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19-134 Cupertino Union School District and Linda Rios, Contract Services NO. FY 19-20 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUPERTINO UNION SCHOOL DISTRICT AND LINDA RIOS FOR CONTRACT SERVICES THIS AGREEMENT, for reference dated July 1, 2019, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and LINDA RIOS, a An individual, whose address is j (phone: (hereinafter referred to as "Consultant"), and CUPERTINO UNION SCHOOL DISTRICT (hereinafter referred to as "CUSD"), is made with reference to the following: RECITALS: A. Cityis municipal corporation a m pduly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code; and B. The Cupertino Union School District covers the City of Cupertino, California and parts of San Jose, Sunnyvale, Saratoga, Santa Clara, and Los Altos, California. The CUSD operates twenty elementary schools (K-5) and five middle s schools (6-8); and i C. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and D. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and E. City, CUSD, and Consultant desire to enter into an agreement for upon the terms and conditions herein. 1 FY 2019/2020 Linda Rios/CUSD NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on July 1, 2019 and shall terminate on June 30, 2020,unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: 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. The compensation and reimbursable expenses to be paid by Consultant under this Agreement for all services described in Exhibit "A" by City and CUSD shall be split equally between City and CUSD, and shall not exceed fifty thousand dollars ($50,000) for City and fifty thousand ($50,000) for CUSD. i 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 Contractor, City may cancel and withdraw from this Agreement. 4. ACKNOWLEDGEMENT OF MANDATED REPORTING REOURIEMENTS: 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. 5. FINGERPRINT AND TUBERCLOSIS (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 attached hereto and incorporated herein by this reference. 2 FY 2019/2020 Linda Rios/CUSD 6. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of specially trained professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City or CUSD, nor have any contractual relationship with City or CUSD. 8. INDEPENDENT PARTIES: City, CUSD, and Consultant intend that the relationship between them created by g this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule, or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City or CUSD to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation, and sick leave are available from City or CUSD to Consultant, its employees, or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 9. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and i employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs, or expenses arising from any noncompliance of this provision by Consultant. 10. NON-DISCRIMINATION: Consistent with City and CUSD's policies that harassment and discrimination 3 FY 2019/2020 Linda Rios/CUSD f it I are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City or CUSD employee, or an individual by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 11. 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 CUSD, their 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 and CUSD's choice, expert fees, and all other costs and fees of litigation. Pursuant to Government Code Section 895.4, and in lieu of Government Code Section 895.6 which provides for pro-rata risk allocation, CUSD shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any loss, liability, claim, injury, or damage arising out of, or in connection with, performance of the duties and obligations of CUSD and its employees set forth in this agreement. The City shall indemnify, defend, and hold harmless CUSD, its officers, agents, and employees from any loss, liability, claim, injury, or damage arising out of, or in connection with, performance of the duties and obligations of the City and its employees set forth in this agreement. 12. INSURANCE: A. COVERAGE Consultant shall comply with the insurance requirements in Exhibit D. City and CUSD will not execute the Agreement until each has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, City in its sole discretion may purchase 4 FY 2019/2020 Linda Rios/CUSD insurance and deduct the costs from payments to Contractor, or terminate the contract. B. 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 and CUSD, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City or CUSD 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 or CUSD by virtue of the payment of any loss under such insurance. k C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City and CUSD shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. i D. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker j to determine adequate coverage for Consultant. f 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a ' conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City and CUSD. Any attempt to do so without said consent 5 FY 2019/2020 Linda Rios/CUSD I shall be null and void, and any assignee, sub-lessee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. However, claims for money by Consultant from City and CUSD under this Agreement may be assigned to a bank, trust company, or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City and CUSD by Consultant. