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12-001 Dina BistryCUPERTINO January 13, 2014 Dina Bistry OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino..org Re: Second Amendment to Agreement. for Contract Services Enclosed is a fully executed copy of the above stated 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 -3120. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Parks & Recreation M 0 No: 57688 FY 13-14 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DINA BISTRY FOR COiVTRACT SERVICES This Second Amendment to the •Agreement betWeen the City of Cupertino and Dina Bistry, for reference. dated December 2, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City ") and DINA BISTRY, a sole proprietor, whose address is (hereinafter "referred to as Contractor "), and is made with reference to the following: RECITALS: A. On May 4, 2012, the City and Contractor entered into an Agreement; and B. On May 22, 2013, the City and Contractor entered into a First Amendment to the Agreement between the City and Contractor (collectively, the Agreement and First Amendment are hereafter referred to as "Agreement"); and C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows.: 1. The term of the Agreement as set forth in Paragraph 1 shall be extended six months, from January 1, 2014 until June 30, 2014, unless terminated earlier' as set forth in the Agreement; and 2. Consultant shall receive additional compensation under Paragraph 3 of the Agreement as follows: $36 for a 60 minute class. The total compensation under the Agreement is not to exceed the following: $11,500.00 (total), $4,000.00 for the term of July 1, 2012 to June 30, 2013; $3,500.00 for the terrri of July 1, 2013 to December 31, 201.3; and $4,000.00 for the term of January 1, 2014 to June 30, 2014; and 3. On or before the term of this Second Amendment, Contractor shall provide the City with a certificate of insurance and additional insured endorsement demonstrating Contractor's ongoing compliance with the Agreement's insurance obligations and naming the City' as an additional named insured; and 4. Contractor represents, warrants, and declares that the Agreement Exhibit "C" the "City of Cupertino Consultant Declaration" remains accurate and current. 5. Except as expressly modified herein, all other terms, covenants and conditions set forth in the Agreement shall remain the'saine and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. DINA BISTRY CITY OF CUPERTINO By _ -- --, Title: Fitness Instructor Date: A Municipal Corporation By Karen Levy (( Title: Recreation Coordinator RE MENDED FOR APPROVAL: ,V Recreation'Supervisor Date' Z AP OVIhD S TO OR1Vl: City A' ttorne Date: A "T�EST:' Clerk Date: I; -I (_(3 CUPERTINO June 17, 2013 Dina Bistry Re: Agreement OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Enclosed is an original copy of the first amendment to your 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- 312C,. Sincerely, LW4 � Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Parks & Recreation No: 57688 FY 13 -14 Is' AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND Dina Bistry FOR Contract Services This 1St Amendment to the Agreement between the City of Cupertino and Dina Bistro, for reference dated May 22, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City ") and Dina Bistry a sole proprietor whose address is (hereinafter "referred to as Consultant "), and is made with reference to the following: RECITALS: A. On May 4, 2012, an agreement was entered into by and between City and Dina Bistry (hereinafter "Agreement "). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 of the Agreement is modified to read as follows: "The term of this Agreement shall commence on July 1, 2012, and shall terminate on December 31, 2013, unless terminated earlier as set forth herein." 2. Paragraph 3 of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth below. Compensation: $36 for a 60 minute class. Compensation shall not exceed a total amount of thirty -five hundred dollars ($3500.00) per year for a total not to exceed seventy -five dollars ($7500.00). Payment by the City to the Consultant for services: Consultant will be paid no more than three times per quarter. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT: By :- Title: Fitness Instructor Date: CITY OF CUPERTINO A Municipal Corporation By: Karen Levy Title: Recreation Coordinator RECOMMENDED FOR APPROVAL: t Recreation Supervisor APPR VED AS TO FORkity l / Attorney A ST: City Clerk CUPERTINO July 2, 2012 Dina Bistry Re: Agreement OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Enclosed is a copy of your agreement with the City of Cupertino. If you have any questions or need additional information, please contact our office at 408- 777 -3223. Sincerely, Brittany Morales Acting Senior O i( City Clerk's Office Enclosure LAr- Assistant cc: Parks & Recreation CITY OF AGREEMENT J CITY OF CUPERTINO 0 b Cupertino, CA95014 , 7 C% CUPERTINO 671, 408 =777 -3200 NO. G'UV� �" FY 12 -13 THIS AGREEMENT, made and entered into this 4t" day of May, 2012 is by and between the CITY OF CUPERTINO (Hereinafter "CITY ") and Dina Bis r Hereinafter "CONSULTANT "), in consideration of their mutual covenants, the parties agree as follows: CONSULTANTshall provide or furnish the following specified services and /or materials: Adult Fitness Instruction Check box if services are further described in an Exhibit. ❑X EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A TERM: The services and /or materials furnished under this Agreement shall commence on July 1, 2012 and shall be completed no later than June 30, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: $36 for 60 minute class Payments shall be issued to consultant no more than three times per quarter. GENERAL TERMS AND CONDITIONS Hold Harmless.Consultant shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent Consultants. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Consultant has been retained due to their unique skills and Consultant may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment.Consultant may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Consultant shall file with City a Certificate of Insurance consistent with the following requirements: Coverage: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000each occurrence $2,000,000aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver.Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a thirty (30) -day notice. The Consultant may terminate this Agreement with or without cause with a thirty (30) -day written notice. Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Consultant. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Consultant shall be deemed to be an independent Consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Consultant performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the Consultant. The Consultant shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: Karen Levy DEPARTMENT: Parks and 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. CONSULTANT: By: Title: ( r 14 CITY OF CUPERTINO: By: Karen Levy 'JIA .QiK Title: Recreation Coordinator GYD5=A1n1T"P1= nISTRIR11T1()N nrrRVrr�w - TMENT HEAD DATE ACCOUNT NUMBEE $4000.00 580- 6449 -7014 4111, 2 FITY TTC �I�IEY APPROV D AS T FORM DA E (�/ _ l 7 _ L CITY CL K: ATTES DATE EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide instruction in, but not limited to, the following programs: Fitness classes for adults including Dancing for Fitness and Ballet Inspired Workout Location and Time of CONSULTANT Services: Refer to current Recreation Schedule for agreed upon dates, times, and class locations. By Mutual agreement of both parties, class schedule may change. Eligible Participant Minimum and Maximums for CONSULTANT Services: Minimum:5 Maximum: 20 In the event that less than the required 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 Consultant, City may cancel and withdraw from this Agreement. Performance of CONSULTANT Services: City shall have no right of control as to the manner Consultant performs the services to be performed. Nevertheless, City may, at any tim,: , observe the manner in which such services are being performed by the consultant. The Consultant shall follow all guidelines pertaining to registration procedures as listed in the quarterly recreation schedule. Participants may not take part in the program unless they are listed on the class roster or can show proof of enrollment. All participants and volunteers need to complete the City's Waiver of Liability form prior to taking part in the program. Contractors are responsible for supervising minors after class until a parent of legal guardian has arrived. Children are not allowed in adult classes and adults are not allowed in children only classes. The only exception would be a special needs child whose parent might need to attend class with them. In the event of an injury occurring to a participant, the Consultant will notify the City within 1 hour and complete an ABAG Incident Report. The ABAG Incident Report must be submitted to the City within 24 hours of the injury occurring.