17-001 Jenny Tsai i
CITY OF
SHORT FORM AGREEMENT
CITY OF CUPERTINO
10300 Ton-e Avenue
Cupertino,CA95014 l �
CUPERTlhtO 408-777-3200 NO. �� � ' '1 -�
This Agreement;made and entered into tlus 9th day of l�7arch,2017,(the"Effective Date") is by and between
the City of Cupertino (hereinafter"Ciry")and Je�ly Tsai (hereiilafter
"Contractar"), in consideration of their mutual covenants,the parties agree as follows:
A. SCOPE OF SERVICES. Contractar shall provide or furnish the following specified services and!or
materials: Adult Fitness Instruction Seivices are further described in Exhibit"A".
B. TERIVI.The services and/or materials funlished under this Agreement shall coinmence on March 31,2017
and shall be completed no later than June 30,2017.
C. COP'IPENSATION. For the full performance of this Agreement,CITY shall pay Contractor a total
amount not to exceed six hundred dollars($600.00). Consisting of the follo���ing: $39 per 60 minute class
D. EXHIBITS. The follo���ing attached exhibits hereby are made part of this Agreement:
�Exhibit"A"- Scope of Services
❑Exhibit"B"-Ackizowledgement of Mandated Reporting Requirements,Receipt of Training,and Receipt of Penal
Code Statutes Exhibits"B"and"C"are for anyone���orking wifli minors
❑Exlubit"C"-City of Cupertino,Consultant Declaration
GENERAL TERIVIS AND CONDTTIONS
1. Hold Harmless. Contractar 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 perfornied in connection with the Ageement,
indemiufy, defend, and hold harnlless the City and its officers, officials, agents, employees and volunteers from and
aQainst any and all liability, claims, actions, causes of action ar denlands whatsoever against any of them, including
any injuiy to ar death of any person or damage to property or other liability of any nature,u�hether physical,emotional,
consequential or otherwise, arising out,pertaiiung to; or related to the performance of this Agreement by Contractor
or Contractoi's employees, officers, officials, agents or independent contractors. Such costs and expenses shall
include reasonable attoi7ieys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
The acceptance of the Seivices by City shall not operate as a waiver of flie right of indenmification. The provisions of
this Section survive the completion of the Services or termination of tlus Contract.
2. Subcontractuig. Conri-actor has been retained due to their unique skills and Contractor may not substitute another,
assi�n 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 perfoiniance of fllis Agreement.
3. Assi�nment. Contractor may not assign, transfer, or subcontract this Agreement ar any portions thereof, without
prior written consent of City.
4. Lisurance. Contractor shall maintain the following insurance coverage, with the Ciry as an additional named
nisured, and provide a Certificate of Insurance and Additional Insured Eudorsement consistent with the following
requirements:
(a)Workers' Compensation: Statutory coverage as required by the State of Califonlia.
(b)Liability: Conmiercial general liability coverage,ulcluding sexual abuse and molestation coverage, in
the following minimum lin7its:
Bodily Injury: $SOO,OOOeach occurrence; $1,000,OOOaggregate-all other
Property Damage: $100,000 each occurrence; $250,000 aggregate
If submitted,combined single liinit policy with aggregate linzits in the amounts of$1,000,000���ill be
considered equivalent to the required tuinimum limits shown above.
(c)Automotive: Coinprehensive autoinotive liability coverage in the followulg mulimuin limits:
Bodily Injury: $500,000 each occuirence
�
.
Property Dainage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
5. Subrogation VVaiver.Contractor a�rees that in the event of loss due to any of the perils for«�hich it has agreed to
provide comprehensive general and automotive liability insurance, Contractor 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 services of Contractor herein,a waiver of any right
to subrogation ���hich any such insurer of said Contractor may acquire aaainst City by viriue of the payinent of any
loss under such insurance.
6. Termivation 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, Contractor shall be deemed in default in the performance of tlus
Agreement. If Contractor fails to cure the default���ithin the time specified and according to the requirements set forth
in City's��,�ritten notice of default, and in addition to any other reinedy available to the City by law,the City Manager
may tenninate the Agreement by giving Contractor written notice thereof,which shall be effective inzmediately. 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���ritten notice to Contractor as provided herein. Upon receipt of any notice of
tennination,Contractor shall inunediately discontinue perfonnance.