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or co-tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. i 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City and CUSD is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. I In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry insurance in reasonable conformity to the insurance required under Section 12, above. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. 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. 17. REPORTS: A. 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 Consultant pursuant to or in connection with this Agreement, shall be the exclusive joint property of City and CUSD. Consultant shall not copyright 6 FY 2019/2020 Linda Rios/CUSD any Report required by this Agreement and shall execute appropriate documents to assign to City and CUSD 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 CUSD, and all publication rights are reserved to City and CUSD. Consultant may retain a copy of any report furnished to the City and CUSD pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City and CUSD in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project b others; pJ Y (3) Subsequent additions to the original project; and/or (4) Other City and CUSD projects as appropriate. C. Consultant shall, at such time and in such form as City and CUSD may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information, or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City and CUSD. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City and CUSD that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided 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. Consultant shall provide free access to such books and records to the representatives of City and CUSD or their designees at all proper times, and gives 7 FY 2019/2020 Linda Rios/CUSD City and CUSD 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 receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's or CUSD's preliminary examination or audit of records, and the City's or CUSD's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City and/or CUSD for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests, or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant or CUSD to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Director of Administrative Services All notices, demands, requests, or approvals from City or CUSD to City shall be addressed to CUSD at: Cupertino Union School District 1309 S. Mary Avenue Sunnyvale, CA 94087 All notices, demands, requests, or approvals from City or CUSD to Consultant shall be addressed to Consultant at: 8 FY 2019/2020 Linda Rios/CUSD Linda Rios 20. TERMINATION: 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 such default is not cured within the time specified after receipt by Consultant from City or CUSD of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City or CUSD may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City and CUSD shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules, and regulations enacted or issued by City and CUSD. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display, or allow to be posted, exhibited, 9 FY 2019/2020 Linda Rios/CUSD displayed any signs, advertising, show bills, lithographs, posters, or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City and CUSD to do otherwise. 24. WAIVER: A waiver by City and CUSD of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by City, CUSD, and Consultant. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 10 FY 2019/2020 Linda Rios/CUSD IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. h CONSULTANT CITY OF CUPERTINO A Municipal Corporation By; I Linda Rios Deborah Feng Title: Consultant Title: City Manager Date: "� Date: I, CUPERTINO UNION SCHOOL RECOMMENDED FOR APPROVAL: DISTRICT n By: �y: Kristina Al aro Leslie Mains, Chief Information and Title: Director of Administrative Services Community Engagement Officer Cupertino Union School District APPROVED AS TO FORM: 10301 Vista Drive, Cupertino, CA 95014 Heather M. Mituier City Attorney ATTEST: Grace Schmidt City Clerk I EXPENDITURE DISTRIBUTION: Account No: 100-20-200-600-634 Amount: $50,000 l 11 FY 2019/2020 Linda Rios/CUSD IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation By: I Linda Rios , By: Deborah Feng Title: Consultant. Title: City Manager Date: _ 8 V Date: CUPERTINO UNION SCHOOL RECOMMENDED FOR APPROVAL: DISTRICT N 4AALX By: lk,C,�:L (L�� y: Kristina A aro Leslie Mains, Chief Information and Title: Director of Administrative Services Community Engagement Officer Cupertino Union School District APPROVED AS TO FORM: 10301 Vista Drive, Cupertino, CA 95014 Heather M. Minner City Attorney ATTEST: Grace Schmidt City Clerk EXPENDITURE DISTRIBUTION: Account No: 100-20-200-600-634 Amount: $50,000 11 FY 2019/2020 Linda Rios/CUSD EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide education, training, delinquency prevention, and support services to minors and families residing in the CITY and the CUSD boundaries. These services include, but are not limited to, the following, provided agreement is reached by all parties concerned: ➢ Conference with individual school, CUSD, City, Community, Santa Clara County (SCC) Sheriff's Office/ law enforcement officials to provide prevention and intervention strategies and resources for at risk students and families. Consultant will serve as a resource for parents/guardians, and meet/conference with them at a designated school site, City or CUSD facility. ➢ Conduct presentations/mediations