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09-041 FUHSD Summer Enrichment Program AGREEMENT BETWEEI\[ CITY OF CUPERTINO AND FREMONT UNION HIGH SCHOOL DISTRICT FOR SUMMER ENRICHMENT PROGRAM This AGREEMENT is made and entered into on Apri121, 2009 (EXECUTION DATE), by the CITY OF CUPERTINO a municipal corporation of the State of California, hereinafter designated as CITY, and the FREr?IONT UNION HIGH SCHOOL DISTRICT, 589 W. Fremont Avenue, Sunnyvale, CA, 94087, hereinafter designated as DISTRICT. RECTI'ALS WHEREAS, the City of Cupertino and the Fr~:mont Union High School District agree their level of service will be enhanced with the offering of a joint Summer Enrichment Program to students in the Fremont Union Hi;;h School District and the residents of the City of Cupertino; WHEREAS, the purpose of this joint Enrichment Program is to provide: a) DISTRICT students with an opportunity for an enriched learning experience during the summer months; and b) CITY residents with an opportunity to participate in enhanced recreational and learning activities; and WHEREAS, the Fremont Union High 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: SECT:[ON I The above recitals are true and correct. TERM OF AGREEMENT The term of this AGREEMENT shall commence on Apri121, 2009 (COMMENCEMENT DATE), and end on ~~r before Apri120, 2010. 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. l SECTION II DESCRIPTION OF PROJECT The DISTRICT and CITY shall jointly provide a Summer Enrichment Program ("PROGRAM") from June 15, 2009 through July 31, 2009 for the five (5) high schools in the Fremont Union High School DISTRICT. The PROGRAM will consist of one six- week session. The DISTRICT shall propose course offerings for the Summer Enrichment Program and the proposed dates for the courses to the CITY by January 15 of each school year. The CITY may provide input to the DISTRICT by February 1 of each school year, on the proposed course offerings, including age appropriateness, content, and the number of course offerings at each site. The number of course offerings may be limited by the space available at DISTRICT facilities. The DISTRICT shall provide summer enrichment classes in accordance with, and subject to all applicable standards and obligations required of a public school district. SECTION III FACILITIES AND STAFF The DISTRICT shall provide facilities for the programs at the high school sites, subject to available space. All room rental costs and application fees will be waived. The DISTRICT will maintain janitorial services acid maintenance for all facilities in use with this PROGRAM. The use of DISTRICT facilities for the Summer Enrichment Program shall be in accordance with the California Civic Center Act (Education Code section 38131) and Board Policy 1330, Use of District Facilities. The DISTRICT shall be solely responsible fo:r the hiring, coordination, and payment of instructors for the PROGRAM and will provi~3e administrative staff at each school site. For scheduling and site coordination, the DISTRICT will appoint a DISTRICT employee who will serve as the liaison to the CITY and will coordinate the program content and schedule of classes. The CITY shall assign a Coordinator for the PROGRAM who will act as CTTY's representative and liaison to the DISTRICT on matters regarding the PROGRAM. 2 SECTIC)~N 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. SECTION V PUBLICITY The CITY will provide a brochure containing .Enrichment Program course offerings and publicity. The CITY will incur the costs of thy: printing and delivery of the brochure to the DISTRICT Office. The DISTRICT will d:.stribute the brochure to DISTRICT students at no cost to the CITY. The DISTRICT will provide the content for the class information to be included in the brochure by January 15 of each school year. CITY and DISTRICT agree to use their best efforts to publicize and otherwise promote each Summer Enrichment Program. SECTION VI FEES, COSTS AND ACCOUNTING All fees collected by the CITY shall be deposited into the CTTY's General Fund. At the end of each Summer Enrichment Program, they CITY will prepare and provide to DISTRICT a written accounting of all deposits and shall, after deducting the printing costs for brochures, remit 90% of the total of :;aid deposits to DISTRICT, and shall retain the balance of the net deposits. If the fees collected by the DISTRICT from the CITY do not cover DISTRICT expenses for the Summer Enrichment Program, the DISTRICT and CITY may agree to increase fees for the following year to recover such expenses, terminate the agreement, or otherwise amend the agreement to allow the DISTRICT to recover costs for the Summer Enrichment Program. SECTION VII GENERAL TERMS AND CONDITIONS DISTRICT agrees to indemnify, defend and hold harmless CITY and its council members, employees, and board and commission members from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys' fees) 3 arising or alleged to arise out of DISTRICT'S negligent acts, errors or omissions under this Agreement. DISTRICT will obtain and rriaintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "A", insuring not only DISTRICT and its contractors, if any, buc also with the exception of workers' compensation and employer's liability, namin ~ CITY as an additional insured concerning DISTRICT's obligations under this Agreement. CITY agrees to indemnify, defend and hold h~~rmless DISTRICT and its officers, employees, and board and commission membf;rs from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys' fees) arising or alleged to arise out of CTTY's negligent acts, errors or omissions under this Agreement. CITY will obtain and maintain, iii full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "B", with the exception of workers' compensation and employer's liability, naming DISTRICT as an additional insured concerning CTTY's obligations under this Agreement. Evidence of adequate self- insurance shall be acceptable compliance with this requirement. All notices shall be submitted, in writing, and sent by the U.S. mail, certified and postage prepaid, by private express delivery service, b:y facsimile transmission followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing. To CITY: Office of the City Clerk City Hall 10300 Torre Avenue Cupertino, CA 95014 With a copy to: Director of Parks & Recreation City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 To DISTRICT: Superintendent Fremont Union High School District This Agreement shall be governed by and construed in accordance with the laws of the State of California. Notwithstanding the above, this Agreement shall have a term of one year commencing April 21, 2009 that may be renewed upon the ;anniversary date of the effective date of this Agreement, unless otherwise agreed to by the parties. Either party may terminate this Agreement up~~n 90 days notice, with or without cause by providing written notice to the other party of its intent to terminate this Agreement. 4 This Agreement may be executed in any numller of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other oral or v~~ritten agreements between the parties not incorporated in this Agreement. This Agreement shall not be modified, unless the parties first agree to and approve of such modification in writing through a duly authorized amendment. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect. Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be such consent to any subsequent assignments. Any assignmennt without such approval shall void and, at the option of the other party, shall terminate tYlis Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assigned by operation of law without the prior written consent of the other party. 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 ha~re executed this AGREEMENT on the day and year first written above. RI CIT B y By Title S u ~ t~h Title - ~a~-~.~ ~ Date 7~~U Date ~ ~ . ~ PROV~D~AS,TO FORM: r` 1~.: AT EY 002 13.00001 / 107 247.1 5 City- Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Web Site: www-cupertino.org CUPERTINO CITY CLERK'S OFFICE April 29, 2009 Fremont Union High School District Polly Bove, Superintendant 589. West Fremont Avenue Sunnyvale, CA 94087 A fully executed copy of the agreement with the City of Cupertino and Fremont Union High School District is enclosed. If you have any questions or need additional information, please contact the City Manager's Office at 777-3212. Sincerely, Julia Kinst Administrative Clerk