14-001 Mona Ahuja OFFICE OF THE CITY CLE12K
CITY HALL
10300 TORRE AVENUE o CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertino.Org
July 7, 2014
Re: Agreement for consultant services.
Enclosed is a fully executed copy of the above stated 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
b
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Tom Avenue
Cupertino, CA95014
CUPERTINO 408-777-3200 a2L(�Z=
:Ienteered FY 14-15
THIS AGREEMENT, made an into this 17t"day of June is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and
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: Youth
Dance Instruction
Check box if services are further described in an Exhibit.❑X
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: A, B, C.
TERM: The services and/or materials furnished under this Agreement shall commence on July 1,
2014 and shall be completed no later than June 30 2015.
COMPENSATION: For the full performance of this) Agreement, CITY shall pay CONTRACTOR:
70% of resident fees - $5 administration fee per pCrrticipant.
The total compensation under the Agreement is not to exceed $2,000.
The City will issue no more than three payments per quarter and,if needed,.one final payment at
the end of this agreement to close the account.
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 negligE�nce 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 dins 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) Liability:
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.
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.
a 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: Karen Levy, Recreation Coordinator DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY,- in witness thereof, the parties
have executed this Agreement the day and year first written above.
Title: Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
SENIOR RECREATION SUPERVISOR DATE -ACCOUNT N MB R AMOU NT
I 580-6449-7014 $2000.00
CITY O EY APP OVED SrTOFORM ATE '
O 31
CITY CL A ST DAT
`1 1
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide instruction in, but not limited to, the following programs:
Dance classes for children including Bolly Babies and Bollywood Dance
Location and Time of CONSULTANT Services:
Refer to current Recreation Schedule for agreed upon dates, times, and class locations. By
Mutual agreement of both parties, class schedule may change.
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 5
Maximum: 12
If less than the required minimum number of participants enroll in and pay for a particular class as
identified in the schedule before the class is scheduled to start, the City may cancel the particular
class and/or terminate this Agreement without additional notice or payment to Consultant.
Performance of CONSULTANT Services:
City shall have no right of control as to the manner Consultant performs the service 'J* bre p J
performed. Nevertheless City may, an time, observe the manner in which•such sen ice:svlt e
perfo Y Y� Y
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.
o
EXHIE►1T B
e
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 Mona Ahuia 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.
understand that:
• By virtue of my employment or independent contractor status with Mona Ahuja, 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 wiith a written report within 36 hours. This report
may be made to local law enforcernUit, or County Sheriff's Department, Probation
Department or Child Welfare Agency.. (Cal Pen. Code 11166(a)).
• 1 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)).
• The following agencies and individuals receiving or investigating mandated reports
may disclose my identity to one another:
j
• Prosecutors in a criminal prosecuting or in an action initiated under section
602 of the Welfare and Institutions Code arising from alleged child abuse;
• Counsel appointed pursuant to.subdivision (c) of Section 317 of the Welfare
and Institutions Code;
• 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 personnel
Date
-liartz
Name(Print)
• I
1
EXHIRIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that
1. 1 am a representative of Mona Ahuia (consultant or company name.); that I am familiar with
the facts herein and am authorized and qualified to execute this declaration.
.2. 1 declare that Mona Ahuia (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.
I. 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 Report(:r laws of this state and are willing and able to
comply.
A List of all Consultant Employees working for the City of Cupertino:
6. The City of Cupertino will be notified by Consultant in writing of any new employees and will
be
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