|
INSURANCE ON FILE
<br /> WORK MAY PROCEED
<br /> UNTk INSURANA EXI'JK'3 N-2025-220
<br /> CITY CLEk,
<br /> °ATE. AUG 2 8 20
<br /> 0' ��brAry Scrv;cQg(ta) AGREEMENT BETWEEN CITY OF SANTA ANA AND BRAINFUSE LLC FOR ONLINE
<br /> DyIQK k3ar1'o CDz) TUTORING SERVICES PROGRAM
<br /> THIS AGREEMENT is made and entered into this 26' day of August, 2025 by and
<br /> between Brainfuse, LLC, a limited liability company organized and existing under the laws of the State
<br /> of Delaware (hereinafter, "Brainfuse"), and and the City of Santa Ana, a charter city and municipal
<br /> corporation organized and existing under the Constitution and laws of the State of California on behalf of
<br /> the Santa Ana Public Library("City"or"Library")
<br /> WITNESSETH:
<br /> WHEREAS, Brainfuse is engaged in the development and provision of educational services and
<br /> content; and
<br /> WHEREAS, the parties desire to supply Library students with an online tutoring services program
<br /> pursuant to the teens set forth herein.
<br /> NOW,THEREFORE, in consideration of the mutual promises of each party to the other contained herein,
<br /> it hereby is mutually agreed as follows:
<br /> ARTICLE I- PURPOSE
<br /> Brainfuse shall provide online tutoring to Library students pursuant to the terms set forth herein.
<br /> ARTICLE H - RESPONSIBILITIES OF THE PARTIES
<br /> Section 2.1 Responsibilities of Brainfuse
<br /> a. Brainfuse shall prepare and provide instant access homework help for Library students in
<br /> mathematics, English, social studies, and science to the Library (hereinafter, the "Brainfuse
<br /> Program"). A copy of the Brainfuse Program renewal quote, listing services included, is attached
<br /> hereto as Exhibit"A"and incorporated by reference.
<br /> b. The Brainfuse Program shall serve all eligible students Monday through Sunday for nine hours per
<br /> day from 1 PM PT to 10 PM PT.
<br /> c. Brainfuse shall make its online tutors available through any compatible computer to participating
<br /> students,both within and without the Library facility.
<br /> d. Brainfuse shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and
<br /> background checked prior to conducting any work pursuant to this Agreement. Provider shall not
<br /> assign any employee,agent,subcontractor,volunteer or the Provider personally to provide services
<br /> pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the Provider
<br /> personally are required to register as a sex offender under California Penal Code Section 290 et
<br /> seq,have a conviction for any crime of moral turpitude,have a conviction for a sexual based crime,
<br /> have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has
<br /> a conviction for a serious felony as defined in California Penal Code Section 1192.7(c).
<br /> Disqualifying convictions include but are not limited to, violations of California Penal Code
<br /> Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a),205,206,207-209.5,211,
<br /> 212,212.5,213,214,215,218-219,220,236,1(b)or 236.1(c),243.4,261,261.5,273.5,262,264.1,
<br /> 266,266c, 266h,266i,266j, 267,269,272,273a,273ab, 273d,285,286,288, 288a, 288.2,288.3,
<br /> 1
<br />
|