15-001 David Lew CITY OF
SHORT FORM AGREEMENT
(Less than$5,000)
CITY OF CUPERTINO ✓
10300 Torre Avenue
CUPERTINO Cupertino,CA 95014 r
408-777-3200 NO. ( L — I d
This Agreement,made and entered into this 9TH day of APRIL,2015,(the"Effective Date")is by and
between the City of Cupertino(hereinafter"City")and DAVID LEW
(hereinafter"Contractor"),in consideration of their mutual covenants,the parties agree as
follows:
A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or
materials:BALLROOM DANCE CLASSES Services are further described in Exhibit"A".
B. TERM. The services and/or materials furnished under this Agreement shall commence on JULY 1,2015
and shall be completed no later than JUNE 30,2016.
C. COMPENSATION. For the full performance of this Agreement,CITY shall pay Contractor a total
amount not to exceed THREE THOUSAND dollars($3000). Consisting of the following: 85%OF REVENUE
GENERATED PER SESSION,LESS ONE(1)$25 ADMINISTRATIVE FEE. $25 Annual Administration Fee will
be deducted from the first payment.The contractor shall provide all teaching supplies,such as,but not limited to,
dry erase markers,erasers,and handouts. Copy service at the senior center is 10 cents a page.
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
❑Exhibit"A"-Scope of Services
GENERAL TERMS AND CONDITIONS
1.Hold Harmless. Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of
this Agreement related to insurance, with respect to all services performed in connection with the Agreement,
indemnify, defend,and hold harmless the City and its officers, officials, agents,employees and volunteers from and
against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature, whether physical,
emotional, consequential or otherwise, arising out,pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors. 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. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or termination of this Contract.
2. 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.
3.Assignment. Contractor may not assign,transfer,or subcontract this Agreement or any portions thereof,without
prior written consent of City.
4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named
insured, and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the following
requirements:
(a)Workers'Compensation: Statutory coverage as required by the State of California.
(b)Liability: Commercial general liability coverage,without an exclusion for sexual abuse and
molestation, 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
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City of Cupertino—Short Form Agreement—4/2015
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.
(c)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
5.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.
6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this
Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set
forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City
Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective
immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon
receipt of any notice of termination,Contractor shall immediately discontinue performance.
7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee,
City employee, or a citizen on the basis of race, color, national origin, ancestry, religion, gender,
sexual orientation or other protected class of such person.
8. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment and, 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.
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.
9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses, and certificates including but not
limited to a City business license, that may be required in connection with the performance of
services under this Agreement.
10. Reports and Records. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be
prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive
property of City. Contractor shall not copyright any Report required by this Agreement and shall
execute appropriate documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this Agreement shall
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City of Cupertino—Short Form Agreement—4/2015
become the property of City, and all publication rights are reserved to City. Contractor may
retain a copy of any report furnished to the City pursuant to this Agreement.
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses,
receipts and other such information required by City that relate to the performance of services
under this Agreement, in sufficient detail to permit an evaluation of services. All such records
shall be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. Contractor shall provide free access to such books and
records to the representatives of City or its designees at all proper times, and gives City the right
to examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of three (3) years after Contractor receives final
payment from City for all services required under this agreement.
11. 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: ALEX CORBALIS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT
In witness thereof, the parties have executed this Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTINO:
By: By:
Title: �.4lit/�
Tax I.D:.
APPROVALS
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
100-64-624-700-702 $3000 i
CITYTO PRO ED AS TO FORM DATE
CITY CLERK: AT ` DATE
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EXHIBIT A `
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide BALLROOM DANCE CLASSES in, but not limited to, the
following programs:
ONE 2-HOUR CLASS PER WEEK
Location and Time of CONSULTANT Services:
Refer to the SENIOR CENTER NEWSLETTER 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: 10
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 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 Incident Report in the form approved by the City. The Incident Report must be submitted.to the
City within 24 hours of the injury occurring.
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