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17-001 Leslyn McCallum NO. a 0/% -.2-N0 FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND LESLYN MCCALLUM FOR COMMUNICATION TRAINING THIS AGREEMENT is by and between CITY OF CUPERTINO,a municipal corporation (hereinafter referred to as"City"),and LESLYN MCCALLUM,a CALIFORNIA SOLE PROPRIETORSHIP ,whose address is (hereinafter referred to as "Consultant"),and is made with reference to the following: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials: COMMUNICATION TRAINING.Services are further described in Exhibit"A". B. TERM. The term of this Agreement shall commence on 9/28/2017,and shall terminate on 9/28/2017,unless terminated earlier as set forth herein. C. COMPENSATION. Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth below and as described in Exhibit"A"which is attached hereto and incorporated herein by this reference.Compensation shall consist of the following:$90 per hour for the preparation and facilitation of the workshop on September 28,2017(2 hours preparation and 3 hours facilitation).The total compensation to the Consultant shall not exceed$450. D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: ® EXHIBIT A-Scope of Services GENERAL TERMS AND CONDITIONS 1. HOLD HARMLESS: Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement,indemnify,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 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 performance of this Agreement by Consultant or Consultant'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. In addition to the obligations set forth above,Consultant shall indemnify,defend,and hold the City,its elected and appointed officers,employees,and volunteers,harmless from and against any Claim in which a violation of intellectual property rights,including but not limited to copyright or patent rights, is alleged that arises out of,pertains to,or relates to Consultant's negligence,recklessness or willful misconduct under this Agreement. 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. 2. SUBCONTRACTING: Consultant has been retained due to their unique skills and Consultant 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 in this Agreement shall be used in the performance of this Agreement. i i FY 2017/2018 Short Form Agreement less than$5,000 1 I 3. ASSIGNMENT: Consultant may not assign,transfer,or subcontract this Agreement or any portions thereof, without prior written consent of City. 4. INSURANCE: On or before the commencement of the term of this Agreement,Consultant shall furnish City with certificates showing the type,amount,class of operations covered,effective dates and dates of expiration of insurance coverage in compliance with the paragraphs below. Such certificates,which do not limit Consultant's indemnification,shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage shall provide thirty(30)days'advance written notice to the City of Cupertino by certified mail,Attention:City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: i. Workers'Compensation:Statutory coverage as required by the State of California. ii. Liabili :Commercial general liability coverage,including sexual abuse and molestation coverage,in the following minimum limits: 1. Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other 2. Property 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 limits shown above. iii. Automotive:Proof of automobile insurance required at the California statutory minimums 5. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance,Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City,on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein,a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 6. TERMINATION OF AGREEMENT: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder,Consultant shall be deemed in default in the performance of this Agreement. If Consultant 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 Consultant written notice thereof,which shall be effective immediately.The City Manager shall also have the option,at its sole FY 2017/2018 i Short Form Agreement less than$5,000 2 it I I i i discretion and without cause,of terminating this Agreement by giving seven(7)calendar days'prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. 