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16-001 Connie Una Bartlett CITY OF SHORT FORM AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA95014 eu�E�-rinao 408-777-3200 NO. L-2,�� '��", � This Agreement,made and entered into this 30th day of August,2016,(the"Effective Date")is by and between the City of Cupertnio (hereinafter"City")and Connie Una Bartlett (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: Adult Dance Instruction Services are further described in Exhibit"A". B. TERIVI. The services and/or materials furnished under this Agreement shall conunence on August 30,2016 and shall be completed no later than June 30,2017. C. COMPENSATION. For the full perfoi-�nance of this Agreement, CITY shall pay Contractor a total amount not to exceed twenty-five hundred dollars($2500.00). Consisting of the following: 70%of resident fees-$5 administration fee per participant. D. EXHIBITS. The following attached exhibits hereby are inade part of tlus Agreement: ,.�xhibit"A"- Scope of Services ❑Exhibit"B"-Acknowledgement of Mandated Reporting Requirements,Receipt of Training, and Receipt of Penal Code Statutes Exhibits"B"and"C"are for anyone working with minors ❑Exhibit"C"-City of Cupertuio,Consultant Declaration GENERAL TERl��S AND CONDITIONS 1. Hold Harmless. Contractor shall, to the fullest extent allo�ved by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services performed in comiection with the Agreement, indenmify, 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 then7,including any injury to or death of any person or damage to property ar other liability of any nature, whether physical, emotional, consequential or otherwise, arising out,pertaining to, or related to the perfonilance 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 indenmification. The provisions of this Section survive the completion of the Seivices or termination of this Contract. 2. Subcontractin�. Contractor has been retained due to tl�eir unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Ui�less prior written consent from City is obtained, only those people whose names are listed on this Agreement shall be used in the performance of fliis Agreement. 3. Assignment. Contractor may not assign, transfer, or subcontract this Agreen7ent 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 nanled insured, and provide a Certificate of Insurance and Additional Insured Endorseinent consistent with the followuig requirements: (a)Workers' Compensation: Statutoiy coverage as required by the State of Califoniia. (b)Liability: Commercial general liability coverage, including sexual abuse and molestation coverage, in flie following minimum limits: Bodily Injury: $SOO,OOOeach occurrence; $1,000,OOOaggregate-all other Property Damage: $100,000 each occurrence; $250,000 aggregate If submitted,combined single limit policy with aggregate limits in the ainounts of$1,000,000 will be considered equivalent to the required tninimum liinits shown above. (c)Automotive: Comprehensive automotive liability coverage in the follo��ing minimum linuts: k Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence 5.Subrogation«'aiver.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. Contractar hereby grants to City, on behalf of any insurer providing comprehensive general and autonlotive liabiliry insurance to eitl�er Contractor or City with respect to the services of Contractor hereui, 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 AEreement. In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractar 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 forth in City's written norice of default, and in addition to any other remedy available to the City by law, the City Manager may terniinate the Agreement by giving Contractar 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 ternui7ation,Contractor shall iminediately discontinue performance. 7. Non-Discrimination. Contractor shall not discrin7inate against a job applicant, enlployee, City enlployee, or a citizen on the basis of race, colar, 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 tlus Agreement. Contractar 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 maimer Contractor perfonns the services to be perfoimed. Nevertheless, City may, at any time, oUserve the mamier in which such services are being perfornled by the contractor. Contractor shall comply with all applicable Federal, State, and local la���s and ordinances including, but not liulited to, unemployment insurance benefits,FICA laws, and fl�e City business license ordinance. 9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maiutain during the term of this Agreenlent, all appropriate pernlits,licenses, and certificates including but not limited to a City business license,that may be required in connection with the perforniance 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. Contractar shall not copyright any Report required by this Agreenzent and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, infonnation and data acquired or required by this Agreeinent shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report fuinished 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 Ciry that relate to the perforniance of seivices under this Agreement, in sufficient detail to pernut an evaluation of services. All such records shall be maiutained 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 there from as necessary, and to allow inspection of all ���ork, data, documents,proceedings and activities related to this Agreernent. Such records,together with supporting docun7ents, shall be kept separate from other documents and recards 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: Karen Levy, Recreation and Conununity Services In witness thereof,the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTII�TO: , �7` �_ By: `.i�� <<---- By: Karen Lew,:��' ` Tide: Dance Instructor Title: Recreation Coordinator APPROVALS EXPENDITURE DISTRIBUTION RECREATI ANAGER DATE � ACCOUNT NUlVIBER � AMOUNT � � � �._�,� _� ,� 580-63-620 700-702 $Zsoo.00 "�� CIT A T RNEY APPROVED AS TO FORM DATE ,���-�C - `�(�I ( b CITY ,LERK: ATTEST DATE C�/��, :.�.�.�► � �j�.�.�� . � i EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSiTLTANT will provide instruction in,Uut not limited to,the follo«�ing programs: Adult Belly Dancing Location and Time of CONSULTANT Services: Refer to the Recreation Schedule for a�reed upon dates,times, and class locations. By Mutual agreement of both parties, class schedule may change. Eligible Participant Minimum and Maximums for CONSULTANT Services: Miiumum: 5 Maximum: 20 If less than the required nui�llum iZui�ber of participants enroll ui and pay for a particular class as identified in the schedule Uefore the class is scheduled to start,the City may cancel the particular class and/or ternunate this Agreement without additional notice or payment to Consultant. Performance of CONSiTLTANT Services: City shall have no right of control as to the mamler Consultant perfonns the services to be perfornied. Nevertheless, City may, at any time, observe the manner in which such services are being perfonned by the consultant. The Consultant shall follow all guidelines pertaining to regisn-ation procedures as listed in the quarterly recreation schedule. Participants rnay not take part in the program unless they are listed on the class roster or can show proof of enrollinent. All participants and volunteers need to complete the City's Waiver of Liability fornl prior to taking part in the program. Contractors are responsible for supeivising nunors after class until a parent of legal b ardian has arrived. Iu the event of an injury occurring to a participant, the Consultant will notify the City witlun 1 hour and complete an Incident Report in the fornl approved by the City. The I�Zcident Report must be subnutted to the City within 24 hours of the injury occun-ing.