08-001 Math Edge, Ewa Garg (2)AGREEMI.NT
CITY OF CUPERTINO
10300 Torre AvE:nue
Cupertino, CA 9:5014 g
~ji o (408) 777-32C-0 NO.~~~/a~
~~ Fiscal Year
BY THIS AGREEMENT made and entered into on the 12th day of September, 2008 by and between the CITY OF
CUPERTINO, CA (Hereinafter referred to as CITY) and (1) Math Edge (2) Ewa Garg
Address: 14943 Granite Court City: Saratoga Zip: 95070 Phone: (408) 725-2680
(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:
Children's Yoga 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, CI-fY shall pay CONTRACTOR:
Verbal Math Math Tesi. Pre
$200.00 per student per Level 1 class. $200.00 pier student per K-2 class.
$220.00 per student per Level 2 class. $220.00 pier student per 3-5 class.
$240.00 per student per Level 3 class. $240.00 pier student per 6-8 class.
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and hold harml~:ss 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 shalt 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 N~ithout 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
DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CI"fY. In witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
By: ~wa..... ~ - •~
Title
Title: Re~:reation Coordinator
Social Security #: .
APPRnV~I S
EXPENDITURE DISTRIBUTION
EP TMENT HEA DATE ACCOUNT NUMBER AMOUNT
580••6349-7014 $ 10,000.00
E ~ AT
L~.
EXHIBIT A
1. The City reserves the right to terminate this AgrE~ement 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 wr~o 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 ye;~rs 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 I' ederal, 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.
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 Edge and Mental Math classes to students enrolled in the
Afterschool Enrichment Program.
2. The times and places CONTRACTOR will perform the services:
Math Test Preo
Quinlan K-2 Tuesda 3:30 m to 4:30 m Conference Room
Quinlan 3-5 Tuesda 4:35 m to 5:.35 m Conference Room
Quinlan 6-8 Tuesday 5:40 m to 6:40 pm Conference Room
Lincoln 3-5 Wednesda 3:45 m to 4:45 m Science Lab
Lincoln K-2 Wednesda 4:50 m to S:SU m Science Lab
Lincoln 6-8 Wednesday 5:55 m to 6:55 pm Science Lab
VPrhal Math
Quinlan K-1 Wednesda 3:30 m to 4:30 m Conference Room
Quinlan 2-3 Wednesday 4:35 pm to 5:35 m Conference Room
Quinlan 4-6 Wednesda 5:40 m to 6:40 m Conference Room
Eaton 2-3 Thursda 3:45 m to 4:45 m M/P
Eaton K-1 Thursday 4:50 pm to 5:50 pm M/P
Eaton 4-6 Thursda 5:55 m to 6:55 m M/P
3.The number and eligibility of persons to receive the service:
Minimum = 8
Maximum = 25
4. Payment to CONTRACTORS for services:
Payment made on 11 /6/08, 12/19/08 and 2/6/0!x.
CLASSES WILL NOT BE HELD ON: 11 /11, 11 /26, 11 /27, 12/23, 12/24, 12/25, 12/30
12/31, & 1 /1 /09
THE CONTRACTOR SHALL FOLLOW A.LL 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 SHC-W PROOF OF ENROLLMENT. ALL
PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKING PART ITJ THE PROGRAM. CONTRACTOR IS
RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR
PARENT/GUARDIAN HAS ARRIVED.