HomeMy WebLinkAbout2002-06-17 City Council (12)City of Palo AIJ 4
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:JUNE 17, 2002 CMR: 273:02
SUBJECT:APPROVAL OF AMENDMENT IN THE AMOUNT OF $15,714 TO
EXISTING CONTRACT FOR EMPLOYEE TRAINING WITH
FOOTHILL DEANZA BUSINESS AND INDUSTRY INSTITUTE,
CHANGING CONTRACT AMOUNT FROM $119,286 TO $135,000
FOR THE SECOND CONTRACT YEAR
RECOlVllVlENDATION
Staff recommends that Council approve and authorize the .Mayor to execute the attached
contract amendment in the amount of $15,714, amending the existing renewable contract -
with Foothill DeAnza Business and Industry Institute to increase the second year contract
amount from $119,286 to $135,000.
BACKGROUND
Last year, the City delivered over 352 classes to employees in Computer skills,
management and. supervisory training, professional development, professional
certification classes, personal development, and mandatory safety training. These classes
support the goals of the City in delivering quality customer service to the residents of
Palo Alto and enhancing the technological, communication and other business skills of
the City workforce. In this second contract year, the classes were also made available to
employees of small businesses, nonprofits and other nearby public agencies. Offering
these classes to non-City employees serves the City of Palo Alto’s goals of promoting
regional standards and information sharing and of enabling the City to offer a broader
array of programs to its employees at reasonable expense.
DISCUSSION
In FY01-02, a second management academy was added. Foothill-DeAnza Business and
Industry Institute supplied instructors and curriculum for a majority of the program,
which increased the overall contract costs. In addition, just-in-time training was made
CMR: 273:02 Page 1 of 2
available for some departments and Foothill-DeAnza B & I I supplied the instructors.
The additional costs fell under the City’s sole source contract with Foothill-DeAnza B &
I I. The increased amount is available in the approved 2001-2002 fiscal budget.
Foothill-DeAnza Business and Industry Institute was originally selected as a sole source
provider because of the shared facilities and cooperative .relationship with Foothill
Community College. The Institute provides expert instruction in personal and
professional development, management and supervisory skills, as well as computer
applications. The contract provides the City with a wide referral source of instruction and
training alternatives for programs throughout the year.
RESOURCE IMPACT
Funding for this agreement is provided in the 200.1-02 Budget.
POLICY IMPLICATIONS
This request does not represent a change to existing City policies.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACI-IIVIENTS
Amendment No. 2 to Agreement No. $1128286 Between the City of Palo Alto and
Foothill De Anza Business and Industry Institute
PREPARED BY: Charlotte Carlson, Manager, Training and Development
DEPARTMENT HEAD:
LESLIE LOOMIS
Director of Human Resources
CITY MANAGER APPROVAL:
EMIL~r~~SON
Assistant City Manager
CMR: 273:02 Page 2 of 2 .
AMENDMENT NO. TWO TO AGREEMENT NO. SI128286
BETWEEN THE CITY OF PALO ALTO AND
FOOTHILL DE ANZA BUSINESS AND INDUSTRY INSTITUTE
This Amendment No. Two to Agreement No. SI128286
("Agreement,) is entered into this day of June, 2002, by and
between the CITY OF PALO ALTO (~CITY"), and Foothill DeAnza
Business and Industry Institute, a public institution, located at
21250 Stevens Creek Blvd., Cupertino ("CONTRACTOR").
RECITALS:
WHEREAS, the Agreement was entered int~ between the
parties for the provision of trainers and class materials for the
City of Palo Alto’s employee training program; and
WHEREAS, the parties wish to amend the Agreement;
NOW, THEREFORE, in considerationof the covenants, terms,
conditions, and provisions of this Amendment No. Two, the parties
agree:
SECTION i. The section entitled"COMPENSATION" is hereby
amended, to read as follows:
~COMPENSATION for the full performance of this
Agreement: CITY shall pay CONTRACTOR: .upon
submittal of invoice, no more often than
monthly, describing the classes provided, for
which payment is requested. Total
compensation for FY 2001-2002 shall not exceed
$135,000."
