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13-001 American Slavic Center of Education and ArtsJanuary 2, 2014 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 American Slavic Center for Education and Arts Re: First 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 info:rmation, please contact the Parks and Recreation department at 408 - 777 - 3120. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Parks & Recreation Z65 No: 58209 FY 13 -14 . FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND AMERICAN SLAVIC CENTER FOR EDUCATION AND ARTS FOR CONTRACT SERVICES This First Amendment to the Agreement between the City of Cupertino and American Slavic Center for Education and Arts, for reference dated December 6, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City ") and AMERICAN SLAVIC CENTER FOR EDUCATION AND ARTS, a California'corporation, whose address is following: RECITALS: A. On August 29, 2013, the City and Contractor entered into an Agreement (collectively, the Agreement and First Amendment are hereafter referred to as "Agreement "); and . B. 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 l .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: 70% of resident fees minus $10 administrative fee per participant. The total compensation under the Agreement is not to exceed the following: $4,500.00 (total), consisting of $2,000.00 for the term of July 1, 2013 to December 3.1, 2013; and $2,500.00 for the term of January 1, 2014 to June 30, 2014; and 3. On or_before the term of this First Amendment, Contractor shall provide the City with a certificate of insurance and additional insured endorsement demonstrating Contractor's ongoing compliance with the Agreeirtent'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's remains accurate and current. 5. Except as expressly modified herein, all other terms, covenants and conditions 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. AMERICAN SLAVIC CENTER FOR EDUCATION AND ARTS CITY OF CUPERTINO A Municipal Corporation Date: Z2 Title: Recreation Coordinator J C MMENDED FOR APPROVAL: Recreation Supervisor Date: 11 / 7/3 APPROVED AS TO FORM: t"j � City Attorney Date: \2 k(J '• 1 ) ATT ST: a City Clerk Date: �.-- 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 CUPERTINO September 4, 2013 American Slavic Center of Education and Arts 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, Dorothy Ste Ott Senior Office Assistant Enclosure cc: Parks & Recreation CITY OF CUPERTINO VV V AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408 - 777 - 3.200 NO.�� FY 13 -14 THIS AGREEMENT'; made and entered into this 29th day of August, 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY ") and American Slavic Center of Education and Arts whose address is (Hereinafter "CONSULTANT "), in consideration of their mutual covenants, the parties agree as follows: CONSULTANT shall provide or furnish the following specified services and /or materials: Russian and Prenatal Language classes Check box if services are further described in an Exhibit. I EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibits A, B and C. TERM: The services and /or materials furnished under this Agreement shall commence on September 7, 2013 and shall be completed no later than December 31, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: 70% of resident fee for each enrolled student, based on the final class roster, 'minus a $10.00 administrative fee per student. Payment will be issued one week following the completion of each class. Compensation will not exceed $2,000.00 for the term of September 7, 2013 — December 31, 2013 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. 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: $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: Proof of automobile insurance required at the California statutory minimums 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 FedE�ral, 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: Dave Jahns 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. CONS U TANT: h�.Z`i C�i ti �'�� ✓, ' &�� By title Oti APPROVALS CITY OF CUPERTINO_: By � Title: Qec(eCV0A C0Q11U.' -1-k41 FXPI;=mn1TIIR1= IIISTRIRtJTION A T ENT HEAD J p' _ _ 13 (' 5130- 6349 -7014 $2,000.00 CITY ATTPRNEY APPRO ED AS O FORM DATE &j CITY CLERK: ATTEST DATE EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide instruction of Russian and prenatal music in, but not limited to, the following programs: Russian Language Prenatal Language & Music Location and Time of CONSULTANT Services: Saturdays, 9/7/13 — 11/16/13, 9:OOam — 12:30pm, Quinlan Community Center By Mutual agreement of both parties, class schedule may change. Eligible Participant Minimum and Maximums for CONSULTANT Services: Minimum: 3 Maximum: 10 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 time, 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. 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. EXHIBIT B ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS, RECEIPT OF TRAINING, AND RECEIPT OF PENAL CODES STATUTES A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and neglect. In general, any individual who, in the ordinary course of their employment, has contact with children is a mandated reporter. Mandated reporters include child care workers, teachers and coaches. (Cal ifornia Penal Code 11165.7). If your job duties as an employee or an independent contractor of American Slavic Center of Education and Arts include contact with children, you are a Mandated Reporter. Prior to commencing employment and as a prerequisite of that employment, California law requires that you sign a statement to the effect that you have knowledge of the provisions of the Mandated Reporter Law, and will comply with those provisions. (California Penal Code 11166.5). The following are the Mandated Reporter responsibilities under California law. You are also being provided with a separate informational document which includes the text of the California Mandated Reporter Law and contact information for Child Abuse and Neglect Reporting for the County of Santa Clara. Please review this information carefully and acknowledge your receipt and understanding where indicated. If you have questions or concerns about this form or your Mandated Reporter responsibilities, please contact the Recreation Supervisor at 408 - 777 -3120. I understand that: By virtue of my employment or independent contractor status as American Slavic Center of Education and Arts and because my employment requires me to have contact with children, I am a Mandated Reporter as defined by California Penal Code 11165.7. The following situations trigger mandatory reports: a) Physical Abuse (willful harming of a child); b) Sexual abuse including sexual assault, child exploitation, pornography, and trafficking; c) Severe or General Neglect; and d) Extreme Corporal Punishment (resulting in injury). (Cal. Pen. Code 11165 et. seq.) I further understand that I may, but am not required to, report suspected Emotional Abuse. • If I reasonably suspect that a child is being abused, I must immediately make a telephone report. I must follow up with a written report within 36 hours. This report may be made to local law enforcement, or County Sheriff's Department, Probation Department or Child Welfare Agency. (Cal Pen. Code 11166(a)). • I am not required to, but I may, share information about suspected abuse with my supervisor or management or the parents of the alleged victim. • When I make a mandated report, I will be required to give my name. However, my identity will be kept confidential unless I either consent to disclosure or if the disclosure is made pursuant to a court order. Further, agencies investigating the mandated report may disclose my identity to one another. (Cal Pen. Code 11167(d)). • The following agencies and individuals receiving or investigating mandated reports may disclose my identity to one another: o Prosecutors in a criminal prosecuting or in an action initiated under section 602 of the Welfare and Institutions Code arising from alleged child abuse; o Counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare and Institutions Code; o A licensing agency when abuse or neglect in out -of -home care is reasonably suspected. (Cal Pen. Code 11167.5) I may not be disciplined, dismissed, retaliated against, discriminated against or harassed for making a mandated report of reasonably suspected child abuse. • As a Mandated Reporter, I have civil and criminal immunity when making a report (Cal Pen. Code 11172). • As a Mandated Reporter, it is a misdemeanor to fail to comply with Mandated Reporting laws and I can be held criminally liable for failing to report suspected abuse. The penalty for this is up to six months in County jail, a fine of not more than $1000, or both. I further understand I could be civilly liable for failure to report. (Cal. Pen. Code 11166(c)). I have been provided with a copy of California Penal Code sections 11164 - 11174.3 (Mandated Reporter Law). I understand that I am a legally Mandated Reporter. I am aware of and understand my responsibilities under the Mandated Reporter laws of this state and am willing and able to comply. I understand that a copy of this Acknowledgement will be kept in my personnel file. 201 3 Name (Signature Date za /-- vs4" yrs� Name (Print) EXHIBIT C City of Cupertino Consultant Declaration The undersigned does hereby certify that: I am a representative of American Slavic Center of Education and Arts that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that American Slavic Center of Education and Arts has complied with fingerprinting and criminal background investigation requirements with respect to all Consultant's employees who may have contact with minors in the course of providing services pursuant to the Agreement, and the California Department of .Justice has determined that none of those employees has been convicted of a felony, as that term is defined in California Penal Code Section 11105.3. 3. That a complete and accurate list of Consultant's employees, who may come in contact with minors during the course and scope of the Agreement, are included below. 4. All of the below mentioned employees have tested negative for TB, or X -ray results for TB, and have current documentation on file with Consultant. All of the below mentioned employees have received training and understand their responsibilities under the Mandated Reporter laws of this state and are willing and able to comply. List of Consultant's employees assigned to perform sere' es under this agreement: 6. Consultant agrees to complete background check, TB testing and mandated reporter training and notify City in writing in advance of assigning any new employees to perform services under this agreement. I declare under penalty of perjury that the foregoing is tree and correct: Date Place Consultant Signature Staff Title: � o � � �� � J 141 to