17-001 Deborah Hall NO. o 6
FY 17-18
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
DEBORAH HALL
FOR CRAFTING INSTRUCTION
THIS AGREEMENT,is by and between CITY OF CUPERTINO,a municipal corporation
(hereinafter referred to as"City"),and DEBORAH HALL,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: CRAFTING INSTRUCTION.Services are further described in Exhibit"A".
B. TERM. The term of this Agreement shall commence on 9/1/2017,and shall terminate on
6/30/2018,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:TWO HUNDRED
DOLLARS PER 4 WEEK CLASS SESSION.A TWENTY-FIVE($25)DOLLAR ADMINISTRATION FEE
WILL BE DEDUCTED FROM THE FIRST PAYMENT. CONSULTANT SHALL PROVIDE ALL
TEACHING SUPPLIES SUCH AS,BUT NOT LIMITED TO,DRY ERASE MARKERS,ERASERS,AND
HANDOUTS.STUDENTS WILL SUPPLY COURSE MATERIALS.CONSULTANT PAYS FOR COPY
SERVICE AT THE SENIOR CENTER AT$0.10 PER PAGE.The total compensation to the Consultant
shall not exceed TWO THOUSAND-FOUR HUNDRED DOLLARS($2,400).
D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement:
N 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
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from City is obtained,only those people whose names are listed in this Agreement shall be used in the
performance of this Agreement.
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:
L Workers' Compensation:Statutory coverage as required by the State of
California.
ii. Liability: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
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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
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.
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11. CHANGES:
No changes or variations of any kind are authorized without the written consent of the City.
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:JUSTIN CECIL,RECREATION
COORDINATOR,Recreation&Community Service Department.
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IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed.
CONSUL - -" CITY OF CUPERTINO
A Municipal Corporation
s
By: DEBORAH ALLXitle-
JUSTIN CECIL
Title: INSTRUCTOR RECREATION COORDINATOR
Date: Date: Oq A( Z+17
RECOMMENDED FOR APPROVAL:
By. JEFFREY S.MILKES
Title: DIRECTOR,RECREATION &COMMUNITY
SERVICES
APPROVED AS TO FORM:
U"
RANDOLPH STEVENSON HOM
CITY ATTORNEY
ATTEST:
RACE SCHMIDT
CITY CLERK
EXPENDITURE DISTRIBUTION:
Account No: 100-62-623-700-702
Amount: $2,400
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EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide CRAFTING INSTRUCTION in,but not limited to,the following
programs:
BEADING BEGINNING:ONE TWO HOUR CLASS WEEKLY
KUMIHIMO BEGINNING: ONE TWO HOUR CLASS WEEKLY
Location and Time of CONSULTANT Services:
Refer to the Recreation Schedule dated
JULY/AUGUST 2017 (PUBLISHED 6/26/17);
SEPTEMBER/OCTOBER 2017 (PUBLISHED 8/14/17);
NOVEMBER/DECEMBER 2017 (PUBLISHED 10/23/17);
JANUARY/FEBRUARY 2018 (PUBLISHED 12/18/17);
MARCH/APRIL 2018 (PUBLISHED 2/16/18);
MAY/JUNE 2018 (PUBLISHED 4/2018),for agreed upon dates,times,and class locations.
By the mutual agreement of both parties,class schedule may change.
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 4
Maximum: 20
If less than the required minimum number of participants enroll in and pay for a particular class as
identified in the schedule before the class is scheduled to start,the City may cancel the particular class
and/or terminate this Agreement without additional notice or payment to Consultant.
Performance of CONSULTANT Services:
The Consultant shall follow all guidelines pertaining to registration procedures as listed in the quarterly
recreation schedule. Participants may not take part in the program unless they are listed on the class
roster or can show proof of enrollment. All participants and volunteers need to complete the City's
Waiver of Liability form prior to taking part in the program.
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.
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EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 636386507546685536
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:
Deborah Hall TYPE: Arts And Crafts(Various)
LOCATION: Cuperitno Senior Center,21251 Stevens Creek Blvd,Cupertino,CA 95014
*Liquor Liability Yes 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
❑ $1,000,00053,000,000
❑ $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, and
Volunteers
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED: 08/18/2017
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, Employees, Agents and Volunteers
For Certificate No.: 636386507546685536
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section 11 — 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 the
insured only applies to the extent permitted by
Declarations.
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 O Insurance Services Office, Inc., 2012 Page 1 o€1
CSAA Insurance Exchange Automobile Policy Declarations
P.O.Box 22221
Oakland,CA 94623-2221 Please keep with your policy.See Important Notice on reverse.
Insurance For questions or changes call:(800)922-8228
Page 1 of 1
1.Name and Address of Insured
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V Policy prior to the time coverage change was requested.
zi Period To
0 12:01 A.M.Standard Time at the address of the
a 01-02-2018 Named Insured.