SECTION 2. The section entitled "City Account Number,"
under the subsection entitled ~Dollar Amount," is hereby amended to
read as follows: "Dollar Amount: not to exceed $135,000 (July 2001
- July 2002)."
SECTION 3.The Agreement is hereby amended to
incorporate the ~2"d Management Academy 2002 Instruction Costs" as
Exhibit i.
SECTION 4.The following exhibits are incorporated in
full by this reference.
a. Exhibit i: 2nd Management Academy 2002 Instruction Costs
b. Exhibit 2: Amendment No. 1 to Agreement, including
following exhibits:
020605 ¢1 8120270
Exhibit A: Entitled "Agreement" with exhibits
Exhibit B: Entitled "Scope of Services, FY
2001-2002,, including list of classes
SECTION 5. Except- as herein modified, all other
provisions of the Agreement, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly .
authorized.representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
FOOTHILL DE ANZA BUSINESS
¯ AND,INDUSTRY INSTITUTE
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Human Resources
Taxpayer Identification No.
941-59-7718
Risk Manager
020605 c| 8120270 2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
c~’n~~a~d
On ~. ~-4~--before me, the undersigned, a
notarympub~i ~or said County, personally appeared
perso~ally known to me (or ~rove~ to m~ ~ ~h~ basis of
satisfactory evidence) to be. the person(~ whose name(H is/a~
subscribed to the within instrument, and acknowledged to me that
h~she/t~y executed the .same in b~her/th~r authorized
capacity(i~), and that by h~her/tb4£ir signature(~) on the
instrument the person(~, or the entity upon behalf of which the
person(~h acted, executed the instrument.
WITNESS my hand and official seal.
. Signature of Notary PublicJ
020605 cl 8120270 3
2nd Management Academy 2002 Instruction Costs:
Introduction to Management/Management Supervision
Project Management
Class Books
Communication Skills for Leaders.
Sustaining a Motivated Workplace
Leading Effective Teams
Problem Solving/Decisi0n Making for Managers
Conflict Resolution/Managing Conflict
Interviewing to Hire.the Best ..
Addressing Performance Problems/Performance
Planning/Appraisals
Office Supplies and Food Costs
Total:
$1,750.00
$1,750.00
$134.oo
$1,75o.oo
$1,750.00
$1,750.00
$1,750.00
$1,750.00
$1,75O.OO
$950.O0
$630.00
$i5,714.00
Exhibit 1
AMENDMENT NO. 1 TO AGREEMENT NO. SI128286
BETWEEN THE CITY OF PALO ALTO AND
FOOTHILL DE ANZA BUSINESS AND INDUSTRY INSTITUTE
This Amendment No. 1 to Agreement. No. SI128286
(~Agreement.") is entered into this day of December, 2001, by
and between the CITY OF PALO ALTO (~CITY"), and Foothill DeAnza
Business and Industry Institute, a public institution, located at
21250 Stevens CreekBlvd., Cupertino (~CONTRACTOR").
RECITALS:
WHEREAS, the Agreement was entered into between the
parties for the provision of trainers and class materials for the
City of Palo Alto’s employee training program; and
WHEREAS, the parties wish to amend the Agreement;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment No. i, the parties
agree:
SECTION i. The section entitled "TERMS"
amended to read as-follows:
~TERMS. The services and/or materials
furnished under this Agreement shall commence
on July 2, 2001 and shall be completed before
July i, 2002."
is hereby
SECTION 2. The section entitled "COMPENSATION" is hereby
amended, to read as follows:
"COMPENSATION for the full performance of this
Agreement: CITY shall pay CONTRACTOR: upon
submittal of invoice, no more often than
monthly, describing the classes provided, for
which payment is requested. Total
compensation for FY 2001-2002shali not exceed
$119,286."
SECTION 3. The section entitled ~City Account Number,"
under,the subsection entitled "Dollar Amount," is hereby amended to
read as follows: ~Dollar Amount: not to exceed $119,286 (July 2001
- July 2002)."
SECTION 4.The Agreement is hereby amended to
incorporate the following exhibits. Exhibit ~B" sets forth the
scope of services, including class titles, applicable to services
rendered under the Agreement in FY 2001-2002. These exhibits are
incorporated in full by this reference.
