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17-001 Miki Bousso CITY OF SHORT FORM AGREEMENT CITY OF CUPERTII�TO 10300 Torre Avenue Cupertino,CA9�014 C U P E�tT f rt 0 408-777-3200 NO. ��"'��1 This Agreement,made and entered into this l lth day of January,2017,(the"Effective Date") is by and between the City of Cupertino (hereinafter"City") and Miki Bousso (hereinafter"Contractor"),in consideration of their mutual covenauts,the parties agree as follo«�s: A. SCOPE OF SERVICES. Contractor shall provide or funush the following specified services and/or materials: Adult Fitness Instruction Sen-ices are further described in Exhibit"A". B. TERl�'I.The services and/or materials furnished under tlus Agreeinent shall commence on January 12, 2017 and shall be completed no later than June 30,2017. C. COP'IPENSATION. For the full perforn7ance of this Agreement,CITY shall pay Contractor a total amount not to exceed one thousand dollars($1000.00). Consisting of the following: 70% of resident fees-$5 adnunistration fee per participant plus %z of drop in fees. D. EXHIBITS. The follo��ing attached exhibits hereby are made part of this Agreement: �E�ibit"A"- Scope of Services ❑Exhibit`B"-Ackno��ledgement of Mandated Reporting Requirements,Receipt of Trainuig,and Receipt of Penal Code Statutes Exlubits"B"and"C"are for anyone working��ith minors ❑Exhibit"C"-City of Cupertino,Consultant Declaration GENERAL TERI�ZS AND CO�7DITIONS 1. Hold Harmless. Contractor shall, to the fullest extent allo��ed by la��and«�ithout limitation of the provisions of tlus Agreement related to insurance, «�ith respect to all services perfornled in comlection with the Agreement, indenuufy, 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�vhatsoever against any of them, ulcluding any injury to or death of any person or dama�e to property or other liability of any nature, «�hether physical, emotional, consequential or other��ise, 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 ��aiver of the right of indenuufication. The provisions of tlus Section survive the completion of the Services or ternunation of this Contract. 2. Subcont►•acting. 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«�-itten consent from City is obtained, only those people whose names are listed on this Agreement shall be used in the performance of tlus Agreement. 3. Assignmeut. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, ��ithout prior��ritten consent of City. 4. Insurance. Cont�actor shall maintain the following insurance coverage, with the Ciry as an additional nained insured, and provide a Certificate of Insurance and Additional Insured Endorseinent consistent ��ith the follo��ing requirements: (a)�'�'orkers'Compensation: Statutory coverage as required by the State of Califoinia. (b)Liability: Coirunercial general liability coverage,��ithout an exclusion for sexual abuse and molestation, in the follo��ing minimum limits: Bodily Injury: $SOO,OOOeach occurrence; $1,000,OOOa�gregate-all other Property Damage: $100;000 each occuiYence; $250,000 aggreaate If submitted,combuied sin�le limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required nunimum limits sho��n above. (c)Automotive: Comprehensive automotive liability coverage in tl�e following minimum linuts: Bodily Injury: �500,000 each occurrence Properry Damage: $100,000 each occurrence or Combined Single Liulit: $500;000 each occuirence �. SubroQation�'4'aiver.Contractor agrees that ui the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Coutractor 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 seivices 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 Agreemeut. In the event Contractor fails ar refuses to perforni any of the provisions hereof at the time and in the maimer required hereunder, Contractor shall be deemed in default in the perforniance of this Agreement If Contractor fails to cure the default i��ithin the time specified and accord'ulg to the requirements set forth in City's ��ritten notice of default, and in addition to any other remedy available to the City by law, the City Manager may ternlinate the Agreement by giving Contractor ��7itten notice thereof, ��luch shall be effective inunediately. The City Manager shall also have the option, at its sole discretion and ��ithout cause, of ternlinatuig - tlus Agreement by giving seven (7) calendar days' prior ��ritten notice to Contractor as provided hereui. Upon receipt of any notice of teniluiation, Contractor shall immediately discontinue perfonllance. 