20-001 Fremont Union High School District (FUHSD)and qualifications to perform the Services in a competent and professional manner.
Contractor will supply all tools, materials, and equipment required to perform the
Services under this Contract. Contractor is responsible for obtaining permits and
licenses required by law and must obtain a City business license, if required by the
Cupertino Municipal Code.
5.2 Contractor is solely responsible for the payment of employment taxes incurred
under this Agreement and any similar federal or state taxes. Contractor and any of
its employees, agents, and subcontractors shall not have any claim under this
Agreement or otherwise against City for seniority, vacation time, vacation pay, sick
leave, personal time off, overtime, health insurance, medical care, hospital care,
insurance benefits, social security, disability, unemployment, workers compensation
or employee benefits of any kind. Contractor shall be solely liable for and obligated
to pay directly all applicable taxes, fees, contributions, or charges applicable to
Contractor's business including, but not limited to, federal and state income taxes.
City shall have no obligation whatsoever to pay or withhold any taxes or benefits on
behalf of Contractor. Should any court, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System
(PERS), the Internal Revenue Service or the State Employment Development
Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a
reduction in amounts payable under this Agreement, or to promptly remit to City
any payments due by the City as a result of such determination, so that the City's
total expenses under this Agreement are not greater than they would have been had
the determination not been made. 6.Proprietary/Confidential Information. To the extent Contractor may have access to
private or confidential information owned or controlled by the City, Contractor agrees to treat it as
confidential and use it solely to perform this Agreement. Contractor must exercise the same standard
of care to protect City information as a reasonably prudent Contractor would use to protect its own
proprietary data. 7.Omitted.8.Records. Contractor must maintain complete, accurate, and detailed accounting records
relating to its performance in accordance with generally accepted accounting principles and
procedures. The records must include detailed information about Contractor's services, benchmarks,
deliverables, and costs/fees, and must be made reasonably available to City. The records and
supporting documents must be kept separate from other files and maintained for four (4) years from
the date of City's final payment. 9.Assignment. This Contract is not assignable. Contractor may not substitute another or
transfer any rights or obligations under this Contract without prior written approval of City. Only those
persons whose names are included in Exhibit A may perform the Services. Recreation Services Agreement! Rev. Sept. 2019 Page 2 of 7
Additional Requirements for Services Provided to Minors. Contractor and its employees who
provide services under this Agreement must comply with these additional requirements: A.Undergo fingerprints and a criminal background and verify all employees providing
services under this contract have met this requirement.B.Complete a Tuberculosis screening test as required by law and as set forth in Exhibit D.C.Comply with the Mandatory Reporting under California Penal Code 11164-1117 4.3 and with
the protocols, reporting, and training required under California Health and Safety Code
Section 124235, AB 2007, and other laws pertaining to concussion evaluation, removal from
play, and return to play protocols. (Refer to Center for Disease Control & Prevention,
https:ijwww.cdc.gov/headsup/index.html ).D.Submit required forms and acknowledgments included in Exhibit D, and ensure its each
participant is provided with a concussion information sheet, signs and returns the forms to
the City as required by Health and Safety Code Section 124235.
Require coaches and administrators to successfully complete the concussion and head injury
education at least once either online or in person, before supervising a participant.
Contractor shall offer training, educational materials, or both to each Contractor
administrator on a yearly basis. (Training resources are available at the Center for Disease
Control & Prevention (link cited above).
E.If providing instruction, Contractor must acknowledge and comply with all requirements
set forth in the Parks & Recreation Services Instructor Manual.Check one (if applicable): 0 □ This contract requires services for children.
This contract currently does not require services for children. If in the future, services
for children are required, the contract will require a 'written amendment' to include the
appropriate insurance coverages as required in 'Exhibit B -Insurance Requirements for
Recreation Contracts', proof of finger printing and additional requirements under
Paragraph 13. The contract amendment will also require the approval of the Director of
Parks & Recreation and City Attorney. 14.Coordination of Services. The Parties designate the following persons as Services
Coordinators with the responsibility to oversee the delivery of Services in accordance with the terms of
this Agreement. Contractor's designation and any substitution are subject to City approval.
For City:
Name: Daniel Mestizo
Position: Recreation Coordinator
Contact: DanielM@cupertino.org
For Contractor:
Name: Christine Mallery
Position: Chief Business Officer
Contact: Christine_Mallery@fuhsd.org 15.Abandonment. City may abandon or postpone the Activity or Program and will notify
Contractor as soon as possible. Contractor will be paid for satisfactory Services rendered through the
date of abandonment upon submission of final invoices approved by City. Recreation Services Agreement/ Rev. Sept. 2019 Page 4 of 7
26.Notices. All notices and instruments pertaining to material provisions of this contract or
significant disputes which are required by law or under this contract to be in writing must be sent to
the persons listed below. The notices will be deemed effective on the date of personal delivery or the
date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit
in the United States Mail, postage prepaid, registered or certified, or the next business day following
electronic submission.
