16-001 Vasanthi BhatCITY OF
m
CUPERT INO
SHORT FORM AGREEMENT
(Less than $5,000)
CITY OF CUPERTINO
1030 0 Tone Avenue
Cupe11ino , CA 95014
408-777 -3200 NO . -------
This Agreement , made and entered into thi s 15TH day of APRIL, 20 15, (the "Effective Date ") is by and
between the City of Cupertino (hereinafter "City") and VASANTHI BHAT,
(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: HATHA YOGA INSTRUCTION Services are fu11her described in Exhibit "A".
B. TERM. The services and/or materials furnished und er this Agreement sha ll 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 sha ll pay Contractor a total
amount not to exceed THREE THOUSAND dollars ($30 00). Consisting of the following: 80% OF REVENUE
GENERATED, PER SESSION.
$25 Ann ual 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 I 0
cents a page .
D. EXHIBITS. The fo ll owing attached exhibits hereby are made pm1 of this Agreement:
X Exhibit "A"-Scope of Services
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall , to the fulle st extent allowed by law and without limitation of the provisions of
this Agreement re lated to insurance , with respect to all services perfom1ed in connection with the Agreement,
indemnify, defend , and hold harmless the City and its officers , officials , agents , employees 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 ,
emo tional , consequential or ot herwise , arising out, pertaining to, or related to the performance of this Agreement by
Contrac to r or Contra cto r 's emp loyees, officers , officia ls, agents or independ ent contractors. Such costs and
expenses sha ll include reasonable attorneys' fees of counse l of City's choice , expert fees and all ot her 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 uniqu e skills and Contractor may not substitute
another , assign or transfer any rights or obligations under this Agreeme nt. Unless prior written consent from City is
obtained, only those peo ple whose names are listed this Agreement shall be u sed in the perfom1ance of this
Agreement.
3. Assignment. Contractor may not ass ig n, tran sfer, or sub contract this Agreement or any portions thereof, without
prior writte n consent of Ci ty.
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 exc lu sion for sexua l abuse and
molestation, in the following minimum limits :
Bodily Injury : $500 ,000 each occunence; $1 ,000 ,000 aggregate -all oth er
Cit y of Cupertino~ Shon Fo nn Agreement -4/2015
Prope1iy 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 limit s 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 lo ss 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
recove1y. Contractor hereb y grants to City, on behalf of any insurer providing comprehensive general and
automotive liability insurance to either Contractor or City with re spect 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 manner required hereunder, Contractor shall be deemed in default in the perfonnance of this
Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set
faith 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 sha ll also ha ve 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 tem1ination , Contractor shall immediately di sco ntinue perfonnance .
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 ce1tifies that no one who has or wi ll have any financial interest
under this Agreement is an officer or emp lo yee of City. City shall have no right of control as to
the maimer Contractor perfonns the services to be perfonned. Neve1theless, 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 appropriate pennits, licenses , and certificates including but not
limited to a City business license, that may be required in co1mection with the perfonnance of
services under this Agreement.
10. Reports and Records. Each and every report, draft, work product, map , record and other
document, hereinafter collectively refeITed to as "Report", reproduced, prepared or caused to be
prepared by Contractor pursuant to or in cormection 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
City ofCupenino -Shon Fonn Agreement -412015
Agreement. Any Report , infonnation and data acquired or required by this Agreement shall
become the property of City, and all publication rights are reserved to City. Contractor may
retain a copy of any repo1i 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 piinciples 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 supp01iing documents , shall be kept separate from other documents
and records and shall be maintained for a peiiod 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 paiiies have executed this Agreement the day and year first w1itten above.
CONTRACTOR: CITY OF CUPERTINO:
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By: __ ~_~vv_ ---~~-..,...__ ____ _
Title:_--'(U?'"--=-=---Si1h=--·-c...:......>o'-'-.vi__.. <'zs ....... lf'-'-----
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
100-63-623-700-702 $3000
DATE
DATE
Cit y of Cupertino -Short Fonn Agreement -412 0 15
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide HATHA YOGA INSTRUCTION in but not limited to, the following
programs:
ONE , 1-HOUR CLASS PER WEEK
Location and Time of CONSULTANT Services:
Refer to the SENIOR CENTER NEWSLETTTER for agreed upon dates , times , and class locations . By
Mutual agreement of both parties, class schedule may change.
Eligible Participant Minimum and Maximums for CONSUL TANT Services:
Minimum: 6
Maximum: 12
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 1ight of control as to the maimer Consultant perfonns the services to be perfom1ed.
Neve1iheless, City may, at any time , observe the maimer in which such services are being perfo1med by the
consultant.
The Consultant shall follow all guidelines pe1iaining to registration procedures as listed in the qumierly
recreation schedule. Paiiicipants may not take part in the program unless they are listed on the class roster or
can show proof of enrollment. All pmiicipants and vo lunteers need to complete the City's Waiver of
Liability fonn prior to taking part in the program. Contractors are responsible for supervising minors after
class until a parent of legal guardian has anived.
In the event of an injury occuning to a participant, the Consultant will notify the City within 1 hour and
complete an Incident Report in the fonn approved by the City. The Incident Repo1i must be submitted to the
City within 24 hours of the injury occuning.
City of Cupe 11in o -Shm1 Form Ag reement -4'20 15