7. '�'on-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, Qender, 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 oUlitrations in executuig this A�reement. Contractor certifies that no one ��ho has or will have any financial interest under this Agreement is an officer or employee of Ciry. City shall have no right of control as to the maiuler Contractor perfornls the services to be performed. I�Tevertheless, City may, at any time, observe the maimer in��hich such services are bein�performed by the contractor. Contractor shall coinply with all a�plicable Federal, State, and local laws and ordinances including, but not limited to; uneinployn7ent insurance benefits,FICA laws,and the City business license ordinance. 9. Permits and Licenses. Contractor, at lus/her o��n e�pense, shall obtaui and maintain during the tei7n of this Agreement, all appropriate pennits,licenses,and certificates ulcludulg but not limited to a City business license,that may be required ui connection��ith the perfonnance of services under this Aereeinent. 10. Renorts and Records. Each and every report, draft; work product,map,record and other document,hereinafter collectively refen•ed to as "Report", reproduced, prepared or caused to be prepared by Contractar pursuant to or in connection��ith 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 Ciry the copyright to Reports created pursuant to this Agreement. Aily Report, inforniation and data acqun•ed or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retaui a copy of any report furnished to the City pursuaut to this Agreement. Contractor shall maintain complete and accurate records ��ith respect to sales, costs, expenses, receipts and other such infoi�nation required by City that relate to the perfornlance of seivices under tlus Agreement, in sufficient detail to peimit an evaluation of services. All such records shall be maintained in accordance ��ith generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to die representatives of City or its desigilees at all proper times,and gives City the riQht to examine and audit same,and to make transcripts therefr-om as necessary,and to allow inspection of all work, data, documents, proceedin;s and activities related to tlus Agreement. Such records, together with supportui� 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 fi-om City for all seivices required under this agreement. 11. Changes. No changes or variations of any kind are authorized without the��ritten consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Karen Levy, Recreation and Conuilunity Services In witness thereof,the parties have executed tlus Agreement the day and year fu•st written above. CONTRACTOR: CITY OF CUPERT�'O: BY� � J��"�`� By: Karen Lew -`�'� Title: Adult Fitness Instructor Title: Recreation Coordinator APPROV�I,S EXPENDITURE DISTRIBUTION REC�'�1TION/ MANAC�ER DATE � ACCOUNT NUIvIBER AMOUNT � ��'"� ' . ._. j, 1, � ��''��,�-� ° 580-63-620 700-702 $1000.00 fC;�� . -� I � 1;�� i CITY ATTORNEY APPROVED AS TO FORM DATE 0�' �� 1-�11�- CITY CLERK: ATTEST � DATE �� - �- ��-�� ) r Exx�IT A COI�TSULTANT SERVICES TO BE PERFORllZED The CONSULTANT�i�ill provide instruction in,but not limited to,the follo`i•ing programs: Nia Dance/Yogalates Location and Time of CONSULTANT Services: Refer to the Recreation Schedule for a�-eed upon dates,times, and class locations. By Mutual a��eement of both parties, class schedule may change. Eligible Participant l�Zinimum and Maximums for CONSULT�TT Services: Miiumum: 5 Maximum: 15 If less than the required nuiumuin number of participants enroll in and pay for a particular class as identified ii1 the schedule before the class is scheduled to start,the City may cancel the particular class and/or tenninate tlus Agreement��ithout additional notice or payment to Consultant. Performance of CONSULTAIVT Services: City shall have no right of control as to the nlaimer Coizsultant perfonlis the services to be perfonned. Nevertheless, City ma}�, at any time, oUseive the mamler ul wluch such seivices are being perfoi7ned Uy the consultant. The Consultant shall follo�� all guidelines pertailun�to registration procedures as listed in the quarterly recreatioii schedule. Participants may not take part in the prob am unless they are listed on the class roster or can show proof of eiu-ollment. All participants and volunteers need to complete the City's Waiver of LiaUility fonn prior to taking part in the prob�am. Contractors are responsible for supervisin� i�unors after class until a parent of legal guardian has ai7ived. I�l the event of ai1 injury occui-�ing to a participant,the Consultant will notif5�the Ciry��it� 1 hour and complete an I�icident Report in the form approved by the City. The I�icident Report must be subnutted to the City within 24 hours of the injuiy occurring.