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16-001 Carl JechCITY OF a SHORT FORM AGREEMENT CUPERTINO (Less than $5,000) CITY OF CUPERTINO 10300 TotTe Avenue Cupertino , CA 95014 408-777-3200 NO. ------- This Agreement, made and entered into this 15TH day of APRIL, 2016 , (the "Effective Date") is by and between the City of Cupertino (hereinafter "City") and CARL JECH 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: HUMANITIES CLASSES Services are further described in Exhibit "A". B . TERM. The services and/or materials furnished under this Agreement shall commence on JULY 1, 2016 and shall be completed no later than JUNE 30 , 2017. C. COMPENSATION. For the full perfonnance of this Agreement , CITY shall pay Contractor a total amount not to exceed THREE THOUSAND dollars ($3000). Consisting of the following : 87 .5% OF REVEl\TUE GENERATED , PER SESSION $25 Ammal Administration Fee will be deducted from the first payment. The contractor shall pro vide 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: X Exhibit "A" -Scope of Services GENERAL TERl\1S AND CONDITIONS 1. Hold Harmless. Contra ctor shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to in surance , with respect to all services perforn1ed in connection with the Agreement , ind emnify, defend , and hold hannless 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 ternlination of this Contract. 2. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any ri ghts or obligations under tlli s Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the perfonnance 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 : Property Damage: Cit y of Cupert ino -Shon Fonn Agreement -4/20 15 $500 ,000 each occurrence; $1 ,000 ,000 aggregate -all other $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 . (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 \Vaiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automoti ve 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 perfom1 any of the provisions hereof at the time and in the maimer required hereunder, Contractor shall be deemed in default in the perfo1mance 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 iimnediately. The City Mana ger 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 an y 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 01igin , 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 auth01ized to bind the City to any contracts or other obligations in executing this Agreement. Contractor ce1iifies 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 maimer Contractor perfonns the services to be perfonned. Neve1iheless, City may, at any time, observe the maimer in which such services are being perfonned 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 tenn of this Agreement, all appropriate pennits, licenses , and ce1iificates including but not limited to a City business license, that may be required in c01mection with the perfonnance of services under this Agreement. 10. Reports and Records. Each and every repo1i, 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 co1mection with this Agreement, shall be the exclusive prope1iy of City. Contractor shall not copyright any Repo1i required by this Agreement and shall execute appropriate documents to assign to City the copyright to Repo1is created pursuant to this Agreement. Any Report , infonnation and data acquired or required by this Agreement shall Cit y of Cupert ino -Shon Fa nn Ag reement -4'20 15 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 infonnation required by City that relate to the perfonnance of services under this Agreement, in sufficient detail to pennit 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 tlu·ee (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: Title: I f/i.i..w.-t1.-V1>+.-~~ .L1-irf.-l-\t+,,.v Tax I.D:. ~ r' By: ' . .- Title: ~~'i,uV APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT 100-63-623-700-702 $3000 CITY A DATE :? ? I City of Cupen ino -Shon Fonn Agreemen t -412 0 15 EXHIBIT A CONSULT ANT SERVICES TO BE PERFORMED The CONSULTANT will provide HUMANITIES CLASSES in, but not limited to, the following programs: ONE , 2-HOUR CLASS PER WEEK Location and Time of CONSULT ANT Services: Refer to the SENIOR CENTER NEWSLETTER for agreed upon dates, times , and class locations. By Mutual agreement of both pmiies, class schedule may change. Eligible Participant Minimum and Maximums for CONSULT ANT Services: Minimum: 10 Maximum: 20 If less than the required minimum number of paiiicipants enroll in and pay for a paiiicular class as identified in the schedule before the class is scheduled to staii, the City may cancel the particular class and/or tenninate this Agreement without additional notice or payment to Consultant. Performance of CONSULTANT Services: City shall have no right of control as to the maimer Consultant perfom1s the services to be perfonned. Nevertheless , City may, at any time, observe the maimer in which such services are being performed by the consultant. The Consultant shall follow all guidelines pe1iaining to registration procedures as listed in the qumierly 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 fonn p1ior to taking pmi in th e program. Contractors are responsible for supervising minors after class until a parent of legal guardian has an-ived. In the event of an injury occuning to a paiiicipant, the Consultant will notify the City within 1 hour and complete an Incident Report in the fonn approved by the City. The Incident Rep01i must be submitted to the City within 24 hours of the injury occurring. City of Cupe11ino -Shon Form Agreement -4 10 15 ..