for students, school staff, families, and/or community organizations. Topics to include, but not limited to, school attendance laws/regulations, student safety, student stress, parenting support, and violence prevention. ➢ Assist School Resource Officers /law enforcement officials in conducting meetings and/or presentations with school officials and/or families in need of prevention and intervention services. ➢ Provide truancy prevention/reduction services. ■ Serve as a member of the School Attendance Review Board (S.A.R.B.), attend regularly scheduled meetings, and provide follow-up support on case referrals. ■ Conference with school officials, students, and/or families to provide intervention strategies and services for improving attendance patterns. ■ Make home visits to truant students with law enforcement, school officials, and/or CUSD credentialed school nurses to assist students/families in improving attendance patterns. 12 FY 2019/2020 Linda Rios/CUSD EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide education, training, delinquency prevention, and support services to minors and families residing in the CITY and the. CUSD boundaries. These services include, but are not limited to, the following, provided agreement is reached by all parties concerned: ➢ Conference with individual school, CUSD, City, Community, Santa Clara County (SCC) Sheriff's Office/ law enforcement officials to provide prevention and intervention strategies and resources for at risk students and families. Consultant will serve as a resource for parents/guardians, and meet/conference with them at a designated school site, City or CUSD facility. ➢ Conduct presentations/mediations for students, school staff, families, -and/or community organizations. Topics to include, but not limited to, school attendance laws/regulations, student safety, student stress, parenting support, and violence prevention. i ➢ Assist School Resource Officers /law enforcement officials in conducting meetings and/or presentations with school officials and/or families in need of prevention and intervention services. ➢ Provide truancy prevention/reduction services. ■ Serve as a member of the School Attendance Review Board (S.A.R.B.), attend regularly scheduled meetings, and provide follow-up support on case referrals. ■ Conference with school officials, students, and/or families to provide intervention strategies and services for improving attendance patterns. ■ Make home visits to truant students with law enforcement, school. officials, and/or CUSD credentialed school nurses to assist students/families in improving attendance patterns. 12 FY 2019/2020 Linda Rios/CUSD ■ Collaborate with the District Attorney's Office (Truancy Division) to ensure student/parent compliance with school attendance laws. ➢ Attend meetings/seminars identified b individual school, C.U.S.D. and/or City Y � officials including, but not limited to: ■ D.A.A.C. (D.A. Attendance Collaborative), sponsored by the Office of the District Attorney. ■ I.EY (Individual Education Plan), S.S.T. (Student Study Team), and i M.D.T. (Multi-Disciplinary Team) meetings, as deemed appropriate by on- j site school principals and/or C.U.S.D. officials. # ■ Meetings/seminars on school safety, violence prevention, truancy { abatement/attendance laws, child abuse prevention, and support services for parenting/family maintenance, mental health, foster and homeless youth, and crime victims. COMPENSATION City and CUSD shall compensate Consultant for professional services described in this Agreement in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below. The compensation and reimbursable expenses to be paid to Consultant under this Agreement for all services by City and CUSD shall be split equally between City and CUSD, and shall not exceed fifty thousand dollars ($50,000) for City and fifty thousand dollars ($50,000) for CUSD. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City or CUSD. Hourly rate: $100.00 per hour 13 FY 2019/2020 Linda Rios/CUSD Invoices: In order to request payment, Consultant shall submit monthly invoices to the City and CUSD describing the services performed and the applicable charges to each entity (including, where applicable an identification of personnel who performed the services, hours worked, task(s) for which work performed, hourly rates and reimbursable expenses), based upon Consultant's billing rate and reflecting an equal split of Consultant's charges between City and CUSD. Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, work processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. City and CUSD shall reimburse consultant for reasonable travel. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City or CUSD employee travel pursuant to City or CUSD policy, whichever is lower. Additional Services: Consultant shall provide additional services outside of the services only by advance written authorization from the City and CUSD prior to commencement of additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Tasks Schedule Timeframe 1. Conferencin Dail /W ekly August-June 2.Presentations/Mediations As Requested/Needed Au ust-June 3. Assist School Resource Officers/Law As Needed August-June Enforcement officials 4. Provide Truancy Prevention/ Daily August-June Reduction Services: September- Serve on School Attendance Review Board Bi-Monthly June 14 FY 2019/2020 Linda Rios/CUSD Collaborate with SARB Chair: Weekly August-June Discuss case referrals/SARB agenda Weekly August-June Train CUSD staff on SARB referral process Yearly/As needed August-June Update attendance forms/SARB reports Yearly/As needed August-June i Provide Follow-up on all SARB/truancy Daily/Weekly August-June referrals: Conference with School officials/parents/ Daily/As needed August-June students to improve attendance patterns Home visits to truant students Daily/As needed August-June Provide morning wake-up calls Daily/As needed August-June Collaborate with District Attorney As needed August-June (Truancy Division) 5. Meetings/Seminars DAAC Monthly August-May SST As needed August-June IEP As needed August-June MDT As needed August-June Educational Seminars Monthly August-May I j i 15 FY 2019/2020 Linda Rios/CUSD 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 CONTRACTOR. 