O11212 cl 8120232 1
w.xhibit 2
Exhibit ~A" entitled ~Agreement" (between the City
of Palo Alto and Foothill/De Anza Business &
Industry Institute), for the term from October i,
2000 to July i, 2001, and upon renewal by the City
at its option for up to two additional one year
terms.
Exhibit "B’~ entitled "Scope of Services, FY 2001-
2002," including attached list of classes for FY
2001-2002.
SECTION 5. Except as herein modified, all other
provisions of the Agreement, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTESm.
To Be Signed June 13, 2002
City Clerk
APPROVED ~ TO FOP~M:
Seh~6or As~. City~Attor~ey
APPROVED :
~anager " .
DirecSor of~£iServ~s , ~strative
R~~nager ~
CITY OF PALO AT,m~
ToBeSignedJune13,2002
Mayor
FOOTHILL DE ANZA BUSINESS
AND INDUSTRY INSTITUTE
Taxpayer Identification NO.
941-59-7718
011212 cl 8120232 2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On , before me, the undersigned, a
notary public, in and for said County, personally appeared
personally~ known to me (or proved to me on the basis of
satisfactory evidence) tobe the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and. that by his/her/their signature(s), on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~f Notary Public
011212 c18120232 3
BY. THIS AGREEMENT MADE AND ENTERED INTO ON THE
BY AND BETWEEN THE CITY OF PAL(3 ALTO"CITW’I ANDInstitute ’
~ 21250 Stevens Creek Blvd.(ADDRESS)
DAY OF
Foothill/De Anza
Cupertino
_ J’DATE TO BE ENTERED
Business & I~-U~YP-P~.~’P’u~cHASING’
(ziP) ~5014 ¯ . (pHONE)(408)
’;~3ONTRACTOR" !N CONSIDERATION OFTHEIR MU.TUAL COVE’NANT8, THE PARTIES HERETO AGREE AS FOLLOWS: ..
¯CONTRACTOR SHALI~ PR0,VIDE ..(JR FU, RNI~N THE FOLLOWING SPECIFIED I) GOODS.AND MAi’ERIALS, 2) SERVICES OR ’~) A COMBI,NATION
’"THERE6F.AS SPECIFIED IN THE EXHIB!TS NAMED BELOW AND A’I-I’ACHED ~ERETO AND INCORPORATED HI’REIN BY.THIS. REFEREN.C,E:"
TIT~-E:(D.ERCRIPTION) . ¯ ’ .
...To provide trainersand., class m~teria]-s for~ the City’s employee’ thaining .
program in ac~0rdance.withthe ...attached e.xh.ibit.° .City .may.choose..t!xe
¯ classes it ¯wants, from the...attached list,"with’in the amount of auhho~ized
compensation. . ’ ’ . .. ¯ .- " . - . . . - ’" ¯ ’. ...
¯EXHIBITS THE FOLLOWING A~AC~ED EX~I~ITS HER,’EB.Y, AR~" MADE PA~ OF .~HIS AGREEMENT: ’: ’.
-Scope of work .... F~ ..2000~2001"v ~nc]:. - cl.a~s.titles a~d cos~.est~Ma.~e~i- ... :..
.... ¯ "TERM THESi=R~ESA~ND~RMATER~:~‘LSF~URN~HE~L~N~EE:~‘~HiSAGRE~MENTSHAiLC~MME~E~N..O.ctbb:~r".. . .~, !:20.00 "" ’ :
~NDSHA~LBECOMP.L~TEDB’EEO, RE-:J__ul~. i~ 200~ =. C. it¥ .at:it.s optionshail, hay4 ~.eri.g~t to’i
renew the agr.e~ment .for.up.[ tQ two .additional one. year terms: ’ .." " .
:.¯ COMPENSATION FORTHE FULL’pERFORMANC~bF.. THIS’AGRI~I~MENT:., : " . ". . . . ’ ... . .’.... . . " .’ ,’. .¯~ ClT~ SH,ALL ~AY bO.~.TRACT~: upO, n Su~mi~ta.l Of an in.voice, . no more ’of~e~ .than ¯¯mOnthly,-"GescriDing. ~ne. classes provi~e.d~ for which’paymen.t is requested. Tota!’..
