16-001 May SheiCITY OF
II SHORT FORM AGREEMENT
CUPERTINO
(Less than $5,000)
CITY OF CUPERTINO
10 300 ToITe Avenue
Cup ertino, CA 95014
408 -777 -3200 NO. -------
This Agreement , mad e and entered into thi s 1 ST da y of APRIL, (the "Effective Date") is by and between the
City of Cupertino (hereinafter "City") and MAY SHEI,
(hereinafter "Contractor"), in consideration of their mutual cove nants, the
parties agree as follows:
A. SCOPE OF SERVICES . Contractor shall provide or furnish the following specified services and/or
materials: CHINESE BRUSH PAINTING INSTRUCTION Services are further described in Exhibit "A".
B. TERM. The services and/or materials furnished under thi s Agreement shall commence on JULY 1, 20 16
and shall be completed no later than JUNE 30, 2017.
C. COMPENSATION. For the full perfonnance of thi s Agreement , CITY shall pa y Contractor a tot a l
amount not to exceed FOUR THOUSAND, FIVE HUNDRED dollars ($4500). Consisting of the following:$5 PER
STUDENT, PER SESSION, PLUS 80% OF REMAINING REVENUE
$25 Annual Administration Fee will be deducted from the first payment. The contractor shall pro vi de all teaching
supplies , such as , but not limited to , dry erase markers , erasers, and handouts . Copy service at the se nior center is 10
cents a page .
D. EXHIBITS. The fo ll owing attac hed exhib its hereby are made pari of this Agreement:
X Exhibit "A"-Scope of Services
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall , to the fulle st extent allowed by law and without limitation of the pro vis ions of
this Agreement related to insurance , with respect to all services perfom1ed in connectio n with the Agreement ,
indemnify, defend , and hold hannless the City and its officers, officials , agents , employees and volunteers from and
against any and all liability, claims, actions, causes of action or demands whatsoever against any of th em , including
any injury to or death of any person or dama ge to prop erty or other liability of any nature, whether physical ,
emotional , consequential or ot herwi se, arising out , periaining to , or related to the performance of thi s Agreement by
Contractor or Contractor's employees , officers, officials , agents or independent contractors. Such costs and
expenses shall include reasonable attorneys ' fees of counsel of City's choice , expert fee s and all other cos ts and fees
of litigation. The acceptance of the Services by City shall not operate as a wa iver of the right of indemnific at ion.
The provisions of this Section survive the completion of the Services or tem1ination of this Contract.
2. Subcontracting . Contractor has bee n retained due to their unique skills and Contractor ma y not sub sti tute
anoth er, assign or transfer any rights or ob ligati ons under this Agreement. Unless prior wr itten co nse nt from City is
------"'obtametl, only tnose people wfiose names are !is e tffiSAgreement sha 1 be use d 111 the perfo rmance of this
Agreement.
3. Assignment. Contractor may not assign, tran sfer, or subcontract this Agreement or any portions thereof, without
prior written consent of City .
4. Insurance . Contractor sha ll maintai n the following in surance coverage, with the C it y as an additional named
insured , and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the following
requirements :
(a) Workers' Compensation: Statutory coverage as required by the State of California.
(b) Liability : Commercial general liability coverage, without an exclusion for sex ual abuse and
molestation , in the following minimum limits :
Bodily Injury :
Property Damage:
City of Cupertino -Short Fonn Agreeme nt -4/2015
$500,000 each occuITence ; $1,000 ,000 aggregate -all other
$100 ,000 each occuITence ; $250,000 aggregate
If submitted , combined s ingle limit policy with aggregate limits in the amounts of $1,000,000 will be
considered equivalent to the required minimum limits shown above.
(c) 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: $5 00 ,000 each occurrence
5. Subrogation \Vaiver. Contractor agrees that in the event of lo ss due to any of the peril s for which it ha s agreed to
provide comprehensive general and automotive liability insurance , Contractor shall look solely to its in s urance for
recovery. Contractor hereby grants to City , on behalf of any in surer pro viding comprehen sive general and
automotive liability insurance to either Contractor or City with respect to the services of Contractor herein , a waiver
of any right to subro ga tion which any such insurer of sa id Contractor may acquire against City by v irtue of the
payment of any loss under such insurance.