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 CONTRACTOR, 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 16 FY 2019/2020 Linda Rios/CUSD 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. • 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)). 9 • The following agencies and individuals receiving or investigating a mandated reports may disclose my identity to one another: o Prosecutors in a criminal prosecuting or in an action I initiated under section 602 of the Welfare and Institutions I 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 17 FY 2019/2020 Linda Rios/CUSD 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 personnel file. Name (Signature) Date k i1'Y,O,q /�J Name (Print) 18 FY 2019/2020 Linda Rios/CUSD EXHIBIT C City of Cupertino Consultant Declaration The undersigned does hereby certify that: 1. I am a representative of LINDA RIOS; that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that LINDA RIOS 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 j Agreement, are included below. i 4. All of the below mentioned employees have tested negative for TB, or X- j 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 (if no Employees, identify "self": SELF 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 at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct: vat r4;r�rlo �/� N T— C k:� Date Place Consultant Signature Title 19 FY 2019/2020 Linda Rios/CUSD 1148962.1 20 FY 2019/2020 Linda Rios/CUSD Exhibit D Insurance Requirements As required by Section 12 of the Agreement, Consultant shall procure and maintain the following insurance for the duration of the contract against claims arising from or in connection with the services of Consultant, its agents,representatives, employees, or subcontractors under this Agreement. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this project/location(CG 25 03 or 25 04) or be twice the required occurrence limit. 2. Automobile Liability: ISO CA 0001 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than$1,000,000 per accident for bodily injury and property damage. Required if automobile is used to perform work under this contract. x Otherwise, proof of Consultant's personal auto insurance with limits required by state law suffices. Consultant shall not transport or use its personal vehicle to transport participants or perform work under this contract. 3. Workers' Compensation: As required by the State of California, with Statutory and Employer's Liability Insurance limits of no less than$1,000,000 per accident for bodily injury or disease. Required if Consultant has employees. x If no employees, Consultant must sign Affidavit of No Employees. 4. Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving minors, (i.e., after school activities, recreational programs, athletics, study/training events and transportation of minors). Coverage may be included under General Liability or be obtained in a separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this contract or be twice the required occurrence limit. x Required if Agreement involves services to children. Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance. Self-Insured Retentions: Self-insured retentions must be approved by City and CUSD. City and CUSD may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide,that the self- insured retention may be satisfied by either the named insured or City and CUSD. Acceptability of Insurers: Insurance must be issued by insurers acceptable to City and CUSD and licensed to do business in the State of California, with an A.M. Best's financial strength rating of"A"or better and a financial size rating of"VII" or better. OTHER INSURANCE PROVISIONS: The CGL policy must contain, or be endorsed to contain, the following provisions: 1. The City, its City Council,boards and commissions, officers, officials, employees, agents, servants and volunteers, and CUSD and its boards and commissions, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out Exh.B Insurance for Recreation Contracts Updated 3-26-18 1 of work or operations performed by or on behalf of the Consultant including materials,parts, or equipment furnished in connection with such work or operations. 2. Consultant's insurance shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, CUSD, and their officers, officials, employees, agents, andvolunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City and CUSD and their elected or appointed officers,officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by Consultant for City and CUSD. This provision also applies to the Consultant's Workers' Compensation policy. 