14-001 Phil Lenihan OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
LEE I TELEPHONE: (408)777-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertino.org
July 3, 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
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, GA 95014
CUPERT INO 408-777-3200 - NO.
vl�
THIS AGREEMENT Dentered into this..1 8th-day of June 2014 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Phil Lenihan, a sole proprietorship, whose
address is 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:
Inline Skating Classes
Check box if services are further described in an.Exhibit.�
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.L 2015.
COMPENSATION: For the full performance of this Agreement, .CITY shall pay CONTRACTOR:
All 1 Day Classes: $18 per participant:,
The total compensation under the Agreement is not to exceed-$500.
The City will issue no more than two.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 ex1'E3.-nt allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agent;, employees and volunteers against any and all
liability, claims,stop notices, actions, causes of actiion or demands whatsoever from and against any
of them, ,including•any injury to or death of any person or damageao 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 nor independent contractors. Contractor shall not
be obligated under this Agreement to indemnify-Ci`ht to the extent that-the damage is caused by the
sole or active.•.negligence-or willful misconduct of. City, its..agents or employees. Such costs._-and
expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all
other costs and fees of litigation.
Subcontracting. Contractor has been retained &61 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 pEzople 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 tl 'e�--State-of'California. Not`�required for sole
proprietors.' '--.'
roprietors: r z,
(2) Liabili ;
Commercial general liability cove rage,in'the following,�iinimum limits
Bodily Injury:' $500,000
each occurrence '
$,170001000
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:
Com rehensive'autorriotive liability coverage in the followin minimum limits:
p ty g 9��
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single'Limit:-'$500,000,oach occurrence
Subrogation Waiver.'Coontractor 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
' 'hall
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`s'uch
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 wiih or 7
without cause'with a thirty.(30)-day-notice. Thb"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•ongin,`ancestry, religion, gender or sexual orientation
Of such person j
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, Contractorshall-be `
deemed-to be an independent-contractor and Contractor'is,not•authorized to bind the City to-any,
contracts or other obligations in executing this Agreement: 'Contractor, certifies that no one-who
has or will have any financial interest under this Agreement is?an officer'or employee of City."City-,
shall have no right of control as to the manner Contractor performs the services to be performed.
Nevertheless, City may, at any time, observe'the manner in which such services are being
performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurahce*.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: Jeff Ordway, Recreation Coordinator DEPARTMENT: Parks & Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, thel,parties
have executed this Agreement the day and year first written above.
CONTRAC CITY OF CUPERTINO:
l°' I B Jeff Ordway-
Title:
y� _ �' y: y�
Title: Instructor Title: Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
SE ECREATION SUPERVISOR DATE ACCOUNT NUMBER AMOUNT
580-6449-7014•• $500
C17 RNE OVED A TO FORM AT '
CITY RK: ATTEST DATE
= .,.EXHIBIT A.
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will.provide Inline Skating:Classes.in; but not limited:to; the following;
programs:
Kidz Inline Skating and.-Introduction to Inline-Skating-
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 Minimurrr-a'nd'Maximums for CONSULTANT,Services:
Minimum: 3 r
Maximum: 7 :. .
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 terminate1his'Agreement witho-ut..additional notice,or payment to.Consultant.
Performancet`of CONSULTANT Services:
3
City shall have no right of control as to the,manner Consultant.performs the services,to.be
performed. Nevertheless, City may,' at any time, observe the manner in which such services are
being performed by the consultant.
a ,
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.
EXH1BIIT B
ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS, RECEIPT OF
TRAINING, AND,-RECEIPT.OF PENAL CODES-STATUTES
A mandated reporter is an individual who is obligate,d by law to report suspected cases of child
abuse and-neglect. .,In general„any individual..wh,o, 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 Phil Lenihan 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 ' hose 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 408-777-31.20.
understand.that:
• By virtue of my employment or independent contractor status with Phil Lenihan 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 111.65 et. :seq.) I further understand that I may,
but am not required to, report suspected Emotional Abuse.
• If I reasonably suspect that a child is being abused, I must immediately make a
telephone report. I must follow up with a written report within 36 hours. This report
may be made to local law enforcemE!nt, or County Sheriffs 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:
o Prosecutors in a criminal prosecuting or in an action initiated under section
602 of the Welfare and Institutions Code arising from alleged child abuse;
o Counsel appointed pursuant to subdivision (c) of Section 317 of the Welfare
and Institutions Code;
o A licensing agency when abuse or neglect in out-of-home care is reasonably
suspected. (Cal Pen. Code 11167.5)
® 1 may not be disciplined, dismissed, retaliated against, discriminated against or
harassed for making a mandated report of reasonably suspected child abuse.
e 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
file.
Date
VC 4-C (- t L
Name (Print)
EXHIBIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. 1 am a representative of Phil Lenihan; that I am familiar with the facts herein and am
authorized and qualified to execute this decllaration.
2. 1 declare that Phil Lenihan has complied with fingerprinting and criminal background
investigation requirements with respect to alll 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 deterrniined 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 Consul)ant's employees, who may come in contact with
minors during the course and scope of the Agreement, are included below.
4. All of the below mentioned employees have tested negative for TB, or X-ray results for TB,
and have current documentation on file with Consultant.
5. All of the below mentioned employees have received training and understand their
responsibilities under the Mandated Reporter laws of this state and are willing and able to
comply.
A List of all Consultant Employees Working for the City of Cupertino:
6. The City of Cupertino will be notified by Consultant in writing of any new employees and will
be added to the above list prior to beginning work for the City of Cupertino.
I declare under penalty of perjury that the foregoing is true and correct:
t7cy4cu o ,