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 CONSULTANT: It is understood and agreed that this Agreement is not a contract of employment and,at all times, Consultant shall be deemed to be an independent Consultant and Consultant 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 Consultant performs the services to be performed. Nevertheless,City may,at any time,observe the manner in which such services are being performed by the Consultant. Consultant 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: Consultant,at his/her sole expense,shall obtain and maintain during the term of this Agreement, all appropriate permits,certificates,and licenses including,but not limited to,a City Business License, that may be required in connection with the performance of services hereunder. 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. 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 permit 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 supporting documents,shall be kept separate from other documents and records 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. FY 2017/2018 Short Form Agreement less than$5,000 3 i 12. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. Contractor shall obtain a Cupertino Business License and further comply with the City's Minimum Wage Ordinance as set forth in Cupertino Municipal Code Chapter 3.37. 13. AGREEMENT COORDINATOR: The Agreement Coordinator and representative for CITY shall be:LAURA DOMONDON LEE, COMMUNITY RELATIONS COORDINATOR,Recreation&Community Service Department. // // FY 2017/2018 Short Form Agreement less than$5,000 4 I IN Wf `NTF95,WHERECIF,tip Ixaniea have causKxi flit,Agreement to be exNVEad. LE LY N: r'kL,LUM CrTY r SER I'INO tW 5 t ?v1 £1iLLM By: LAUKA t MONMN LEE Tit v..: PROFESSOR Title- CON4 ?�I3'�TrY EL 110"JS Cl.-K)RDiNA'IOR f - - -� _4 / 17 Date: ' RFC.:€:)IENDW FOR APPROVAL: 19' l / ado SEMCF3 AFFIZOV W AS TO POR&L k'-V qpR-AN LPH 55 E4ENSON HOM -,/aT'Y ATTORNEY TIT-5l`: kyc�--vF-ItI[�'1 CM CLERK Acwou tt Nvv 7(h'W-632170U- Amontrt: 1 FY 2MMIS .*wirt Fam Agr%mirertI than S3,0W EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide COMMUNICATION TRAINING in,but not limited to,the following programs: BLOCK LEADER WORKSHOP FACILITATION ON SEPTEMBER 28,2017: A.CONSULTANT WILL PREPARE CURRICULUM AND ALL MATERIALS IN PREPARATION FOR TRAINING B.CONSULTANT WILL ADMINISTER PARTICIPANT QUESTIONNAIRES ON CONFLICT STYLES C.BASED ON CONFLICT MANAGEMENT STYLES,CONSULTANT WILL DIVIDE PARTICIPANTS INTO GROUPS AND CONSULTANT WILL OUTLINE STRENGTHSIWEAKNESSES OF CONFLICT STYLES AND FACILITATE REPORTING OUT TO LARGE GROUP D. CONSULTANT WILL LEAD A LECTURE ON CONFLICT STYLES AND DYNAMICS TO IMPROVE THE BLOCK LEADERS'WORK IN THE NEIGHBORHOODS Location and Time of CONSULTANT Services: Consultant shall provide services at the Quinlan Community Center,10185 North Stelling Road, Cupertino,CA 95014 on September 28,2017. Performance of CONSULTANT Services: In the case Consultant unilaterally cancels performance of the class without City approval,City reserves the right to immediately and without notice cancel the remainder of programs offered by Consultant. In the event of an injury occurring to a participant,the Consultant will notify the City within 1 hour and complete an Incident Report in the form approved by the City. The Incident Report must be submitted to the City within 24 hours of the injury occurring. I i FY 2017/2018 Short Form Agreement less than$5,000 6 EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 6364-13290972302334 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED) Alliant Insurance Services,Inc.in conjunction with City of Cupertino Apex Insurance Services P.O.Box 6450 Newport Beach,CA 92658 License No: OC 36861 NAMED INSURED(EVENT HOLDER): EVENT INFORMATION: Leslyn McCallum TYPE: Academic LOCATION: Quinlan Community Center,10185 North Stelling Road,Cupertino,CA 95014 *Liquor Liability Yes C) No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named(event holder)for the policy period indicated. The insurance described herein is subject to all the terms,exclusions and conditions of such policy(ies)unless amended as described in Special Conditions. INSURANCE CARRIER:Evanston Insurance Company MASTER POLICY NUMBER: SEP41023 MASTER POLICY DATES: EFFECTIVE: JANUARY 1,2017 EXPIRATION:JANUARY 1,2018 COMMERCIAL GENERAL LIABILITY General OCCURRENCE FORM DEDUCTIBLE: NONE Aggregate Limit $2,000,000 Products&Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal&Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You(Any One Premises) 100,000 Certificate Of Insurance: Medical Payments(Any One Person) 5,000 MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,000/$3,000,000 ❑ $2,000,00052,000,000 Property Damage(If purchased) No Property Damage Coverage The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS City of Cupertino, It's City Council, Boards and Commissions, Officers, Employees, & Volunteers CANCELLATION: Should the above described policy be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. o AUTHORIZED REPRESENTATIVE: DATE ISSUED: 09/18/2017 POLICY NUMBER: SEP41023 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Per each Certificate Of Insurance, as applicable City of Cupertino, It's City Council, Boards and Commissions Officers, Officials, Agents, Employees, Consultants and Volunteers For Certificate No.: 636413290972302334 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in theDeclarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ContractorlConsultant Afrida-,it of No Emptoyees ade of caftfomia Count ,y qf-&ijra:Clara ci�y(?f C-11paltno 1, the Lmdcrsigned,dcclare as follows: T am ali independent Canununication M- Slruulor. I wish to enter into a scrvicontract with the CiLycif Cupertino. I am My aware of Or,provisions of section 3700-of the California Labor Codc,which requires e-vt!Tv employcr to providc Workers'Compen.sation coverage for cmployccs Mi accordance with the provisions of that Code_ I wyi also aw=that I mist provide proof of workers`compensation irwwanw to the City of Cupenino 11w any and 911 -mp 1q) L may hmnaz.pursuant to Section 12 of City of Cuperein d's contract_ I hcrcby ccx-kffy that I do not haveany mploy m nor will I have any d7rTloyms working for me or my business during -term-of any servicx con with the city�of , pertijjo ,the Lract th Cu am not ruqui=d io have Workers'compensation insuntnec, T declarc undar penalty of perjury under the laws of the Statc of California that the Cc going Lfue and MrMt Exec cin this Z., flvp— - 'wifornia, dad of of 2017,at L 4-4- )."oes-ml Y, R PLAT j"M 14R- E I. / GN. RE OiG�- ............. CALIFORNIA EVIDENCE OF LIA91L- 1 I-rY INSURANCE MERCURY CALIFORNIA AUTOMOBILE INSURANCE_ CALIFORNIA COMPANY .AGENCY: H.AR--Y, R J%S A,,:-y :331 t 475 -r- C7 pIRA-1 ;ON 09E1 , 201EX03/18/:D2A0I 18 YA9 1817 MAK ENTiFICATION NUMSER ,%A,`,/1 E D ',%r RED LESLY MCCALLUM TO REPORT A CLAIM, please call 1800) 503-3724 For access :o ,90ADSIDE ASSTS TANCE ONLY, please cali �866'; 519-6478 —111 16056 0-, 516540.5 'MAIC 383-42 1_- 'r.su!-ance camp"It-S with CVC S fold in haif her- 555 W. Imperial fughway, Brea. CX 9'-'K1 TIM COVERAGE PROVIDED BY THIS POLICY 'MEETS THE INIEND, WIM LIABILITY LLNIrf S PRESCRIBED BY LANY IF YOU 1LAN9F, .:*kN ACCIDENT Notify the police immediately- Capturv, the names, addresses, telephone numbers. driver license numb-era and license plate numbers of all persons Involved and of witnesses. Note any damage to other vehicles. .Pt ;our Do not admit fault- Do not discuss the accident with anyone -X--- rj -,-nt. Afercuiy or the poliCe. I rill-,jcdiately report all claims to Mercun; at (800) 503-3724. ojjotcos if possible. rev 09,13 - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- CALIFORNIA AUTOMOBILE INSURANCE COMPANY DATE MAILED: 08/18/2017 AGENT: 044247 HARDY, DONALD R. INS AGCY P 0 BOX 308 CAPITOLA, CA 95010 LESLYN MCCALLUM (831) 475-4314 Dear Policyholder, Thank you for doing business with the Mercury Insurance Group. Enclosed is a copy of your Automobile Policy. please examine the policy including the Important Information Section, and review all accompanying documents. A Notice of Premium Due may be included with this mailing, and if so, it will specify any amount currently due for the policy period shown. Please contact your agent at the phone number shown above to provide the estimated annual mileage you expect to drive in the next 12 months. You will need to have the odometer readings for all vehicles on your policy when you call. If you do not make contact with your agent to update your mileage estimate, the "Renewal Estimated Annual Miles" shown In the table below will be used to rate your policy. You are also welcome to call your agent if you have questions or would like to make changes to your policy. Your local independent Agent can also provide you wlth Information about other insurance products available through the Mercury Insurance Group including Mechanical Breakdown Insurance, Homeowner's Insurance and Personal Liability Insurance. Ride-Hailing coverage is also available if you drive for a Transportation Network Company (Ubar, Lyft, etc.) and wish to protect yourself from some potentlal coverage gaps. We appreciate the opportunity to serve you, Sincerely, CALIFORNIA AUTOMOBILE INSURANCE COMPANY For Your Information: The discounts and/or surcharges indicated below are currently reflected in your Automobile Insurance Premiums LU 2 F- � w C7 a W w h >z Q CAR l z o � Ew zw zQ4 }QQ �_ ow } dw 00 00 5O H� 7� UV � � WmO 0w r� 4V O[C 8'" 20 >> � ' dOC Qdw cc =�z Z�z 0x >t�i �[] 00 t9(n C70 24 52 �n 1.--0 dw< a-w • Z:) . } *Vehicle Usage' BU - Busines9 Use, PL - Pleasure Use,TN - 7rah0portatlon Network,WS - Work/school Use °'Selvaged Vehicle: Y - Yes, N - No, R - At Renewal U-08COV4 0912016 R 044247 00000000 70 39Vd loj�1930IddO 2.60t:1956'80bT LT:0T 2-TM7_,/9131/60 PRODUCER -- -—_-...._... - ----- HARDY,DONALD R. INS AGCY 044247 03 CALIFORNIA P O I ,AUTOMMLE CAPITOTOLA, C CA 95010 INSURANCE COMPANY AUTOMOBILE POLICY i7ECLARAT10N8 TELEPHONE:(B31 y 475-4314 :pdL .•'Y::N+JM—.—BE:_R::..,...:.•::••:•::: .' na. . ::fir:A1� IMPORTAN.T COV ERAGE E:X1�Cl.:LiUSION ............................................:...... Amd...................... .:.. ;:. ...........::.;..........:.....:;..,:....,:.;:.: k0fCsAOSN .9V-:..%0T* M.1TVC:.•.................... ::- flk�([JLY;:: itr;uwI;:taraFg;plffYfYlt5ECi::Nilk{r3ft:1�1iLT1 FnoM09/18l20171t.a1AA1 rD03/18/201812a1AN:.:..::::........::::fLfs:;asnlucl:has::rllnlDrr�ranae::a#farrfiid:b.:ahia: :011>;.;: _. w ......: :::::::;:: ::::::......:::. ............I.. ... ............... v........:...:.: .....:. LESLYN MCCALLUM .:<:> :: ; .,;:thl:... . y,x1-.•rpat.,,wcMntinvinaslor.vBhirJlellir#ti�lr�9:.cord.....::: :::::::^:;..... ciI..... py i}repri#j9te¢bPT4Y�zseaTsl(114E Ot av1RIIs 1f» - tbbrr'ra3ldsa or wfinXher:tjis: ernnn ICI:laeoded to dove DRNERB LESLYN MCCALLUM MARIE° 17929 IDA DR — ......_.._............—_—_-- -_.._. u... ---....._... .. ADDpE88 LOS GATOS,CA 95033 Coverage applies only if premium charge is listed below. Coverage/U[Tlits ere subject to all policy terms. ......................................... ................ _._...._....................._... - ---— - - -- --- ::r:: ..... :::::.'::: : ..... .............................. .................�'►i�1��tM�r:�:�:�:�:��::�:?;?�:":� ' IW?�+I�A�'t;A�lw f4�li'M�l!tt:;:�::� _ IMPORTANT INFORMATION _ EFFEC'T'IVE 09/18/2017 The enclosed Auto Insurance Renewal Bill and the U251 IMPORTANT NOTICE are part of this policy. These specify the amount of your premium, your payment options, any applicable fees, and the due date. Your automobile insurance expires and coverage ceases at 12:01AM on 09/18/2017. Coverage under this policy will become effective provided you pay the premium and any applicable fees as indicated on the Auto Insurance Renewal Bill. If you have any questions, please contact your agent or broker at the phone number provided above. MAIUD TO: LESLYN MCCALLUM dallelzol7 u.-17e—CW/11-071 — INSURED COPY co 39.1d .L0d3930IAA0 L60b9 C89bT Lt:0T LTOCI/97/60