08-001 Campus Pathway (2) CITY OF CUPERTINO PARKS AND RECREATION DEPARTMENT
10185 NORTH STILLING ROAD
CUPERTINO CA, 95014
CUPERTINO
ADDENDUM to contract #37297- Campus Pathway
To: Jeffery Morrison
From: Lauren Phillips, Cupertino Parks and Recre~ition Department
Date: April 24, 2009
Re: Addendum to existing contract
The following dates have been added to the contr~~ctual agreement for College Readiness
Classes through Cupertino Parks and Recreation Department:
# 37436 "f'uesday, April 14, 2009 6.:30 pm to 8:30 pm
#37437 Tuesday, May 5, 2009 6:3C) pm to 8:30 pm
#38549 Tuesday, June 23, 2009 6:~~0 pm to 8:30 pm
Note: The terms of this addendum supersedes the pre-existing terms. All other terms in the
existing contract #37297 remain intact.
Contract C---- City of C pe i ~ ~
By: BY~
Title: ~L ~ Title: Re eation Coordinator
r
Department Head:
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CP. 95014 0 ~ ~ 7
(408) 777-3200 NO.
FY 08-09
BY THIS AGREEMENT made and entered into on the 15~ day of January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY; and (1) Campus Pathway 19925 Stevens
Creek Blvd. Cupertino, CA 95014 (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
College preparation 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: $0
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 tYiis 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 servicE~s 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 exi:;ts 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.
r CONTRACT COORDINATOR and representative for CITY shall be: ENTERED
l
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 ~~bove.
CON C CITY OF C RTINO:-
By: By:
Ti Title: e e tion Coofr i for
S al Security
APPROVALS EXPENDITURE DISTRIBUTION
THE AD DATE A(:000NT NUMBER AMOUNT
DATE
EXHIBIIT 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 requirE~d 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. Nevertl~eless, City may, at any time,
observe the manner in which such sE~rvices are being performed by the
Contractor.
5. The Contractor shall comply with all ~~pplicable 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 (~>ervices)
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 perforim the services:
Getting into and Affording Tuesday 2/24 6:30pm - 7:30pm 15 years
the Best Colle es
Getting into and Affording Thursday 3/26 6:30pm - 7:30pm 15 years
the Best Colle es
3. The number and eligibility of persons to receive the service:
Minimum: 4
Maximum: 30
4. Payment to the City by Contractor for services: ~I/A
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL 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 SHOW 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.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
C O P E RT I N O TELEPHONE: (40E~) 777-3223 • FAX: (408) 777-3366
November 17, 2008
Campus Pathway
19925 Stevens Creek Blvd.
Cupertino, CA 95014
To Whom It May Concern:
Enclosed for your records is a fully executed ~~opy of the agreement with the City of Cupertino. If
you have any questions or need additional iciformation, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure