14-001 Connie Una Bartlett OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
TELEPHONE: (408)777-3223-FAX: (408)777-3366
C U P E RT I N® WEBSITE:www.cupeitino.org
July 7, 2014
Re: Agreement for consultant 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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA95014
408-77-7'-3.200. s �121
CUPERTINO NO
FY 14-15
S AGREEMENT, made and entered into this 2t"day of June is by and between the CITY OF
THIS —
CUPERTINO (Hereinafter "CITY") and
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: Adult
Dance Instruction
Check box if services are further described in an Exhibit.:
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,
2014 and shall be completed no.later than June `@ 2015.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
70% of resident fees - $5 administration fee per participant plus '/2 of drop in fees.
The.total compensation.under the Agreement is not to exceed $4,000.
The Cit will issue no more than three payments per quarter and, if needed, one final payment at
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the end of this.agreement to close the account'.
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 agaans
of them including any injury to or death of any person or damage to property or other liability
an y ,
of any nature; arising out of, pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees, officelirs, 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;
emp y 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 clue 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 assignor transfer this Agreement, without prior written.consent
of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements.
Coverage:
Contractor shall* maintain the following insurance coverage with the City as an additional
named insured:
(1) Workers' Compensation:
Statutory coverage as required by the State of California. Not required for sole
proprietors.
(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'i'n the amounts
Of $1,000,000 will be considered equivalent to-the required minimum limits
shown above.
(3) Automotive:
Comprehensive auto motive.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
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 thirty (30)-day notice. The Contractor 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 Contractor: It is understood and agreed that this Agreement is not a contract of'
employment and that Contractor is an independent contractor. At all times, Contractor shall be
deemed to be an independent contractor and 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.
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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: Karen Levy, Recreation Coordinator DEPARTMENT: Parks & 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.
CONTRACTOR: CITY OF CUPERTINO:
By:
By: Karen Lev
Title: Dance Instructor Title: Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
SENL EATION SUPERVISOR DAT ACCOUNT NUMBER AM NT
580-6449-7014 $4000.00
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CITY ATT NEY APPR VED AS TO:Fp,RM D T 401 /1 (/
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CITY DAT
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EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide instruction in, but not limited to, the following programs:.
Dance classes for adults including Belly Dancing and ABSolute Energy
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
If less than the required minimum number of participants enroll in and pay for a particular class as'
identified in the schedule before the class is scheduled to start, the City may cancel the particular
class and/or terminate this Agreement without_additional notice or payment to Consultant.
Performance of CONSULTANT Services:
City shall have no right of control as to the manner Consultant performs the services to be t ,
performed. Nevertheless, City may, at any time, observe the manner in whJch�such services are
being.performed by the consultant. J
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.
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