~ .....k~’TOb=U^U’ p^YClW...compensa.tion .fo~. Fy. 200.0-2001. s~al.l hot exceed .$85;00.0.~ .........:’ ..... . ’ To~al com.pensation forFy: 2001-02. and 2002-03.; respecti~el3
¯m&YM~NT RECORD ,D~=~=T~E~USE ~’EvER~E S Dei’if ’ applicable, i shall not exceed $85,000
.’" . ’ . "’ ’:’.~lus. C~.~ - all.’.urban consumers, (S~i0aklan~
¯ , CITY ACCOUNT NUMBER.. : " . ’ " ¯ " .’ ¯ ¯ " . ¯ " ’ " . ’ San Jose
.KEY CODE ¯.-OBJECT I PROJECT """’ ¯PILIASE.NO,’’"DO "I~..ARAMOUNT " "
I02323170-3!07 ""I
No~ to exceed $85,000
I
THIS "AGREEMENT SHArL BECOME EFFECTIVE. UPON ITS APPROVAL AND EXECUTION ’BY CITY.. IN WITNESS THEREOF, THE PARTIES HAVE.E~(ECUTED THIS
AGREEMENT THE DAY, MONTH, AND.YEAR FIRST WRI’I-rEN ABOVE.; ."
HOLD ~ARMt.ESS,. CONTRACTOR agrees to Indemnity, defend.and hold harmless CITY; Its (~ouncll Members, officers, empieyee’s, ind ~gents from any and all @mands,
claims or liability of any nature, Including wrongful.death caused by or.arising.out of ~;ONTRACTOR’S its .~fficers’ directorS’, employeeS’ or agents’ negligent acts",errors
".or omissions,oP willful misconduct, or conduct for which the. law Imposes strict liability on CONTRACTOR In the performance of or failure to perform this agreernent.by
CONTRACTOR. ¯ -ENTIRE AGREEMENT. This agreement ~pd the terms and conditions on the reverse hereof represent the entire agreement between the par~les with respect t~ the purchase
and saiDof the goods, equipment, materials or supplies or payment for services which may be the subjectof this agreement. All prior agreements, representations,
statements, negotiations and undertakings whether oral or written are superseded hereby. ¯
¯ PROJECT MANAGERAND REPRESENTATIVE. FOR CITY’.CONtT!~A/c’r.0 R/:.-~- -- -.- - ..,-."
"NAME C,arlotte Carlson .BY ~’.~~~
DEPT. HR/Traininq &Development .’ .T~TLE ¯Director, Business & Industry
P.O. BOX 1025o
PALO ALTO, CA 94363
Telephone (650) 329-2125
SOCIAL SECURITYORI.R.S. NUMBER 941 59 7718
INVOICING SEND ALL INVOICES TO THE CITY, ATFN: PROJECT MANAGER
¯ CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW)
CITY DEPARTMENT [--IFunds Have Been INSURANCE REVIEW PURCHASING & CONTRA(;T ADMINISTRATION~--~ Budgeted
864-
8202
(~)
’Ac(~EPTANCE. THIS AGREEMENT IS LILY’..J TO THE TERMS AND
CONDITIONS ON THE FACE AND BACK HEREOF WHICH INCLUDES ANY
EXHIBITS REFERENCED..
NON-DISCRIMINA~..~. NO DISCRIMINATIOH SHALL ~ MAbE.I
EMPLOYMENT bF PERSONS UNDER "FHIS AGREEMENT BECAUSE OF
RACE, COLOR, NATIONAL ORIGtN, AGE,.ANCESTRY,.RELIGION.OR SEX £
SUCH PERSON, ."
GOVERNING LAW, THIS AGREEMENT SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF CALIFORNIA.
INTEREST OF CONTRACTOR. ~T ~S UNDERSTOOD AND AGREED THAT
...THIS AGREEMENT IS NOT A CON.TRACT OF EMPLOYM.ENT IN THE SENSE THAT
THE RELATION OF MASTER AND SERVA.NT EXISTS BETWEEN THE CITY AND
UNDERSIGNED. AT ALL TIMES CONTRACTOR SHALL BE DEEMED TO BE AN
INDEPENDENT CONTRACTOR AND CONTRACTOR IS NOT AUTHORIZED TO
.BIND CITY "TO ANY CONTRACTS OR OTHER OBLIGATIONS. IN EXECUTING
THIS AGREEMENT, CONTRACTOR CE.RTIFIES THAT NO ONE WHO HAS OR
" WILL HAVE ANY FINANCIAL INTEREST UNDER THIS AGREEMENT IS AN
oFFICER OR EMPLOYEE OF CITY. ’ .
