16-001 Kenneth YoungCITY OF
rl SHORT FORM AGREEMENT
CUPERTINO
(Less than $5,000)
CITY OF CUPERTINO
10 300 Tone Avenue
Cupertino , CA 95014
408-777-3200 NO. -------
This Agreement, made and entered into this 15 1" day of APRIL, 2016 , (the "Effective Date") is by and between
the City of C upertino (hereinafter "City") and KENNETH YOUNG
(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: FILM APPRECIATION CLASS 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 performance of this Agreement, CITY shall pay Contractor a total
amount not to exceed FOUR THOUSAND NINE HUNDRED dollars ($4900). Consisting of the following:80% OF
REVENUE GENERATED PER SESSION
$2 5 Annual Administration Fee wi ll 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:
.X 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 , emp loyees and vo lunteers 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, consequentia l or othenvise, arising out, pertaining to , or related to the pe1fornrnnce of this Agreement by
Contractor or Contractor's employees , officers , officials , agents or independent contractors. Such costs and
expenses sha ll include reasonable attorneys' fees of counsel of City's cho ice, expert fees and all other costs and fees
of li tigation. 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 sub stitute
another, assign or transfer any rights or ob li gations und er this Agreement. Unless prior wr itten consent from City is
obtained, only tho se peop le wh ose names are listed this Agreement sha ll be used in the performance of this
Agreement.
3. Assignment. Contractor may not assign , transfer, or subcon tract this Agreement or any portions thereof, without
prior written consent of C ity.
4. Insurance. Contractor shall maintai n 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 Californi a .
(b) Liability: Commercia l general liability coverage, without an exclusion for sexual abuse and
molestation, in the following minimum limits :
Bodily Injury:
Property Damage:
City of Cupertino -Short Fonn Agreement -4/2015
$500 ,000 each occunence; $1,000 ,000 aggregate -all other
$100 ,000 each occunence; $2 50 ,000 aggregate
If submitted, combined single limit policy w ith aggregate limits in the amounts of $1,000 ,000 will be
considered equivalent to the required minimum limits shown above.
(c) Automotive: Comprehensive automoti ve liability coverage in the following minimum limits:
Bodily Injury: $500 ,000 each occurrence
Prop erty 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 ha s agreed to
pro vide comprehensive general and automotive li ability insurance, Contractor shall look solely to its in surance for
recovery. Contractor hereby grants to City, on behalf of any insurer pro vi ding co mprehen sive general and
automotive liability insurance to either Contractor or City with resp ec t to the services of Contractor herein , a waiver
of any right to subrogation which any such insurer of said Contractor ma y acquire against City by v irtue of the
payment of any los s under such insurance.
6. Termination of Agreement. In the event Contractor fails or refuses to perfonn any of the prov isions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in defa ult in the performance of this
Agreement. If Contractor fails to cure the defa ult w ithin the time specified and according to the requirements se t
forth in City's written no tice of default , and in addition to any other remedy ava ilable to the City by la w , the City
Manager ma y 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 tenninating
this Agreement by giving seven (7) calendar days' prior written notice to Contractor as pro vid ed herein . Upon
receipt of any notic e of tem1ination, Contractor shall immediate ly di sco ntinue performance.
7. Non-Discrimination. Contractor shall not disc1iminate 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 authorized to bind the City to any contracts or other obligations in executing
this Agreement. Contractor ce1tifies 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 mam1er Contractor perfonns the services to be perfonned . Nevertheless, City may, at any
time, observe the manner 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 dming
the tenn of this Agreement, all approp1iate pennits , licenses , and ce1iificates including but not
limited to a City business license , that may be required in com1ection with the perfonnance of
services under this Agreement.
10. Reports and Records. Each and every repmi, 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
prope1ty of City. Contractor shall not copyright any Report required by this Agreement and shall
execute appropriate documents to assign to City the copytight to Reports created pursuant to this
Agreement. Any Repmi, infonnation and data acquired or required by this Agreement shall
C it y of Cu pert ino -Short Fonn Agreement -4'20 15
become the prope1iy of City, and all publication rights are reserved to City. Contractor may
retain a copy of any rep01i 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 infomrntion 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 transc1ipts therefrom as necessary, and to allow
inspection of all work , data, documents , proceedings and activities related to this Agreement.
Such records , together with suppo1iing 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 vaiiations of any kind are autho1ized without the written consent of
the City.
CONTRACT CO-ORD INA TOR 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:
~ ~
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
100-62-623-700-702 $4900
DATE
City of Cupertino -Short Fonn Agreement -4120 15
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORlVIED
The CONSULTANT will provide FILM APPRECIATION INSTRUCTION in, but not limited to, the
following programs:
ONE 2.5-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 paiiies, class schedule may change.
Eligible Participant Minimum and Maximums for CONSULT ANT Services:
Minimum: 10
Maximum: 25
If less than the required minimum number of participants 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 paiiicular class and /or tem1inate
this Agreement without additional notice or payment to Consultant.
Performance of CONSULT ANT Services:
City shall have no iight of control as to the manner Consultant perfonns the services to be perfonned .
Neve1iheless , City may, at any time, observe the manner in which such services are being perfonned by the
consultant.
The Consultant shall follow all guidelines pe1iaining 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 fonn prior to taking paii in the program. Contractors are responsible for supervising minors after
class until a parent of legal guardian has aniv ed.
In the event of an injury occmTing to a participant, the Consultant will notify the City within 1 hour and
complete an Incident Repo1i in the fonn approved by the City. The Incident Repmi must be submitted to the
City within 24 hours of the injury occurring .
City of Cupen ino -Shon Fom1 Agreemen t -4/2015