Alternate Address Occupation Alternate Number Telephone Number
Health Care Professional (999)894-5206
Item Make Model Yr Body Type Vehicle Identification No. Name
Ln 1 Ln Drivers DEBORAH
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Coverage Liability Limits Item 1
........Person
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Each Person Each Occurrence Deductible Premium Deductible Premium Deductible Premium Deductible Premium
Bodily Injury
Total Premium: $
Total Premium shown is for the Member AdvantageTm Program.
EXCLUSIONS
There is no coverage provided by this Policy while the following individual(s)operate a motor vehicle:
None
Schedule of Changes
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55 150012 15
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0210 (Continued on back)
Lem Rated Driver Dnv SafetyRecord YrsDriv Exp Prior Ann Miles Future Ann Miles Veh Garage Zip Vehicle Usage Gender Marital
1 DEBORAH HALL 0 Pt 49 13,000 Mi 13,000 Mi 94536 Commute F S
LU See final page
for explanation
Ln of codes.
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z Discounts:
'::� Mature Driver:None. Multi Car:None.
u Good Driver:Item(s) 1. New Driver:None.
oMulti Policy:None. Good Student:None.
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your Insurance Agent
N Paul T Osegueda
LA (510)360-3360
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IMPORTANT NOTICE:THIS IS A PART OF YOUR DECLARATIONS
The insurance afforded is only with respect to such of the preceding coverages as are indicated by specific premium charge or charges.The
limit of the Exchange's liability under each such coverage shall be as stated herein, subject to all the terms of the policy. The purpose for
which the automobile is to be used is pleasure or business, subject to the exclusions in the policy, including the exclusion for wholesale
and retail delivery.
RENEWAL CERTIFICATE-Extends this policy for the period shown under Policy Period upon payment of the premium.
AMENDED DECLARATIONS-In consideration of the premium adjustment indicated herein this policy is hereby amended only with respect
to such changes as are indicated in the schedule of changes.The limit of the Exchange's liability under such amended coverage shall be as
stated herein.
LOSS PAYEE(S)-Any loss under Physical Damage coverages is payable as interest may appear to the named insured and the Loss Payee in
accordance with the loss payable agreement.
RATING INFORMATION DISCLOSURE EXPLANATION
(From Discounts/Messages Section on Previous Page)
ITEM (ITEM NUMBER): Item number is the number assigned to the vehicle shown on the Declarations.
RATED DRIVER: The driver assigned to a vehicle whose attributes(e.g., years driving experience, driving safety record, gender, and marital
status)are used to develop the premium.
DRIV SAFETY RECORD(DRIVING SAFETY RECORD):The total number of points assessed the driver for "principally at fault chargeable
accidents" with or without injury and/or vehicle code violation convictions(tickets).A "principally at fault chargeable accident" occurs
when the driver of a vehicle is at least 51% at fault for an accident and the total monetary damages(whether paid or not)in the accident
exceed:
• $750 or the accident resulted in death for losses occurring prior to 12/11/11
• $1,000 or the accident resulted in death for losses occurring 12/11/2011 or after
Additional information on the number and types of incidents can be provided on request. Carriers use different point count systems for
rating purposes.The number of points shown on your declarations would not necessarily match the number of points assigned by
another carrier.
YRS DRIV EXP(YEARS DRIVING EXPERIENCE): The number of years a driver has been licensed to drive a motor vehicle anywhere in the
world. However, a driver must have at least 18 months current driving experience in the United States, U.S.Territories, or Canada, before
foreign country driving experience can be counted.
PRIOR ANN MILES(PRIOR ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle was driven during the year just past.
FUTURE ANN MILES(FUTURE ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle will be driven in the coming year.
VEH GARAGE ZIP(VEHICLE GARAGED ZIP CODE):The ZIP code of the location where the vehicle is garaged.
VEHICLE USAGE: Vehicles are assigned to one of five usage designations: Business Use,Work Commute, Farm Use, Farm Business Use or
Pleasure.
GENDER: "M" stands for Male and "F" stands for Female.
MARITAL(MARITAL STATUS): "M" stands for Married, and "S" stands for Single.
DISCOUNTS: A reduced rate applies for each Discount listed.
55 1500 12 15
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05226
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Contractor/Consultant Affidavit of No Employees
State of California
County of Santa Clara
City of Cupertino
I, the undersigned, declare as follows:
I am an independent class type instructor. I wish to enter into a services contract with the City of
Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code,
which requires every employer to provide Workers' Compensation coverage for employees in
accordance with the provisions of that Code. I am also aware that I must provide proof of
workers' compensation insurance to the City of Cupertino for any and all employees I may have,
pursuant to Section 12 of the City of Cupertino's contract.
I hereby certify that I do not have any employees nor will I have any employees working for me
or my business during the term of any service contract with the City of Cupertino. I am not
required to have Workers' Compensation insurance.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on this. day of , 20 , California.
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