INSURANCE, CO~TRACTOR AGF~EES TO PROVIDE THE INSURANCE
SPECIFIED]N TH’E ¯"INSURANCE REQUIREMENTS" FORM ISSUED HEREWITH,
IN THE.EVENT SELLER IS UNABLE TO S.E’CURE A POLICY ENDORSEMENT ¯’" NAMING’THE CIT.Y OF PALO ALTO AS AN ADDITIONAL INSURED UNDER ANY
. i" ..COMPREHENSIVE GENERAL LIABILITY OR COMPREHENSIVE AUTOMOBILE
POLICY OR POLIO!ES, CONTRACTOR SHALL AT A MINIMLJM, AND ONLY WITH
¯THE WRITTEN APPROVAL OF CITY’S RISK MANAGER OR DESIGNEE, CAUSE
EACH SUCH INSURANCE POLICY OBTAINED BY IT TO CONTAIN. AN-
EI~IbORSEMENT IEROVIDING THA’[: THE INSURER WAIVES ALL RIGHt OF
~" ,.. RECOVERY BY WAY OF SUBROGATION AGAINST CITY, ITS OFFICERS,.
AGENTS, AND EMPLOYEES IN CONNECTION ¯WITH ANY DAMAGE; CLAIM,
:. . LIABILITY PERSONAL INJURY, OR WRONGFUL DEATH COVERED BY ANY SUCH
¯ "’: POLICY. EACH SUCH POLICY OBTAINED BY CONTRACTOR SHALL COI~TAIN AN
ENDORSBMENT REQUIRING THIRTY (30) DAYS’ WRrrFEN NOTICE. FROM THE
¯- INSURER TO CITY BEFORE CANCELLATION OR CHANGE IN THE COVERAGE,
:""SCOPE OR AMOUNT OF SUCH POLICY.¯
¯ ..CONTRACTOR SHALL PROVIDE CERTIFICATES OF SUCH POLICIES OR OTHER
":EVIDENCE OF COVERAGE SATISFACTORY TO CI’I:~"S RISK MANAGEI~,
:." ¯ - TOGETHER WITH EVIDENCE OF PAYMENT OF PREMIUMS, TO CITY AT THE
~ i. C.OMMENCEMENT OF T~IS AGREEMENT, AND ON RENEWAL OF THE POLICY,
. OR POLICIES, NOT LATER THAN TWENTY (20) DAYS BEFORE EXPIRATION OF
.THE TERMS OF ANY SUCH POLIG..Y, . ;, ..
~~ " :TERMINATION. T~I~ AGRI~EMENT .M.AY B.’E ~’~RMINATED.B¥_.ClTY UPON
..’..TEN (:1~) DAYS WRI-I-FEN NOTICE~ TO CONTRACTOR. MONIES THEN OWING
:.BASED UPON .WORK SATISFACTORILY ACCOMPLIS~ED SHALL BE ¯PAID TO
’;’CONTRACTOR.’ ¯
WARRANTY. CONTRACTOR EXPRESSLY WARRANTS THAT ALL MATERIALS
AND SERVICES COVERED BY THIS AGREEMENT SHALL CONFORM TO THE
SPECIFICATIONS, REQUIREMENTS, INSTRUCTIONS, OR OTHER DESCRIP-
TIONS UPON WHICH THI~ AGREEMENT IS BA.SED, SHALL.BE FIT.AND
SUFFICIENT FOR THE PURPOSE INTENDED, OF GOOD MATERIAL’AND
WORKMANSHIP ’AND .FREE FROM DEFECT AND THAT MATERIALS AND
SERVICES OF CONTRACTOR’S DESIGN WILL BE FREE FROM DEFECT IN
DESIGN. INSPECTION, TEST, ACCEPTANCE, PAYMENT OR USE OF THE GOODS
FURNISHED HEREUNDER SHALL NOT AFFECT THE CONTRACTOR’S
OBLIGATION UNDER THIS WARRANTY, AND SUCH WARRANTIES SHALL
SURVIVE INSPECTION, TEST ACCEPTANCE AND USE. CONTRACTOR AGREES
TO REPLACE, RESTORE, OR CORRECT DEFECTS OF ANY MATERIALS OR
SERVICES NOT CONFORMING TO THE FOREGOING WARRANTY PROMPTLY,
WITHOUT EXPENSE TO CITY, WHEN NOTIFIED OF SUCH NONCbNFORMITY BY
CITY. IN THE EVENT OF F.AILURE BY CONTRACTOR TO COBREC.T DEFECTS IN
OR REiELACE NONCONFORMING GOODS OR SERVICES PROMPTLY, CITY~
AFTER REASONABLE NOTICE TO CONTRACTOR, MAY MAKE SUCH
CORRECTIONS OR REPLACE SUCH MATERIALS OR SERVICES AND CHARGE
CONTRACTOR FOR THE COST INCURRED 9Y THE CITY THEREBY.