6. Termination of Agreement. In the event Contractor fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in default in th e perfomrnnce of this
Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set
forth in City's written notice of default, and in addition to an y other remedy ava ilable to the City by law , the City
Manager ma y tenninate the Agreement by giving Contractor written notice thereof, whi ch shall be effecti ve
inunedi ate ly . The City Manager shall also have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) ca lendar da ys' prior written noti ce to Contractor as pro vided herein . Upon
receipt of any notice of termination , Contractor shall imm ediatel y di sco ntinue perfonnance.
7. Non-Discrimination. Contractor shall not discriminate against a job applicant , employee,
City employee, or a citizen on the basis of race , color, national 01igin, ancestry, religion , gender,
sexual orientation or other protected class of such person.
8. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment and, at all times, Contractor shall be deemed to be an independent contractor and
Contractor is not auth01ized to bind the City to any contracts or other obligations in executing
this Agreement. Contractor ce1iifies 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 perfonns the services to be perfonned. Neve1iheless, City may, at any
time, observe the manner in which such services are being perfonned by the contractor.
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.
9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during
the tenn of this Agreement, all appropriate pennits, licenses , and certificates including but not
limited to a City business license, that may be required in connection with the perfonnance of
services under this Agreement.
10. Reports and Records. Each and every repo1i , draft , work product, map , record and other
document , hereinafter collectively refened to as "Rep01i", reproduced, prepared or caused to be
prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive
property of City. Contractor shall not copyright any Report required by this Agreement and shall
execute appropriate documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report , infonnation and data acquired or required by this Agreement shall
City o f Cupenino -Short Fo nn Ag reement -4/20 15
become the prope1iy of City, and all publication tights are reserved to City. Contractor may
retain a copy of any repo1i furnished to the City pursuant to this Agreement.
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses ,
receipts and other such infonnation required by City that relate to the perfonnance of services
under this Agreement, in sufficient detail to pennit an evaluation of services. All such records
shall be maintained in accordance with generally accepted accounting p1inciples and shall be
clearly identified and readily accessible. Contractor shall provide free access to such books and
records to the representatives of City or its designees at all proper times , and gives City the right
to examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data , documents , proceedings and activities related to this Agreement.
Such records, together with supporting documents, shall be kept separate from other documents
and records and shall be maintained for a period of tlu·ee (3) years after Contractor receives final
payment from City for all services required under this agreement.
11. Changes. No changes or vaiiations of any kind are authorized without the written consent of
the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ALEX CORBALIS ,
RECREATION AND COMMUNITY SERVICES DEPARTMENT
In witness thereof, the paiiies have executed this Agreement the day and year first w1itten above.
CONTRACTOR: CITY OF CUPERTINO:
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
100-63-623-700-702 $4500
DATE
DATE
(J --
City of Cupertino -Sho11 Fonn Agree ment -4/20 15
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide CHINESE BRUSH PAINTING INSTRUCTION in, but not limited
to, the following programs:
ONE 2-HOUR CLASS PER WEEK
Location and Time of CONSULTANT Services:
Refer to the SENIOR CENTER NEWSLETTER 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: 6
Maximum: 24
If less than the required minimum number of participants enroll in and pay for a paiiicular class as identified
in the schedule before the class is scheduled to staii, the City may cancel the paiiicular class and/or tenninate
this Agreement without additiona l notice or payment to Consultant.
Performance of CONSULTANT Services:
City shall have no right of control as to the mam1er Consultant perfonns the services to be perfo1111ed.
Neve1iheless, City may, at any time, observe the manner in which such services are being perfonned by the
consultant.
The Consultant shall follow all guidelines pe1iaining to registration procedures as listed in the quaiierly
recreation schedu l e. Paiiicipants may not take part in the program unless they are listed on the class roster or
can show proof of enrollment. All pmiicipants and vo lunteers need to complete the City 's Waiver of
Liability fonn prior to taking pa1i in the program. Contractors are responsible for supervising minors after
class until a parent of legal gum·dian has arrived.
In the event of an injury occun-ing to a paiiicipant , the Consultant will notify the City within 1 hour and
complete an Incident Rep01i in the fo1111 approved by the City . The Incident Rep01i must be submitted to the
City within 24 hours of the injury occurring.
City of Cupenino -Shon Fann Agreement -412015