14-001 Jennifer Hill (3)February 4, 2014
Jennifer Hill
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 * FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Re: Agreement for Contract Services
Enclosed is an original copy of your agreement with the City of Cupertino. If you have any
questions or need additional information, please contact the Parks and Recreation
department at 408-777-3120.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Parks & Recreation
CITY OF
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CUPERT NO -V� o
AGREEMENT
CITY OF CUPERTINO
\ 10300 Torre Avenue
J Cupertino, CA 95014
408-777-3200
NO.��
THIS AGR)ZEMENT-, made and entered into this 13th day of January is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Jennifer Hill
(Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Dance Instruction.
Check box if services are further described in an Exhibit. I X]
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A.
TERM: The services and/or materials furnished under this Agreement shall commence on
January 29, 2014 and shall be completed no later than June 30, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay
CONTRACTOR: $35 per hour of instruction.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and
hold harmless the City and its officers, officials, agents, employees and volunteers against any
and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and
against any of them, including any injury to or death of any person or damage to property or
other liability of any nature, arising out of, pertaining to, or related to the performance of this
Agreement by Contractor or Contractor's employees, officers, officials, agents or independent
contractors. Contractor shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City,
its agents or employees. 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.
Subcontracting. 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 written consent from City is obtained, only those people whose names are listed this
Agreement shall be used in the performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior written
consent of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the
following requirements.
Coverage:
Contractor shall maintain the following insurance coverage with the City as an additional
named insured:
(1) Workers' Compensation:
Statutory coverage as required by the State of California. Not required for
sole proprietors
(2) Liabili
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
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.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum
limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
Subrogation Waiver. 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. 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 which any such insurer of said Contractor may acquire against City by virtue of
the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a thirty (30) -day notice. The Contractor may terminate this Agreement with
or without cause with a thirty (30) -day written notice.
Acknowledgement of Mandated Reporting Requirements. Consultant shall comply with the
requirements of California Penal Code 11164-11174.3 and as set forth in Exhibit `B" which.is
attached hereto and incorporated herein by this reference.
Fingerprint and TB Consultant Declaration. Consultant agrees that all individuals covered
under this Agreement shall provide fingerprints for criminal background test purposes and results
of TB screening, pursuant to the requirements as set forth in Exhibit "C" which is attach hereto
and incorporated herein by this reference.
Non -Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation of such person
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment and that Contractor is an independent contractor. 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 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 Contractor performs the services to be
performed. Nevertheless, City may, at any time, observe the manner in which such services are
being performed by the contractor.
The Contractor 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.
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:
NAME: Colleen Ferris DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY, in witness therefor, the
parties have executed this Agreement the day and year first written above.
CONTRACT R: CITY OF CUPERTINO:
By: LUBy: Colleen Ferris
Title: ce structor Title Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
DEPAR HEAD DA7E
-� r
ACCOILNT NUMBER
AMOUNT
580-6449-7014
$1,500.00
NYE
CAT RNEY APPROVED AS TO FORM ATE
CITY CLERK: ATTEST V DATE
V
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide Group Fitness Instruction in, but not limited to,
the following programs:
Dance instructor
Location and Time of CONSULTANT Services:
Cupertino Sports Center
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 10
Maximum: 45
In the event that less than the required minimum number of participants shall request and
pay for services prior to the agreed upon time for the commencement of services to be
performed by Consultant, City may cancel and withdraw from this Agreement.
Performance of CONSULTANT Services:
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.
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. Contractors are responsible for supervising minors after class until a parent of
legal guardian has arrived.
In the event of an injury occurring to a participant, the Consultant will notify the City
within 1 hour and complete an ABAG Incident Report. The ABAG Incident Report must
be submitted to the City within 24 hours of the injury occurring.
When I make a mandated report, I will be required to give my name. However,
my identity will be kept confidential unless I either consent to disclosure or if the
disclosure is made pursuant to a court order. Further, agencies investigating the
mandated report may disclose my identity to one another. (Cal Pen. Code
11167(d)).