WORKERS’ COMPENSATION.cONTRACTOR, BY EXECUTING THIS
AGREEMENT, CE.RTIFIE.S THAT IT IS.AWARE OF THE PRO.V.ISIONSOF .THE
LABOR CODE OF THE STATE OF CALIFORNIA WHICH REQUIRE EVER’,’
.EMPLOYER TO BE INSURED AGAINST LIABH~ITY FOR WORKERS’
COMPENSATION OR TO UNDERTAKE SELF-i’~SURANCE IN ACCORDANCE
WITH THE PROVISIONS OF THAT (~ODE,..AND CERTIFIES THAT IT WILL COMPLY
WITH SUGH PROVISIONS BEFORE COMMENCING THE PERFORMANCE OF THE
WORK OF THIS AGREEMENT,
PRICE TERMS. . .. ,"-. .- --i ..
¯ (a) EXTRACHARGES, INVOICES AND PAYMENT, NO ’~:XTRA CHARGES QF ANY
.KIND WILL BE ALLOWED UNLESS SPECIFICALLY A.~GREED. TO iN WRITING BY
CITY. ALL STATE AND FEDERALEXCISE;’SALES ANb USE TAXES SHALL BE
STATED SEPAFIA-TELY ON THE INVOICES,
. (b) TRANSPORTATION CHARG~;, ANY TRANSPORTATION CHAR~s WITH
RESPEC~ TO WHICH CONTRACTOR IS ENTITLED TO RECEIVE
¯ REIMBURSEMENT SHALL BE AI~DED TO CONTRACTOR’S INVOICE AS A
SEPARATE ITEM, WITH THE RECEIPTED FREIGHT. BILL/~TTACHED THERETO,
¯ .(c) CQNTRACTOR ~ARRAN_TS, TI~.A.~.~THE ,PRI.CE~S’. FOR MATER!ALS OR
WITHOUT THE WRITTEN CONSENT ’OF THE ClT.Y.. NO CHANGES OR
VARI,~:I’IONS OF ANY KIND ARE ,AUT.HOR ZED WITHOUT .THE. WRrI-I’EN
CONSENT OF¯THE CITY MANAGER.
:AUDITS. CONTRACTOR AGREES ~ro PERMIT,CITY TO AUDIT, AT ANY
’-~REA~ONABLE TIME DURING THE TERM OF THIS AGREEMENT AND FOR THREE
(3) YEARS THEREAFTER, CONTRACTOR.:S RECORDS PERTAINING TO
MA’rTERS COVERED BY THIS AG’REEMENT. CONTRACTOR FURTHER AGREES
¯ TO MAINTAIN SUCH RECORDS FOR AT LEAST THREE (3) YEARS AFTER’.THE
TERM OF TH S AGREEMENT~
NO IMPLIED WAIVER, NO PAYMENT, PARTIAL P.AYMENT, ACCEPTANCE,
. OR PARTIAL A~3CEPTANCE BY CITY SHALL OPERATE AS A WAIVER ON THE
PART OF C ’l’y OF ANY OF ITS RIGHTS UNDER THIS AGREEMENT.
