09-001 Brian Crane, Intero Real EstateJUL-16-09 08:55 FROM-Intaro Real estate
AGI~EEPVIENT
CITY OF CU'PERTINO
10300 TorrE~ Avenue
Cupertino, CA 95014
(408) 777'-3200
T-338 P 001/004 F-200
NO.____~_~ Z 8 5 0
BY THIS AGRI=EMENT made and entered into on the 1''t day of July, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as C1Tti') and (1) Brian Crane and (2) Intero Real Estate
Services.
their mutual covenants, the parties hereto
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Instruction of real estat® 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.
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 alyd liability of F~very 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 Certifrcate shall be
subject to the approval of CITY'S Director of Adminlstr2tive 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 do 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 wit!~out the written consent of the CITY,
CONTRACT COORDINATOR and representative for CITY 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.
APRROVALS
EXPENDITURE DISTRIBUTION
~~A-~ -~ a~~~~
$0
JUL-16-09 08:55 FROM-Intero Realestata T-338 P.002/004 F-200
EXHIBiTA
1. The City reserves the right to terr~~inate 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 requir{~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 ~~o the manner Contractor performs
the services to be performed. Nevertheless, City may, at any time,
observe fihe manner in which such services are being performed by the
Contractor.
5. The Contractor shall comply with all ~~pplicable Federal, State, and local
laws and ordinances including, but n+~t limited to, unemployment
insurance benefits, F.I.C.A. laws, anti the City business license
ordinance.
6. The Contractor shall not promote hisi her business to participants
registered in the City's programs.
JUL-16-09 08.55 FROM-Intern Realestate
EXHIBIT B (:3ervices)
1. The services to be performed by CON7RACTOR~
The contractor shall provide real estate classes to students.
2. The times and places CONTRACTOR will perform the services:
T-338 P 003/004 F-200
i3u in Bank Owned Pro ert Thursda 7/23 6:30 m to $'30 m ~ 18k ears
Exit Strate ies Thursday 8/6 T 6:30 pm to 8:30 pm i 18+ years
3. The number and eligibility of persons to receive the service:
Minimum: 3
nnaximum: 20
4. Payment to CONTRACTORS for services: NIA
CLASSES WILL NOT BE HELD ON: NIA
THE CONTRACTOR SHALL FOLLOW ALL GUIDELINES P1=RTAINING TO REGISTRATION
PROGEDURI=S AS LtST1=D IN THE RECREATION SC:f1EDULE. PARTICIPANTS SHOULD NOT TAKE
PART IN THE CLASS UNLESS TREY ARE LISTED CAN THE CLASS ROSTER OR SWOW PROOF OF
ENROLLMENT. ALL PARTICIPANTS ANp VOLUNTEERS NEED TO COMPLETE THE WAIVER OF
LIABILITY FORM BEFORE TAKING PART IN THE PROGRAM. CONTRACTORS ARE RESPONSIBLE
FOR SUPERVISING PARTICIPANTS AFTER CLF,SS UNTIL THEIR PARENT/GUARDIAN HAS
ARRIVED.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cu~ertino.org
CUPERTINO
July 21, 2009
Brian Crane
Intero Real Estate Services
518 N. Santa Cruz Avenue
Los Gatos, CA 95030
To Whom It May Concern:
A copy of the fully executed agreement wish 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