22-001 Amendment #1 dated 3-2624 Li Fen Lin for Fitness Instruction1
FIRST AMENDMENT TO AGREEMENT 22-001
BETWEEN THE CITY OF CUPERTINO AND LI FEN
LIN FOR ADULT FITNESS INSTRUCTION
This First Amendment to Agreement 22-001 between the City of Cupertino and LI FEN LIN is
by and between the City of Cupertino, a municipal corporation (hereinafter "City") and LI FEN LIN,
a Sole Proprietorship/Individual (“Contractor”) whose address is 19861 Portal Plaza, CUPERTINO,
CA 95014, and is made with reference to the following:
RECITALS:
A. On July 06, 2022, Agreement 22-001 (“Agreement”) was entered into by and between
City and Contractor for Adult Fitness Instruction.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 1 of the Agreement is modified to read as follows:
Parties. This contract is made by and between the City of Cupertino, a municipal
corporation (“City”), and Li Fen Lin (“Contractor”), a Sole Proprietorship/Individual for
Fitness Instruction and is effective on the last date signed below (“Effective Date”).
2. Paragraph 13 of the Agreement is modified to read as follows, replacing the last paragraph
under subsection “Additional Requirements for Services Provided to Minors”:
This contract requires services for children.
3. Exhibit A and B of the Agreement are replaced with a new Exhibit A-1 and B-1 attached
hereto.
4. Exhibit D of the Agreement is added to the agreement, attached hereto.
5. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
LI FEN LIN
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base Amount 2023-73 13,000.00
Amendment 1 1,500.00
- - 14,500.00
1429656.1
Li-Fen Lin
Zumba Instructor
Mar 25, 2024
Christopher D. Jensen
Director of Parks and Recreation
Mar 25, 2024
Mar 26, 2024
Updated 06/23/21
EXHIBIT A-1
SCOPE OF WORK, PERFORMANCE AND PAYMENT SCHEDULES
The CONTRACTOR will provide Fitness Instruction in, but not limited to, the following:
Zumba, Aerobics for Everyone
Location and Time of CONTRACTOR Services:
Refer to the City’s Publications for agreed upon dates, times, and locations of a class, camp, activity,
program, or service (“class”). The City, at its sole discretion, may change the agreed dates, times and
locations of a class, or may cancel a class.
Compensation for CONTRACTOR Services:
Contractor shall be compensated for services performed pursuant to this Agreement.
For a class taught in person, $40/hour.
City and Contractor may mutually agree for Contractor to teach a class online rather than in person,
provided that City and Contractor reach agreement for compensation for that online class.
Compensation for that online class shall be specified in writing in a separate side agreement before
online instruction for a class begins.
The total compensation to the Contractor shall not exceed $14,500.00.
Eligible Participant Minimum and Maximums for CONTRACTOR Services:
Minimum: 10
Maximum: 15
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 Contractor.
List of all Contractor Employees working for the City of Cupertino (if no Employees, identify
“self”):
Self
Performance of CONTRACTOR Services:
Class Cancellation
Updated 06/23/21
Contractor will only receive compensation for a class that is performed. If performance of a class is
cancelled by the City or Contractor before instruction begins, Contactor will not receive compensation
for the class. If the City or Contractor cancels performance of certain meetings of a class, Contractor
will only receive compensation for those meetings of the class that are performed.
In the case Contractor unilaterally cancels performance of a class without City approval, City reserves
the right to immediately and without notice cancel the remainder of classes offered and or performed
by Contractor.
COVID-19 Health Order Compliance
Contractor acknowledges that its duty to comply with Laws, as stated in Section 13 of the Agreement,
includes compliance by Contractor with any restrictions on travel or social distancing or other
requirements set forth in any health order issued by any local, state, or federal authority, and any
other local, state, or federal laws or policies that have been or may be enacted in response to the
COVID-19 pandemic (collectively, “Health Laws”). Contractor shall comply with all applicable
Health Laws when preforming work under this Agreement. If this Agreement specifies work that
cannot be performed in compliance with the Health Laws, Contractor shall refrain from conducting
the work and immediately inform the City. Contractor shall likewise comply with any City protocols
designed to help prevent the spread of COVID-19. Contractor acknowledges that the need to comply
with the Health Laws may result in the City canceling performance of any class or meetings of a class
referenced in this Agreement.
Registration, Enrollment, and Supervision
The Contractor 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. If applicable, contractors who are
responsible for supervising minors must remain with the class until a parent of legal guardian has
arrived and all minors are released to them.
Injury of a Class Participant
In the event of an injury occurring to a participant, the Contractor 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.
Exh. B Insurance for Recreation Contracts Updated May 2020
1
Exhibit B-1
Insurance Requirements for Recreation Contracts
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.
2. Automobile Liability: 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.)
3. Workers’ Compensation: 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.
Insurance coverage required may be satisfied by a combination of Primary and Excess/Umbrella insurance.
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).
Exh. B Insurance for Recreation Contracts Updated May 2020
2
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/coverage 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
Updated 6/23/21
EXHIBIT D
Contractor’s Mandated Reporter Declaration
The undersigned does hereby certify that:
1. I am a representative of LI FEN LIN; that I am familiar with the facts herein and am authorized
and qualified to execute this declaration.
2. I declare that LI FEN LIN has complied with fingerprinting and criminal background
investigation requirements with respect to all Contractor’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. I declare that each coach and administrator shall be required to successfully complete
concussion and head injury education at least once, either online or in person, before supervising a
participant, as required by California Health and Safety Code Section 124235, et seq.
4. On a yearly basis, all participants shall be required to sign and return a concussion and head
injury information sheet in compliance with California Health and Safety Code Section 124235, which
may be in the form attached as D-1.
5. That a complete and accurate list of Contractor’s employees, who may come in contact with
minors during the course and scope of the Agreement, are included below.
6. All of the below mentioned employees have tested negative for TB, or X-ray results for TB, and
have current documentation on file with Contractor.
7. 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.
List of all Contractor Employees working for the City (if no Employees, identify “self”):
Self
8. The Contractor will notify the City of Cupertino 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.
CONTRACTOR
By
Name
Title
Date
1386923.1
Li-Fen Lin
Li-Fen Lin
Zumba Instructor
Mar 25, 2024
Fitness Instruction
Final Audit Report 2024-03-26
Created:2024-03-15
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAoNnkCfFpMA9GTUgZSiGvwl9EaKdNv78Y
"Fitness Instruction" History
Document created by Webmaster Admin (webmaster@cupertino.org)
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Agreement completed.
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