12-001 Irene Aida Ortiz \ / OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CIJPERTINO,CA 95014-3255
,;(.1 94, TELEPHONE:(408)777-3223 •FAX: (408)777-3366
CU P S RT I N O WEBSITE:www.cupertino.org
June 12, 2013
Irene Aida Ortiz
Re: 1st Amendment to Agreement
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any
questions or need additional information, please contact the Parks and Recreation
department at 408-777-3120.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc: Parks & Recreation
No: 57807
FY 13-14
et AMENDMENT ONE TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND Irene Aida Ortiz
This First Amendment to the Agreement between the City of Cupertino and Irene Aida
Ortiz, for reference dated June 7, 2013, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and Irenne Aida Ortiz, a sole proprietor whose address
RECITALS:
A. On June 22, 2012, an agreement was entered into by and between City and Irene
Aida Ortiz (hereinafter "Agreement") for Consultant to teach Zumba Gold classes at the
senior center.
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 be completed no later than June 30
2014, 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.
Starting July 1, 2013, the city will pay the consultant $31 per registered student
per session, which is $1 increase from the 2012-2013 ($30 per registered student)
fiscal year. Compensation shall not exceed a total amount of forty five hundred
dollars ($4,500) per year for a total not to exceed nine thousand dollars ($9,000).
Payment by the City to the Consultant for services: Consultant will be paid at the
end of each 8-week session.
The contractor shall provide all teaching supplies, such as dry erase markers,
erasers, and handouts. Copy service at the senior center is 10 cents a page.
California Labor Code, Section 1771 requires the payment of prevailing wages to
all workers employed on a Public Works contract in excess of$1,000.00.
Paragraph TERMINATION OF AGREEMENT of the Agreement is modified to read as
follows:
The City reserves the right to terminate this Agreement with or without cause with a
thirty(30)-day notice. The Contractor may terminate this Agreement with or without
cause with a thirty(30)-day written notice.
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.
Irene Aida Ortiz CITY OF CUPERTINO
A Municipal Corporation
/ // By Teresa Mo, Recreation Coordinator
Title . / / e/lek
Date Anir • i3
RECOMMENDED FOR PROVAL:
By Ct-e:A
Titl enior Recreation supervisor
APPROVED AS TO FORM:
By /! rLi , &Attorney
ATTEST:
` �;_/ _ i,4, City Clerk
/ OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
`51'�9sr TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
Cu P S RT I N O WEBSITE: www.cupertino.crg
July 25, 2012
Irene Aida Ortiz
Re: Agreement
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any questions
or need additional information, please contact the Parks and Recreation department at 408-777-3120.
Sincerely,
Brittany Morales
Acting Senior Office sistant
City of Cupertino
Enclosure
cc: Parks & Recreation
CITY OF
AGREEMENT 2012-2013
CITY OF CUPERTINO
44
10300 Torre Avenue
4 / f1,,
�st.'9ss Cupertino, 95014 (' _ CJ V
CUPERTINO NQ.
THIS AGREE ENT, made and entered into this 22 day of June, 2012 is by and between the CITY
OF CUPERTINO (Hereinafter "CITY") and Irene Aida Ortiz,
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Teach Zumba Gold classes. 1 class a week, 8 weeks per session.
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit 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 CONTRACTOR:
$30 per registered student per session. Minimum of 12 students per session or at teacher's
discretion. $25 Annual Administration Fee will be deducted at the first payment.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor 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
Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor 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. Contractor has been retained due to their unique skills and Contractor 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. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Page 1 of 4
Short Form Agreement
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor 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: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
Subrogation Waiver. Contractor 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, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor 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 seven (7)-day notice. The Contractor may terminate this Agreement with or
without cause with a seven (7)-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 Contractor. 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, Contractor shall be deemed to be an independent contractor and
Page 2 of 4
Short Form Agreement
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. 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 services are being performed by the contractor.
The Contractor 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 CO-ORDINATOR and representative for CITY shall be:
NAME: Teresa Fenq Mo DEPARTMENT: Cupertino Senior Center
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.
APPROVALS 11�,,�� EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD -G� C / DATE 7/4/12 _ACCOUNT NUMBER AMOUNT
110-6549-6316 $4,500
CITY C.ORNEY APP OVED S TO FORM DATE
1Z
CI CLERK: A ST 0 DATE
Page 3 of 4
Short Form Agreement
Exhibit A
1. City shall have no right of control as to the manner
Contractor performs the services to be performed, nor as to the
content of any artistic performance. Nevertheless, City may, at
any time, observe the manner in which the contractor is performing
such services.
2. The Contractor shall comply with all applicable Federal,
State, and local laws and ordinances including, but not limited
to, unemployment insurance benefits, FICA laws, the City business
license ordinance, and the provisions of federal law governing
copyright protection found in Title 17 of the U.S. Code.
3. The contractor shall not promote his/her business to
participants registered in the City's programs.
4. 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 or �.�
service to be performed by Contractor, City may cancel ....+ '
and withdraw from this Agreement.
Page 4 of 4
Short Form Agreement