08-001 Economic Driving School (2)AGREEMIENT
CITY OF CUPE=RTINO
10300 Torre Pwenue
upertino, CA 95014
(408) 777-~t200 NO. ~y S ~ ~
/~~~ FY 08-09
BY THIS AGREEMENT made and entered into on the ]~` day of January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Economic Driving School
(2) Don Meyer 77'1 Sunset Glen Dr. San Jose, CA. 95'123.
(Hereinafter referred to as CONTRACTOR), in considers~tion of their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following sF~ecified services and/or materials: Instruction of
driver's education classes.
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
January 1, 2009 and shall be completed before June 30', 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$70 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 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 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 financi~~l 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 with~~ut the written consent of the CIT~
CONTRACT COORDINATOR and representative for CIS-Y shall be: ENTERED
NAME: Lauren Phillips
DEPARTMENT: 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 at~ove.
CONTRACTOR:
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IM~ Y~
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Title: - c..«:~~ ~.-.~ _ ne_ _ ~_
Social Security #: 2 S (o Z -
CITY OF E<R N0=
Title: creation Co dinator
APPROVALS
EXPENDITURE DISTRIBUTION
T AD DATE AC GDU NT NUMBER AMOUNT
_~ 580-6349-7014 $10,000.00
E DAQTE
EXHIBIT 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 agreed upon time for the
commencement of services to be performed by Contractor, City may
cancel and withdraw form this Agreerent.
4. City shall have no right of control as t~~ the manner Contractor performs
the services to be performed. Neverthreless, 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 nat limited to, unemployment
insurance benefits, F.I.C.A. laws, and the City business license
ordinance.
6. The Contractor shall not promote his/Iher business to participants
registered in the City's programs.
EXHIBIT B (Sfsrvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide driver's education classes to students.
2. The times and places CONTRACTOR will perform the services:
Driver's Education Sa-Su 2/14-2/22 8:30am to 4:00 pm 15 years
3. The number and eligibility of persons to receive the service:
Minimum: 11
Maximum: 45
4. Payment to the City by Contractor for services:
Payments will be made on 2/27
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCf~EDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS THEY ARE LISTED OIL 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 PRC)GRAM. CONTRACTORS ARE RESPONSIBLE
FOR SUPERVISING PARTICIPANTS AFTER CLA:iS UNTIL THEIR PARENT/GUARDIAN HAS
ARRIVED.
OFFICE OF THE CIITY CLERK
CITY HALL
~ ~ 70300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C O P E RT I N O TELEPHONE: (408;1 777-3223 • FAX: (408) 777-3366
November 17, 2008
Economic Driving School
Don Meyer
771 Sunset Glen Drive
San Jose, CA 95123
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