4. Each insurance policy required by this contract shall provide that coverage shall not be canceled, except with notice to the City and CUSD. Primary Coverage: The Additional Insured coverage under Consultant's policy shall be primary, non- contributory, and at least as broad as ISO CG 20 01 04 13 as respects the City and CUSD and all the insureds/indemnitees. If the limits of insurance required are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of the Additional Insureds before City's or CUSD's own insurance is triggered. Notice of Cancellation: Each insurance policy shall provide that coverage shall not be canceled or allowed to expire without written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Such notice must be sent to City and CUSD as provided in the Agreement. Waiver of Subrogation: Consultant grants City and CUSD a waiver of any right to subrogation which any insurer of said Consultant may acquire against City and CUSD by virtue of payment of any loss under such insurance. Consultant will obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City or CUSD has received a waiver of subrogation endorsement from the insurer. Verification of Coverage: Consultant shall furnish the City and CUSD with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City and CUSD before work commences. The City and CUSD reserve the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.At a minimum Consultant must provide acceptable copies of the policy declarations and endorsement page verifying the required insurance coverages. Special Risks or Circumstances: City and CUSD reserve the right to modify these requirements based on the nature of the risk,prior experience, insurer,coverage, or other special circumstances. 1148961.1 Exh.B Insurance for Recreation Contracts Updated 3-26-18 2 LINDA-2 OP ID: DU ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 08/021201 YY) 08/02/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bozzuto&Associates Insurance NAME: Dee A Ussery 34 S.Second St ac°Nri Ext:408-680-0200 FAX, I_ Ne; 408-429-8460 Campbell,CA 95008 ADDRESS: deeu@dbinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:RSUI Indemnity Company 22314 INSURED Linda Rios INSURER B: INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE IN DL SUBR POLICY NUMBER MM DDIYYYY MM POLICY EFF POLICY EXP LTR /D/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE � OCCUR X X 08/02/2019 08/02/2020 DAMAGE (RENTED PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: A&BCoverage-see below $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE !N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A ASSAULT&BATTERY COVERAGE X X 08/02/2019 08112/2020 Each Occurrence 2,000,000 Sexual Assault&Molestation are Not Excluded Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino, CUSD, it's City Council, boards and commissions, officers, employees and volunteers are named additional insureds as respects to liability arising out of activities performed by or on behalf of the consultant per the attached endorsement. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION CITY002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Director of Admin Svcs 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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) Locations Of Covered Operations City of Cupertino Location(s) as specified in written contract with the 10300 Torre Avenue Additional Insured shown in the schedule of this Cupertino, CA 95014 endorsement 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Cupertino Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or .,your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or s CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 ❑ 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 contractor and the owner of /No 1 .,q/O 5` C'6 i►'Sfi /i✓6 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 (64,Aday of RIJ6 si 2019, at Z u.,c -A rl/Ye California. PVNTNAME SIG ATURE Revised 1.01.19 June 27,,2019 To Whom It May Concern: This letter certifies that I will not be requesting mileage reimbursement from the City of Cupertino and/or,'the Cupertino Union School District for any services performed under the joint contract agreement for the 2019-20 fiscal year. I Sincerely, Linda ios i Renewal auto policy declarations Policy number; Policy effective date; May 30,2019 I Coverage detail for Coverage i Limits Deductible Premium Automobile Liability�nsurance Not applicable $150.90 Bodily Injury $250,000 each person $500,000 each occurrence i Property Damage $500,000 each occurrence Auto Collision Insurance Actual cash value $250 $289.06 Waiver of deductible applies Auto Comprehensive Insurance Actual cash value $50 $37.14 Rental Reimbursement Not purchased* Towing and Labor Costs $50 each disablement Not applicable $2.28 Uninsured Motorists'Insurance for Bodily $100,000 each person Not applicable $42.94 Injury $300,000 each accident Automobile Medical Payments $2,000 each person Not applicable $8.22 Coordinated Medica�Protection Not purchased* Lease/Loan GapI Not purchased* Repair or Replacement Cost Option Not purchased* i ■1° Sound System Not purchased* Tape Not purchased* Total premium for $530.54 I California Proof of Auto Insurance Card Allstate. Y nds. j Allstate Northbrook Indemnity Comparry PO Box 660598,Dallas,TX 75266-0598 Fred&Linda Rios This policy meets the requirements of the applicable California financial responsibility law(s). POLICY NUMBER YEAR/MAKE/MODEL EFFECTIVE DATE VEHICLE ID NUMBER 05/30/19 EXPIRATION DATE 11/30/19 This card must be carried in the vehicle at all times as evidence of insurance.