16-001 Chao Yong ChenCITY OF
a
CUPERTINO
SHORT FORM AGREEMENT
CITY OF CUPERTINO
10300 ToITe Avenue
Cupertino, CA95014
408-777-3200 NO.
This Agreement, made and entered into this 13th day of June, 2016, (the "Effective Date") is by and between
the City of Cupertino (hereinafter "City'') and Chao Yong Chen
(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: Fitness Instmction Services are further described in Exhibit "A".
B . TERlVI. 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 forty-five hundred dollars ($4500.00). Consisting of the following: $39 per 60 minute class
D . EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
~xhibit "A"-Scope of Services
DExhibit "B"-Acknowledgement of Mandated Reporting Requirements, Re ce ipt of Training , and Receipt of Penal
Code Statutes Exhibits "B" and "C" are for anyone working with minors
DExhibit "C"-City of Cupertino , Consultant Declaration
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall, to the fullest extent allowed by la w 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 hamiless the City and its officers, officials, agents, employees an d 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 perfomiance 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 ind emnification.
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 on 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 'Nritten consent of City.
4. Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named
insured, and provide a Ce1iificate of Insurance and Additional Insured Endorsement consistent wit h the following
requirements:
(a)Workers' Compensation: Statutory coverage as required by the State of California.
(b )Liability: Commercial genera l liability coverage, including sexual abuse and molestation coverage, in
the following minimum limits:
Bodily Injury: $500,000each occmTence; $1,000,000aggregate -all other
Property Damage: $100,000 each occuITence; $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 occmTence
City of Cupertino -Shon Form Agreement -4/20 15
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
5. Subrogation \Vaiver. Contractor agrees that in the event ofloss 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
reco very. Contractor hereby grants to City, on behalf of any insurer pro vi ding 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 tenninating
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 perfom1ance.
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 perfom1ed. Nevertheless, City may, at any time,
observe the manner in which such services are being perfom1ed 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 pennits, licenses, and certificates including but not limited to a City business license, that
may be required in connection with the perfom1ance of services under this Agreement.
10. Reports and Records. Each and every repoti, 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
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 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 suppotiing
documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3)
yea rs after Contractor receives final payment from City for all services required under this agreement.
City ofCupenino-Sho rt Form Agree meat -4120 15
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: Karen Levy, Recreation and Community
Services
In witness thereof, the parties have executed this Agreement the day and year first written above .
CONTRACTOR:
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APPROVALS
ORNEY APPROVED (llft-017 ft
DATE
City of Cupertino-Shon Fonn Agreement -4 '2015
CITY OF CUPERTINO:
By: KarenLevy ~
Title: Recreation Coordinator
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
580-63-620 700-702
AMOUNT
$4500.00
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide instruction in, but not limited to, the following programs:
Dance for fun
Location and Time of CONSULTANT Services:
Refer to the 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 paiiicular cla ss as identified in the
schedule before the class is scheduled to staii, the City may cancel the paiiicular 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 maimer Consultant perfonns the services to be perfo1111ed. Neve1iheless ,
City may, at any time, observe the manner in which such services are being perfo1111ed by the consultant.
The Consultant shall follow a ll guidelines pertaining to registration procedures as listed in the quarterly recreation
schedule. Paiiicipants may not take paii in the program unless they are listed on the class roster or can show proof of
emollment. All paiiicipants and vo lunteers need to complete the City's Waiver of Liability fonn prior to taking part in
the program. Contractors are responsi ble for supervising minors after class until a parent of legal guardian has alTive d.
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 occmTing.
City of Cupert ino -Short Fonn Agreement -4120 15