09-001 Institute of Reading Development AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA. 95014 ~ 3 ~ p ~ C
(408) 777-3200 NO. (7 J
FY 08-09
BY THIS AGREEMENT made and entered into on the 1't day of January, 2009 by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and (1) Institute of Reading Development
5 Commercial Blvd. Suite 200. Novato, CA. 94949-61'.39
(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 reading classes to be held at Monta Vista High School.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A
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, CONTRACTOR shall pay CITY:
7% of the gross tuition income will be paid to the ~:ity as well as an extra 20% fee split for each
non-resident.
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 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 Administrai:ive 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 financial interest under this Agreement is an officer or
employee of CITY.
Changes. This Agreement shall not be assigned or tr~~nsferred 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 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.
CONTRACTOR: CITY OF CU ERTINO:
By: By: ' L
Title: ~ Title: ration Co rdinator
s~ity,,#:
.7,~, ~ ~
APPROVALS EXPENDITURE DISTRIB ION
E HEAD DATE ACCOUNT NUMBER AMOUNT
- ~ 58.0-6349-7014 $0.00
ITY E DAT
' a ~,,o ..~q r ~ ~
EXHIBIT A
1. The City reserves the right to terminate this Agreement with 30 days
notice. The Contractor may termin~~te this Agreement with a 30-day
written notice.
2. In the event that the con#ractor has eimployees who will assist in the
perfiormance 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 prier 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. Nevertheless, 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, anti the City business license
ordinance.
6. The Contractor shall not promote hislher business to participants
registered in the City's programs.
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408; 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cul~ertino.org
CUPERTINO
February 25, 2009
Institute of Reading Development
5 Commercial Blvd, Suite 200
Novato, CA 94949-6139
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. 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