklmeir
Regnart
Eaton
CONTRACTOR will
Monda
Monda
Monda
Wedne
Wedne
Thursd
Thursd
Thursd
Friday
Fridav
rform the services:
Tirne
2:10 pm to 3:40 pm
2:10 pm to 3:40 pm
3:10 p m to 4:35 pm
2:15 p
3:45 p m to 3:45 pm
m to 4:45 pm
2:4.0 p m to 3:40 pm
2_4.0 p m to 3:40 pm
3:15 p m to 4:15 pm
3_10 p m to 4:10 pm
3:40 pm to 4:40 nm
Grades Room
1-5 Art
1-5 Music
1-5 Art
1-3 923 -Music
1-5 M/P
1-3 GLC
1-5 Room 16
4-5 923 -Music
4-5 GLC
1-5 M-P
3. The number and eligibility of persons to receivE~ the service:
Minimum: 12
Maximum: 50
Ratio: 1 teacher to 12 participants
4. Payment to CONTRACTORS for services:
Payment made on 11/7/08, 12/19/08, and 2/6/09
CLASSES WILL NOT BE HELD ON: 10/31, 11/10, 11/26, 11/27, 11/28, 12/22, 12/24, 12/25, 12/26,
12/29, 12/30, 12/31, 1/1/09, 1/2/09, & 1/19/09
THE CONTRACTOR SHALL FOLLOW ALL GUICiELINES 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 PART IN THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.