14-001 Bentisha Winters OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
LEO I TELEPHONE:(408)777-:3223• FAX: (408)777-3366
C U P E RT I N O W EBSITE:www.cupertinci.org
June 26, 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
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CITY OF AGREE=MENT
CITY OF CUPERTINO
10300 Torre Aven e
Cupertino, CA 95 14
CUPERTINO
408-77'7-320 .�-� NO.
FY 14-15
THIS AGREEMENT, made and entered into this 12 day of June is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and a California State,
SOLE PROPRIETORSHIP whose address is
a sole proprietor 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: Yoga Instructor.
Check box if services are further described in an Exhibit. n
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 7/1/14 and shall be completed no later than 6/30/15.
COMPENSATION: For the full performancE-1 of this Agreement, CITY shall pay
CONTRACTOR:
$40 per 55 minute class taught.
California Labor Code, Section 1771 requirE!s the payment.of prevailing wages to all
workers employed on a Public Works contract in excess of$1,000.00.
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 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.
L
Subcontracting. Contractor has been retained due 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:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,1)00,000
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: $1 00,000 each occurrence
or
Combined Single Limit: $ 00,000 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 it:�; 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.
4
Termination of Agreement. The City reserves the right to terminate this Agreement
with or without cause with a seven (7)-day notice. The Contractor may terminate this
Agreement with or without cause with a sevE.hn (7)-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 in the sense that the relationship of master and servant exists
between City and undersigned. 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.
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: Colleen Ferris DEPARTMENT :Parks and 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.
CONTRACTO CITY OF CUPERTINO:
By: Colleen Ferris 0
Title Z' G' i � v�'iCcfG`fv Title: Recreation Coordinator
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE
570 6450 7014 $2,500.00
CITY QRNEY APP VED MFORM AT
CITY ERK: A ST DATE
EXHI:B,IT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide Group Fitness Instruction in, but not limited to, the
following programs:
Fitness Instructor
Location and Time of CONSULTANT Services:
Cupertino Sports Center
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 10
Maximum: 50
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
Consultant, City may cancel and withdraw from this Agreement.
Performance of CONSULTANT Services:
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.
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 participa:at,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.
a
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;
0' 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 J[ can be held criminally liable for failing to
report suspected abuse. The peaalty 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
Da e
Name (Print)
B
O
]EXHOIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. I am a representative of Ben tisha Winters (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 Bentisha Winters(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 1.1105.3.
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 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:
N/A
6. The City of Cupertino will be notified by Consultant in writing of any new employees
and will be added to the
Contractor Title: Fitness Instructor