To City of Cupertino:
Office of the City Manager
10300 Torre Ave., Cupertino, CA
95014 Cc: Representative/Coordinator:
Daniel Mestizo
Email: DanielM@cupertino.org
To Contractor:
589 West Fremont Ave., Sunnyvale, CA 94087
Cc: Representative/Coordinator:
Christine Mallery
Email: Christine_Mallery@fuhsd.org 27.Validity of Contract. This contract is valid and enforceable only if it complies with the
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or
authorized designee, and is approved for form by the City Attorney's Office. 28.Execution. The person executing this contract on behalf of Contractor represents and
warrants that Contractor has full right, power, and authority to execute this contract and to carry out
all actions and services required. This contract constitutes a legally binding obligation of Contractor,
and may be executed in counterparts, each one of which is deemed an original and all of which, taken
together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused this contract to be executed. CONTRACTOR FREMONT UNION HIGH SCHOOL DISTRICT
Tax I.D. No.: Refer to W9 APPROVED AS TO FORM: HEATHER M. MINNER
Cupertino City Attorney CITY OF CUPERTINO A Municipal Corporation
By _________ _
Name ________ _ ATTEST: KIRSTEN SQUARCIA
City Clerk Recreation Services Agreement! Rev. Sept. 2019 Page 6 of 7
Date _____________________
Heather M. Minner
Christine Hanel
Asst. Director, P & R
Aug 6, 2020
Christine Hanel
Aug 6, 2020
See Attached List
Geometry Enrichment
Surna Barton Christina Masuda Jeremy Dybdahl
Lynn Chen Sara Moreno Matt Guevara
Stacey Cler Elaina Smith Norman Tsai
Teresa Filice Carley Stavis Sushma Bana
Terri Fill Ana Franco Sarah Kraemer
Olga Hazeghi Nikki Dang Josh Kuo
Melisa Lu Malissa Goldstein Anna Jackson
Emer Martin Greg Buie
Barb Takahashi McKenna Parfet
Alvin Choe
FUHSD FY 2020/21 Enrichment Instructors
College Enrichment
Exh. B Insurance for Recreation Contracts Updated May 2020
1
As required by the Agreement, Contractor shall procure prior to commencement of Services and maintain the
following insurance for the duration of the Agreement against claims arising from or in connection with
Contractor, its agents, representatives, employees or subcontractors Services 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 $1,000,000 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.
a) It shall be a requirement that any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be made available to the Additional
Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b) Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will
not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form
CG 20 01 (04/13).
c) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called
upon to protect City as a named insured. law
2. Automobile Liability (select one):
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.)
Proof of Contractor’s personal auto insurance with limits required by state law. (Contractor shall
not transport or use its personal vehicle to transport participants or perform work under this
contract.)
Automobile insurance is waived. (Contractor shall never use a vehicle while working under this
contract, other than to commute to and from the work site. Contractor shall not use a vehicle to
travel between City sites, between classes, etc.)
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 Contractor has employees.
If no employees, Contractor 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.
Required if Contract involves services to children.
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
Exhibit B
Insurance Requirements for Recreation Contracts
Exh. B Insurance for Recreation Contracts Updated May 2020
2
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional
Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General
Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as
ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and
shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent
said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy
shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its
employees, agents and subconsultants. This provision applies regardless of whether or not the City has received
a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this
Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled
to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverages based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
1223215.2
6+28/'७$1<७2)७7+(७$%29(७'(6&5,%('७32/,&,(6७%(७&$1&(//('७%()25(७
7+(७(;3,5$7,21७'$7(७7+(5(2)௵७127,&(७:,//७%(७'(/,9(5('७,1७
$&&25'$1&(७:,7+७7+(७32/,&<७3529,6,216
3 333
NCR 00109-34 7/1/2020
7/1/2021
1,000,00025,000
3333
3
NCR 00109-34 7/1/2020
7/1/2021
25,000 1,000,000
NCR 00109-34 7/1/2020
7/1/2021
250,250,00025,000
NCR 00109-34 7/1/2020
7/1/2021
25,000 Included
Keenan & Associates
1732 North First Street, Suite 100
San Jose, CA 95112
www.keenan.com Northern California ReLiEF
A
A
B
7/22/2020
0451271
PIPS0012117 7/1/2020
7/1/2021 1,000,000
1,000,000
1,000,000
3
3
3
Protected Insurance Program for Schools
A
A
Northern California ReLiEF
Protected Insurance Program for Schools
3
408-441-0754
John Stephens
As respects to Recreational Agreement between the City of Cupertino and Fremont Union High School District for Educational Classes and College
Workshops from July 1, 2020 through June 30, 2021. * Sexual Abuse and Molestation $1,000,000 per occurrence.
