12-104 Cupertino Union School District (CUSD) for Afterschool Enrichment Program AGREEMENT BETWEEN CITY OF CUPERTINO
AND
CUPERTINO UNION SCHOOL DISTRICT
This AGREEMENT is made and entered into on September 25, 1997(EXECUTION
DATE),by the CITY OF CUPERTINO a municipal corporation of the State of California,
hereinafter designated as CITY, and the CUPERTINO UNION SCHOOL DISTRICT,
hereinafter designated as DISTRICT.
RECITALS
WHEREAS,the City of Cupertino and the Cupertino Union School District agree their
level of service will be enhanced with the offering of an Afterschool Enrichment Program to
students in the Cupertino Union School District; and
WHEREAS,the City of Cupertino Parks and Recreation Department has agreed to
provide the program of educational,creative, and innovative afterschool activities for elementary
school-age children; and
WHEREAS,the Cupertino Union School District desires to offer the program at the
District's school sites;
NOW, THEREFORE, in consideration of their mutual covenants,the parties hereto
agree as follows:
SECTION I
TERM OF AGREEMENT
The term of this AGREEMENT shall commence on September 25, 1997, and end on or
before June 12, 19Se. This AGREEMENT shall be automatically renewable on a year to year
basis until either party provides written notice of non-renewal to the other party thirty(30)days
prior to expiration.
SECTION II
DESCRIPTION OF PROJECT
The CITY shall provide an Afterschool Enrichment Program("PROGRAM")from
September 1997 to June 1998 for the eighteen(18)elementary schools in the Cupertino Union
School District. The PROGRAM will consist of two sessions: Session I from October to
February; Session II from February to June. The CITY will be responsible for the coordination
and scheduling of the classes at the individual school sites. The CITY reserves the right to
determine the number of class offerings at each site subject to the DISTRICT's determination of
available space.
The CITY and the DISTRICT equally retain the right to review class offerings for age
appropriateness and content.
SECTION III
FACILITIES AND STAFF
The DISTRICT shall provide facilities at the elementary school sites. All room rental
costs and application fees will be waived. CITY will pay utility fees for any room usage at a rate
specified by the DISTRICT's schedule of fees adopted by the Board of Education.
For scheduling and site coordination,the DISTRICT will appoint a DISTRICT employee
who will be available during afterschool hours to act as a liaison between the CITY and the
individual school principals.
The CITY shall assign a Coordinator for the PROGRAM who will act as CITY's
representative and liaison to the DISTRICT on matters regarding the PROGRAM.
The CITY shall be solely responsible for the hiring,coordination, and payment of
instructors for the PROGRAM.
SECTION IV
REGISTRATION
Registration policies for the PROGRAM shall be set forth by the CITY Recreation
Department. The CITY will process the individual registration forms and collect all fees.
The DISTRICT will provide clerical support,the hours and duration of which will be mutually
agreed between the parties.
SECTION V
PUBLICITY
The CITY will provide a brochure containing Enrichment Program course offerings and
publicity. The CITY will incur the costs of the printing and delivery of the brochure to the
District Office.
The DISTRICT will distribute the brochure to DISTRICT students at no cost to the
CITY.
SECTION VI
FEES,COSTS AND ACCOUNTING
The CITY shall collect and retain all user fees for the PROGRAM. The CITY reserves
the right to set the amount of user fees and to adjust the fees from time to time to meet the costs
of the PROGRAM.All costs of the PROGRAM shall be paid by CITY from the retained fees.
Upon request an accounting of all income and exfenditures for the PROGRAM shall be provided
to DISTRICT within thirty(30)of the conclusion of each session.
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SECTION VII
GENERAL TERMS AND CONDITIONS
INDEMNIFICATION Each party agrees to hold the other harmless from any claims for damage
unless such damage is the result of the sole negligence or unlawful conduct of one party, its
agents or employees.
INSURANCE Should the CITY require evidence of insurability,the DISTRICT shall file with
the CITY a Certificate of Insurance before commencing any services under this agreement. Said
Certificate shall be subject to the approval of the City's Director of Administrative Services.
The CITY shall provide DISTRICT with a certificate of insurance in compliance with
DISTRICT's Civic Center Policies and the Use Permit Application Form.
MODIFICATIONS AND ASSIGNMENTS This AGREEMENT shall not be assigned,
transferred or modified unless by written amendment duly executed by the parties to this
AGREEMENT.
NON-DISCRIMINATION No discrimination shall be made in the employment of persons under
this agreement because of race, color,national origin, ancestry,religion,of sex of such person.
This AGREEMENT shall become effective upon its execution by the CITY and the
DISTRICT. In witness thereof,the parties have executed this AGREEMENT on the day and
year first written - .. '-
DISTRI• CITY:
By _411 �� By
Title -- Jr' get S, jC c. ,5l e< Title 0 okee' -s/
•
Date / J`1 ✓J 2 Date /0/24/9',
APPROVED AS�T/O FORM:
DEPUTY CITY ATTORNEY �—
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