C!TY’S PROPERTY. TITLE TO CITY’S PROPERTY¯ FURNISHED TO
CONTRACTOR .SHALL REMAIN IN THE CITY. CONTRACTORSHALL NOT ALTER
" OR USE PROPERTY FOR ANY PURPOSE, OTHER THAN THAT SPECIFIED BY
CITY, OR FOR ANY OTHER PERSON WITHOUT THE PRIOR WRITTEN CONSENT
OF CITY. CONTRACTOR SHALL STORE, PROTECT, PRESERVE, REPAIR AND
MAINTAIN SUCH PROPER’P( IN ACCORDANCE WITH SOUND PRQFESS!ONAL
PRACTICE. ALL AT CONTRACTOR’S EXPENSE.
PAYMENT RECORD: (For Department Use)
Warrant Nol Date Amount
(1)
SERVICES SOLD TO C.ITY UNDER.~’.B;I,S,~.AGRE.EMENT ARE NOT t’ESS
FAVORABLE THAN THOSE .CURRENTLY EXTENDED ’TO.ANY ¯OTHER
CUSTOMERS OF THE~MEOR-r~fKE ARTICLES-’~)R-SERV[CES-IT’q-EQ-UA~ OR
LESS.QUANTITIES. IN EVENT CONTRACTOR REDUCES ITS PRICE FOR ~UCH
MATERIALS OR SERVICES D’URING "THE TERM O.F THIS .AGREEMENT,
CONTRACTOR AGREES "TO ~IEDUCE THE PlaICES OR RATES HEREOF
CORRESPONDINGLY.
SCHEDULES OR DELIVERY. TIM~:IIS OF THI~ E.SSENCE OF TI~IIS
AGREEMENT. CONTRACTOR AGREES TO COMPLY WITH THE SPECIFIC
SCHEDULE PROVIDEDBY THE CITY (~F~.~,’GF~EED’ uPON HEREIN WITHOUT
DELA’~ AND WITHOUT ANTICIPATING CITY’S REQUIREMENTS. CONTRACTOR
ALSO AGREES NOT TO.MAKE MATERIAL COMMITMENTS OR SCHEDULING
ARRANGEMENTS IN EXCESS Oi= THE REQUIRED AMOUNT OR IN ADVANCE OF
THE TIME NECESSARY TO MEET THE SCHEDULE(S) OF THIS AGREEMENT, IF
AN% .. -
TRANSPORTATION, ¯PACKAGING & LABELING, ALL MATERIALS
OR SERVICES ARE TO BE PROVIDED: (a) F.O.B. PALO ALTO UNLESS
OTHERWISE SPECIFIE~; (b) WITH A PACKING LIST ENCLOSED IN CARTONS,
WHICH INDICATE THE AGREEME..N~ NUMBER, EXACT QUANTITY AND
DESCRIPTIONS; CONCERNING ANY MATERIAL SHIPMENTS; (c).AND COMPLY
WITH CURRENT PACKAGIN, G AND LABELING REQUIREMENTS ,F’RESCRIBE.,.D BY
D.O.T. " . ¯
Warrant No.
(4)
Date Amount
(2)
(3)
(5)
(6)
sCOPE OFSERVICES
Provide classes per attached for FY 2000-2001 for Professional ¯
Development,. Personal Development and Computer application classes,
Cost: See attached quote
Contact person:
Name:
Phone:
Shirley K~endall
F0othilI-DeAr~za Colleges
Business & Industry Institute
;).1250 Stevens Creek Bivd.
Cupertino, Ca 9501z
(408) 864-8203
Class Cost Estimate
Computer classes:
Cost for eight hour-class:.
$725 per classfor up to 12 Students
$240 per class for books
$30 per student for each student over 12; total cost not to
exceed $1100
Co.sLfor_fo_ur_Aoxtr_class:
$365 per class for up to 12 students
¯ $240 per class for books
$30 per student foreach student over 12; total cost .not to
exceed $1100. ’", .,
Other Classes:
Cost for eight, hour class:
$1600 per class for up to 20 students (unless indicated
differently). .. "
$150 materials leefor up to 20 participants "
Cost for four hour class:
$800 per class for up to 20 students
$150 materials fee
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