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09-001 Natasha AustinC#TY QF AGREEMENT CITY OF CUPE:RTINO 10300 Torre Avenue t~~ Cupertino, CA 95014 ~~~~ C U P S RT I W O , l'"Y l (408) 777-3200 NO FY 69~F$ Y 9 ~~ E3Y THIS AGREEME made and entered into on the 12th day of December, 2008 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 Education classes EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A 8~ Exhibit B TERMS: The services and/or materials furnished under this P,greement shall commence on January 1, 2009 and shall be completed before June 30, 2009. 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 ~~osts of defending any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable far acts of CONTRACTOR in performing services described herein. Insurance. Should the CITY require evidence of insuraC~ility, 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 alt times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is n~~t 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: ~NTERED NAME: Rachelle Sander DEPARTMENT: Parks 8z 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. '~ Title: Social Security #: ~ y APPROVALS CITI~' CUPERTINO: E3y: Title? Re eation`Coordi tor- Rachelle Sander EXPENDITURE DISTRIBUTION RTMENT HEAD DATE ACCOUNT NUMBER AMOUNT 580-6349-7014 ~ $ 20,000.00 IT CLE r DATE EXHIE3IT 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 ~~greed upon time for the commencement of services to be pertormed by Contractor, City may cancel and withdraw from this Agreement. 4. City shall have no right of control as to th~~ manner Contractor performs the services to be pertormed. Nevertheless, City may, at any time, observe the manner in which such services are being pertormed by they 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 ordin~~nce. 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 pertonned 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 pertorm the services: WINTER Classes ESL Language Builder Tuesday 1/6-3/24 12:15pm-1`OOpm 3-6Y MVRC Room 4 Brain Builder Program L1 Monday 1/5-3/23 11:45am-12:30pm 3-4Y MVRC Room 4 Saturday 1/10- 3128 9:30am-10:15am L2 Monday 1/5-3/23 12:45pm-1:30pm 4-5Y L3 Monday 1/5-3/23 1:45pm-2:30pm 5-6Y L4 Monday 1/5-3/23 4:30pm-5:20pm 6.5-8Y Thursda 1/8-3/26 4:30 m-5:20 m Musical Math Program L1 Wednesday 1/7-3/25 12:45pm-1:30pm 4-5Y MVRC Room 4 L2 Wednesday 1/7-3/25 1:45pm-2:30pm 5-6Y L3 Tuesda 1/6-3/24 4:30 m-5:30 m 7-8Y Let's Read L1 Thursday 1/8-3/26 12:15pm-1:OOpm 3-4Y MVRC Room 4 L2 Tuesday 1/6-3/24 1:15pm-2:OOpm 4-5Y Thursday 1/8-3/26 1:15pm-2:OOpm L3 Saturday 1110-3/28 10:30am-11:15am 5-6Y L4 Thursda 1/8-3/26 4:30pm-5:30pm 7-8Y Brain Builder Science: How Saturday 1/10-3/14 11:30am-12:30pm 7-9Y MVRC Kitchen Machines Work Step-By-Step Essay Writing Wednesday 1/7-2/4 S:OOpm~:00pm 12-15Y MVRC Room 4 ESL Conversation Practice Tuesday 1/6-3124 11:OOam-12:OOpm 18Y+ MVRC Room 4 ESL Accent Improvement Wednesday 1/7-3/25 11:30am-12:30pm 18Y+ MVRC Room 4 ESL Grammar Thursday 1/8-3126 11:OOam-12:OOpm 18Y+ MVRC Room4 SPRING Classes Brain Builder Science: Energy Saturday 4/11-6/13 11:45am-12:45pm 7-9Y MVRC Kitchen Brain Builder Program L1 Tuesday 4/7-6l9 10:OOam-10:45am 3-4Y MVRC Room 4 Saturday 4/11-6/13 9:30am-10:15am L2 Monday 4/6/8 12:45pm-1:30pm 4-5Y L3 Monday 4/6/8 1:45pm-2:30pm 5-6Y L4Monda 4/6-6/8 4:30 m-5:20 m 6.5-8Y Musical Math L1 Wednesday 4/8-6/10 12:45pm- 1:30pm 4-5Y MVRC Room 4 L2 Wednesday 4/8-6/10 1:45pm-2:30pm 5-6Y L3 Tuesda 4R-6/9 4:30 m-5:30 m 7-8Y Let's Read L1 Thursday 4/9-6/11 12:15pm-1:OOpm 3-4Y MVRC Room 4 L2 Tuesday 4/7-6/9 1:15pm-2:OOpm 4-5Y Thursday 4/9-6/11 1:15pm-2:OOpm L3 Friday 4/10-6/12 4:30pm- 5:20pm 5-6Y Saturday 4/11-6/13 10:30am-11:15am L4 Thursda 4/9-6/11 4:30pm- 5:30 m 7-8Y Grammar Workshop Wednesday 4/8-5/27 5:OOpm- 6:30pm 12-15Y MVRC Room 4 ESL Conversation Practice Tuesday 4/7-6/9 11:OOam- 12:OOpm 18Y+ MVRC Room 4 ESL Grammar Thursday 4/9-6/11 11:OOam- 12:OOpm 18Y+ MVRC Room 4 ESL Accent Improvement Wednesday 4/8-6/10 11:30am- 12:30pm 18Y+ MVRC Room 4 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: Tuesday 4/13- 4/18 8~ 5./25. THE CONTRACTOR SHALL FOLLOW ALL GUIDELINE~~ 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 SHO11~~ PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMPLETE THE WAIVER OF LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE FOR SUPERVISING PARTICIPANTS AFTER CLASS UNTIL THEIR PARENT/GUARDIAN HAS ARRIVED.