09-001 Campus PathwaysAGREEMENT
CITY OF CUPE:RTINO
10300 Torre P,venue
Cupertino, CA 95014
(408) 777-3200
032848
NO.
Y 09-
~-~"''
BY THIS AGREEMENT made and entered into on the 1S day of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Campus Pathway
(Hereinafter referred to as CONTRACTOR), in consideration 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
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
July 1, 2009 and shall be completed before December ~~1, 2009.
COMPENSATION: For the full performance of this P,greement, CITY shall pay CONTRACTOR: $0
GENERAL TERMS AND CONDITIONS:
Hold Harmless. CONTRACTOR agrees to save and bold 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 service: 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 tnis 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 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 with~~ut the written consent of the CITY.
CONTRACT COORDINATOR and representative for CI-~Y shall be:
NAME: Lauren Phillips DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its executi~~n by CITY. In witness thereof, the parties have
executed this Agreement the day and year first written at~ove.
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CITY OF GUPERTINO
Title;i Ra~creation C rdinator
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AP.PROVA4S
EXPENDITURE DISTRIBUTION
PA ME T EAD .1 DATE ACCOUNT NUMBER AMOUNT
>,~,_. ,~~„~ s• ' .~ f"' 581)-6349-7014 $0
L K DATE
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EXHIBI~r 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 ernployees 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, provicle 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 peri~ormed 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. Nevertrieless, 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.
EXHIBIT B (SE~rvices)
1. The services to be performed by CONTRACTOR:
The contractor shall provide Information about College Admission to students.
2. The times and places CONTRACTOR will perform the services:
Getting into and Affording Tuesday 6/23 6:30pm - 7:30pm 18 years
the Best Colle es
Getting into and Affording Tuesday 7/21 6:30pm - 7:30pm 18 years
the Best Colle es
Getting into and Affording Saturday 8/8 10:OOam -12:OOpm 18 years
the Best Colle es
3. The number and eligibility of persons to receive tl~e service:
Minimum: 4
Maximum: 30
4. Payment to the City by Contractor for services: N~'A
CLASSES WILL NOT BE HELD ON: NIA
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 OIV 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 PARENTIGUARDIAN HAS
ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVEI~UE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 •.FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
July 14, 2009
Campus Pathway
19925 Stevens Creek Blvd
Cupertino, CA 95014
To Whom It May Concern:
A copy of the fully executed agreement wits the City of Cupertino is enclosed. If you have
any questions or need additional informai:ion, please contact the Parks and Recreation
department at (408) 777-3110.
Sincerely,
CITY CLERK'S OFFICE
Enclosure