• The following agencies and individuals receiving or investigating mandated
reports may disclose my identity to one another:
o Prosecutors in a criminal prosecuting or in an action initiated under
section 602 of the Welfare and Institutions Code arising from alleged child
abuse;
o Counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code;
o A licensing agency when abuse or neglect in out -of -home care is
reasonably suspected. (Cal Pen. Code 11167.5)
I may not be disciplined, dismissed, retaliated against, discriminated against or
harassed for making a mandated report of reasonably suspected child abuse.
• As a Mandated Reporter, I have civil and criminal immunity when making a
report (Cal Pen. Code 11172).
• As a Mandated Reporter, it is a misdemeanor to fail to comply with
Mandated Reporting laws and I can be held criminally liable for failing to
report suspected abuse. The penalty for this is up to six months in County jail, a
fine of not more than $1000, or both. I further understand I could be civilly liable
for failure to report. (Cal. Pen. Code 11166(c)).
I have been provided with a copy of California Penal Code sections 11164-11174.3
(Mandated Reporter Law).
I understand that I am a legally Mandated Reporter. I am aware of and understand
my responsibilities under the Mandated Reporter laws of this state and am willing and
able to comply. I understand that a copy of this Acknowledgement will be kept in my
NamegSignature) Date
Name (Print)
EXHIBIT B
ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS,
RECEIPT OF TRAINING, AND RECEIPT OF PENAL CODES STATUTES
A mandated reporter is an individual who is obligated by law to report suspected cases of
child abuse and neglect. In general, any individual who, in the ordinary course of their
employment, has contact with children is a mandated reporter. Mandated reporters include
child care workers, teachers and coaches. (California Penal Code 11165.7).
If your job duties as an employee or an independent contractor of Jennifer Hill include
contact with children, you are a Mandated Reporter. Prior to commencing employment and
as a prerequisite of that employment, California law requires that you sign a statement to the
effect that you have knowledge of the provisions of the Mandated Reporter Law, and will
comply with those provisions. (California Penal Code 11166.5).
The following are the Mandated Reporter responsibilities under California law. You are also
being provided with a separate informational document which includes the text of the
California Mandated Reporter Law and contact information for Child Abuse and Neglect
Reporting for the County of Santa Clara. Please review this information carefully and
acknowledge your receipt and understanding where indicated. If you have questions or
concerns about this form or your Mandated Reporter responsibilities, please contact the
Recreation Supervisor at 408-777-3120.
I understand that:
• By virtue of my employment or independent contractor status with, Jennifer Hill
and because my employment requires me to have contact with children, I am a
Mandated Reporter as defined by California Penal Code 11165.7.
The following situations trigger mandatory reports: a) Physical Abuse (willful
harming of a child); b) Sexual abuse including sexual assault, child exploitation,
pornography, and trafficking; c) Severe or General Neglect; and d) Extreme
Corporal Punishment (resulting in injury). (Cal. Pen. Code 11165 et. seq.) I
further understand that I may, but am not required to, report suspected Emotional
Abuse.
• If I reasonably suspect that a child is being abused, I must immediately make a
telephone report. I must follow up with a written report within 36 hours. This
report may be made to local law enforcement, or County Sheriff's Department,
Probation Department or Child Welfare Agency. (Cal Pen. Code 11166(a)).
• I am not required to, but I may, share information about suspected abuse with my
supervisor or management or the parents of the alleged victim.
EXHIBIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. I am a representative of Jennifer Hill (consultant or company name); that I am familiar with
the facts herein and am authorized and qualified to execute this declaration.
2. I declare that Jennifer Hill (consultant or company name) has complied with fingerprinting
and criminal background investigation requirements with respect to all Consultant's employees
who may have contact with minors in the course of providing services pursuant to the
Agreement, and the California Department of Justice has determined that none of those
employees has been convicted of a felony, as that term is defined in California Penal Code
Section 11105.3.
3. That a complete and accurate list of Consultant's employees, who may come in contact with
minors during the course and scope of the Agreement, are included below.
4. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and
have current documentation on file with Consultant.
5. All of the below mentioned employees have received training and understand their
responsibilities under the Mandated Reporter laws of this state and are willing and able to
comply.
A List of all Consultant Employees Working for the City of Cupertino:
N/A
6. The City of Cupertino will be notified by Consultant in writing of any new employees and will
be added to the above list prior to beginning work for the City of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
I h � h�
Date Place C su t Signature
Staff Title: Dance Instructor