09-001 Economic Driving SchoolAGREENIENT
CITY OF CUPS=RTINO
10300 Torre Ewenue
Cupertino, CA 95014
(408) 777-:3200 NO. /~~-~~ ~~
,/ Z ~ ~ FY 09-10
BY THIS A EEMENT made and entered into on the 1`t day of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Economic Driving School
(2) Don Meyer 771 Sunset Glen Dr. San Jose, CA. 95123.
(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
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
July 1, 2009 and shall be completed before December 31, 2009.
COM~'NSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$7C ~nant.
GENERAL 1 ~, ND CONDITIONS: ~~~
Hold Harmless. CVO FACTOR agrees to save and Fold 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 in~;urability, 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~31 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 CI~fY shall be:
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 above.
CONTRACTOR:
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By: s^~'
Title: ~ s N e r ~t ~= w r y ~ ~`
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APPROVALS
CITY OF CI~R RTINO:
gy. b~ ~ -,
Title: reation Coordi ator
_. ,
EXPENDITURE DISTRIBUTION
D TM H D DATE ACCOUNT NUMBER AMOUNT
- ~- v9 58(I-6349-7014 $10,000.00
R ` DATE
:~~ ~ ay
•1
EXHIBIT B (SE:rvices)
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 M-Th 6/15-6/18 8:30am to 4:00 m 15 ears
Driver's Education M-Th 7/6-7/9 8:30am to 4:00 m 15 ears
Driver's Education M-Th 8/3-8/6 8:30am to 4:00 m 15 ears
Driver's Education Sa-Sun 10/10-10/18 8:30am to 4:00 pm 15 years
Driver's Education Sa-Sun 12/12-12/20 8:30am to 4:00 pm 15 years
3. The number and eligibility of persons to receive tl~e service:
Minimum: 11
Maximum: 45
4. Payment to the City by Contractor for services:
Payments will be made on: 6/19, 7/10, 8/7, 10/20, 12/22
CLASSES WILL NOT BE HELD ON: N/A
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES PERTAINING TO REGISTRATION
PROCEDURES AS LISTED IN THE RECREATION SCI~EDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS THEY ARE LISTED OPJ 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.
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days
notice. The Contractor may terminirte 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 penFormed by Contractor, City may
cancel and withdraw form this Agreement.
4. City shall have no right of control as t~~ the manner Contractor performs
the services to be performed. Nevertl•~eless, 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 nc>t 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.
Mollv James
From: Donald Meyer [dukedm@earthlink.nE:t]
Sent: Thursday, August 14, 2008 4:59 PM
To: Molly James
Subject: Fwd: DRIVER EDUCATION FUTURE DATES
Hi Molly,
I received the email today about WINTER 2009 class date:;. Below are dates I sent you May 5, 2008
for 2009 Winter, Summer, and Fall classes.
Please let me know if these are okay.
Don Meyer
Economic Driving
School
Begin forwarded message:
From: Donald Meyer <dukedm@,earthlink.net>
Date: May 5, 2008 3:11:06 PM PDT
To: Molly James <mollyj@_cupertino.org>
Subject: DRIVER EDUCATION FUTURE DATES
Hi Molly,
Here are future dates you requested I would like you to reserve. I checked the Fremont Union High School
calendar and they reflect the vacation breaks.
2009
February 14, 15, 21, 22
April 11, 12, 18, 19
June 15 - 18
July 6 - 9
Aug. 3 - 6
Oct. 10, 11, 17, 18
Dec. 28 - 31
Please confirm you received this email.
i
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
July 6, 2009
Economic Driving School
Don Meyer
771 Sunset Glen Drive
San Jose, CA 95123
To Whom It May Concern:
A copy of the fully executed agreement with the City of Cupertino is enclosed. 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