7. 1Von-Discrimination. Contractor shall not discriminate aaainst 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 tiines,Contractor shall be deemed to be an independent contractor and Contractor is not authorized to biud the City
� to any contracts or other obligations iu executing this Agreenlent Contractor certifies that no one who has or will
have any finarlcial interest under this Agreement is an officer or einployee of Ciry. City shall have no right of control
as to the manner Contractor performs the services to be perfoimed.Nevertheless, City may, at any tiine, observe the
manner in which such services are being perfonned by the coiltractor. Contractor shall comply wifli all applicable
Federal, State, and local la���s and ordinances including,but not limited to,unemployment insurance benefits, FICA
la��s,and the City business license ordinance.
9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintaiu during the term of this
Agreenient,all appropriate pennits,licenses,and certificates including but not limited to a City business license,that
may be required in comiection with the performance of services under this Agreement.
10. Renorts and Records. Each and every report, draft,���ark product, map,record and other document, hereinafter
collectively refen�ed to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or ui
comiection wit�i tliis 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 Reparts created
pursuant to this Agreement. Any Report, inforniation and data acquired or required by this Agreement shall becoine
the property of City, and all publication rights are reserved to City. Cont�actor nzay retain a copy of any report
furnished to the City pursuant to this Agreement.
Contractor shall maintain complete and accurate records«�ith respect to sales,costs,expenses,receipts and other such
information required by City that relate to the perfornlance of services under this Agreement, in sufficient detail to
peiznit an evaluation of services. All such records shall be maintained in accordance with generally accepted
accounting priuciples and shall be clearly identified and readily accessible. Contractar 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 work, data,
docuinents,proceedings and activities related to this Agreement. Such records, together with supporting documents,
shall be kept separate fi�om other docurnents and records and shall be maintained for a period of three (3) years after
Contractor receives final payn�ent froin City for all services required under this agreeinent.
11. Chanaes. No changes or variations of any kind are authorized«�ithout the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: Karen Levy, Recreation and Conimunity
Sennces
In witness thereof,the parties have executed this AQreement the day and year first���ritten above.
CONTRACTOR: CITY OF CUPERTINO:
(�
By� ��' By: Karen Levv ��`�Y �
Tifle: Fitness Instiuctor Title: Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
RE��ANAGE� � � D!-�TE � ACCOUNT NCJMBER AMOUNT �
(3 � �� 580-63-620 700-702 $600.00 �
CITY ATTORNEY APPROVED AS TO FORM DATE
� �� ��I I�S ) I� �
CITY�CLERK: AT� � DATE �
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EXHIBIT A
CONSULTANT SERVICES TO BE PERFORl�7ED
The CONSULTANT«-ill provide instruction in,but not limited to,the follo�ving programs:
Line Dancercise
Location and Time of CONSiTLTANT Ser��ices:
Refer to the Recreation Schedule for ab eed upon dates, times, and class locations. By Mutual ab-eement
of both parties, class schedule may change.
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimuin: 5
Maximum: 20
If less than the required minimum number of participants em-oll in and pay for a particular class as
identified in the schedule before the class is scheduled to start,the City liiay cancel the particular class
and/or ten7unate this Agreement without additional notice or payment to Consultant.
Performance of CONSLTLTANT Services:
City shall have no right of control as to the marmer Cousultant perfon7is the seivices to be perforn7ed.
Nevertheless, City may, at any time, oUserve the maruler in which such services are being perfoi7ned by
the consultant.
The Consultant shall follow all guidelines pertaiiung to registration procedures as listed in the quarterly
recreation schedule. Participants may not take part in the prograin unless they are listed oti the class
roster or can sho���proof of enrollment. All participants and volunteers need to complete the City's
Waiver of Liability foi-�n prior to taking part in the prob-am. Contractors are responsible for supervising
nunors after class until a parent of legal guardian has ai7�ived.
I�Z the event of ai7 injuiy occun-ing to a participant, the Consultant will notify the City witlun 1 hour and
complete an Incident Report in the fonii approved by the City. The Ti7cident Report must be submitted to
the City��ithin 24 hours of the injuiy occurring.
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