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09-001 Natasha Austin (3)CfTY OF AGREEMENT / CITY OF CUPI-RTINO GAt"~J 10300 Torre Avenue '~ / Cupertino, CEO 95014 C U P E RT I P7 Q (408) 777-3200 NO~~~~ ~'~- FY 09-1 O BY THIS AGREEMENT made and entered into on the 12th dray of June, 2009 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 specifier 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 !>greement shall commence on January 4, 2010 and shall be completed before June 30, 2010. COMPENSATION: For the full pertormance of this Agreemennt, CITY shall pay CONTRACTOR: 75% of the resident fee, minus a $10.00 administrative feEe per participant- GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold I~armless 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 /\greement 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. 9~ CONTRACT COORDINATOR and representative for CITY sf~all be: ~1Y~~~~jD NAME: Rachelle Sander DEPARTMENT: Parks ~ Recreation This Agreement shall become effective upon its execution try CITY. In witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: Title: !/1Sf+'G/C~Z'~ Social Security #: G_-=/1~Z - 4~~~3~ APPROVALS ~ , C CIT`( UP RTI By: _ Title:Recreation Coordinator- achelle San er 1_XPENDITURE DISTRIBUTION EP MENT HEAD ~,..-~" -. DATE. ACCOUNT NUMBER AMOUNT ` ~ ~ ' 580-6349-7014 $ 20,000.00 _..__._ ._ v , ~ CI LERK DATE -~ 1 a~ ~o ~._~1~1_~~- -- ~" `_" ~ EXHIIBIT A 1. The City reserves the right to terminates 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 empl~~yees who will assist in the pertormance 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 miinimum 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 the 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 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 cla~;ses to students enrolled in the Cupertino Parks and Recreation Department Program. 2. The times and places CONTRACTOR will perfornn the services: WINTER Classes Brain Builder Program L1 Monday 1/4-3/22 12:15pm-1:OOpm 3- 4Y MVRC Room 4 Saturdayl/9-3/27 9:30am-10: 15am L2 Wednesday 1/6-3/24 12:15pm-1:OOpm 4-SY L3 Monda 1/4-3/22 4:30 m-5:20 m 5-6Y Let's Read L1 Tuesday 1/5-3/23 12:15pm-1:OOpm 3-4Y MVRC Room 4 L2 Tuesday 1/5-3/23 1:15pm-2:OOpm 4-SY Thursday 1/7-3/25 1:15pm-2:OOpm L3 Friday 1/8-3/26 4:30pm-5:20pm 5-6Y Saturday 1/9-3/27 10:30am-11:20am L4 Saturda 1/9-3/20 11:40am-12:40 m 7-8Y ESL Language Builder Monday 1/4-3/22 1:15pm-2:OOpm 4-6Y MVRC Room 4 Musical Math Program Wednesday 1/6-3/24 1:15pm-2:OOpm 4-SY MVRC Room 4 Tuesday 1/5-3/23 4:30pm-5:20pm 5-6Y Wednesda 1/6-3/24 4:30 m-5:20 m 6-7Y Math Games Thursday 1/7-3/25 4:30pm-5:30pm 7-gY MVRC Room 4 SPRING Classes Brain Builder Program L1 Saturday 4/1 O-6/12 9:30am-10:15am 3-4Y MVRC Room 4 L2 Tuesday 4/6-6/8 1:OOpm-1 :45pm 4-SY L3 Monda 4/5/7 4:30 m-5:20 m 5-6Y Let's Read L1 Thursday 4/8-6/10 12:15pm-1:OOpm 3-4Y MVRC Room 4 L2 Thursday 4/8-6/10 1:15pm-1:45pm 4-5Y L3 Friday 4/9-6/11 4:30pm-5:20pm 5-6Y Saturday 4/1 O-6/12 10:30am-11 :20am L4 Saturda 4/10-6/12 11:40am-12:40 m 7-SY Brain Builder Art Thursday 4/8-6/1 O 4:30pm-5:30pm 7-9Y MVRC Kitchen Musical Math L1 Tuesday 4/6-6/8 12:OOpm-12:45pm 4-5Y MVRC Room 4 L2 Tuesday 4/6-6/8 4:30pm-5:20pm 5-6Y L3 Wednesda 4/7-6/9 4:30 m-5:20 m 6-7Y 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. P~4RTICIPANTS SHOULD NOT TAKE PART IN THE CLASS UNLESS THEY ARE LISTED ON THE CLASS F20STER OR SHOW PROOF OF ENROLLMENT. ALL PARTICIPANTS AND VOLUNTEERS NEED TO COMI~LETE 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.