*WAIVER OF SUBROGATION APPLIES TO WORKER'S COMPENSATION*
Fremont Union High School District
589 West Fremont Ave.
Sunnyvale CA 94087
City of Cupertino,its council, boards and
commissions, officers, employees and volunteers
Attn: Daniel Mestizo
10300 Torre Avenue
Cupertino CA 95014
Educational Classes
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ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY
COVERAGE DOCUMENT
ADMINISTRATOR
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under “as respects” below.
Additional Covered Party:
As Respects:
____________________________________________
Authorized Representative
Issue Date:
7/22/2020
Fremont Union High School District NCR 00109-34 Keenan & Associates
As respects to Recreational Agreement between the City of Cupertino and Fremont Union High School District
for Educational Classes and College Workshops from July 1, 2020 through June 30, 2021. * Sexual Abuse and
Molestation $1,000,000 per occurrence. *WAIVER OF SUBROGATION APPLIES TO WORKER'S
COMPENSATION*
The City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are named
as additional covered parties under all coverages except any professional liability coverage, required by this
Agreement.
This coverage shall be primary to the certificate holders coverage as
respects to the actions and activities of the Covered Party due to their
sole negligence.
The insurance of the Additional Covered Party shall not be called upon to
contribute to a loss covered by the Covered Party's coverage.
City of Cupertino,its council, boards and
commissions, officers, employees and volunteers
Attn: Daniel Mestizo
10300 Torre Avenue
Cupertino CA 95014
56666920 | FREMOUNI1 | 20/21 Super Pool P&L | Frances Freeman | 7/22/2020 8:28:54 AM (PDT) | Page 2 of 3
12:01 AM
This endorsement applies only to the coverage provided by the Memorandum of Coverage. We have the right to recover our
payments from anyone liable for an injury covered by this Memorandum of Coverage. We will not enforce our right against
the person or organization name in the Schedule, but this waiver applies only with respect to bodily injury arising out of the
operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.
Workers’ Compensation and Employers’ Liability Policy
PIPS Waiver of Our Right to Recover From Others Endorsement
Covered Party Endorsement Number
Santa Clara County SIG/Fremont Union High School District 54
Memorandum of Coverage #Memorandum of Coverage Period Effective Date of Endorsement
PIPS0012117 7/1/2020 - 7/1/2021 7/1/2020
Issued By (Name of Entity)
Protected Insurance Program for Schools
Schedule
City of Cupertino
Specific Waiver - Name of Person or Organization:
Operations:
Cupertino, CA 95014
10300 Torre Avenue
As respects Recreation Services Agreement for Educational Classes and College Workshops.
Contribution:
There is no contribution charged for this endorsement.
Confidential Client Use Only License# 0451271
Authorized Agent
56666920 | FREMOUNI1 | 20/21 Super Pool P&L | Frances Freeman | 7/22/2020 8:28:54 AM (PDT) | Page 3 of 3
See Attached List
FUHSD Contract
Final Audit Report 2020-08-06
Created:2020-07-27
By:Kevin Khuu (KevinK@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAggz7BSlRVBLKYLdyC_tIJ2s6b-hZ0y6k
"FUHSD Contract" History
Document created by Kevin Khuu (KevinK@cupertino.org)
2020-07-27 - 8:52:19 PM GMT- IP address: 76.102.46.222
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-07-27 - 8:54:59 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2020-07-27 - 10:40:25 PM GMT - Time Source: server- IP address: 24.23.184.82
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2020-07-27 - 10:40:27 PM GMT
Email viewed by Heather M. Minner (minner@smwlaw.com)
2020-07-30 - 9:05:19 PM GMT- IP address: 45.41.142.126
Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2020-07-30 - 9:05:57 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Christine Hanel (christineh@cupertino.org) for signature
2020-07-30 - 9:06:00 PM GMT
Email viewed by Christine Hanel (christineh@cupertino.org)
2020-07-30 - 9:24:19 PM GMT- IP address: 104.47.45.254
Email viewed by Christine Hanel (christineh@cupertino.org)
2020-08-06 - 0:05:41 AM GMT- IP address: 104.47.44.254
Document e-signed by Christine Hanel (christineh@cupertino.org)
Signature Date: 2020-08-06 - 0:07:03 AM GMT - Time Source: server- IP address: 73.241.47.109
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2020-08-06 - 0:07:05 AM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2020-08-06 - 0:22:35 AM GMT- IP address: 104.47.44.254
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2020-08-06 - 0:24:56 AM GMT - Time Source: server- IP address: 148.64.105.190
Signed document emailed to Heather M. Minner (minner@smwlaw.com), cyrahc@cupertino.org, Kevin Khuu
(KevinK@cupertino.org), Christine Hanel (christineh@cupertino.org), and 2 more
2020-08-06 - 0:24:56 AM GMT