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17-001 Paul Davis r NO. 0 27 0 FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAUL DAVIS FOR BRIDGE INSTRUCTION THIS AGREEMENT,is by and between CITY OF CUPERTINO,a municipal corporation (hereinafter referred to as"City"),and PAUL DAVIS,a CALIFORNIA SOLE PROPRIETORSHIP,whose address is (hereinafter referred to as"Consultant"),and is made with reference to the following: A. SCOPE OF SERVICES. Contractor shall provide or furnish the following specified services and/or materials:BRIDGE INSTRUCTION.Services are further described in Exhibit"A". B. TERM. The term of this Agreement shall commence on 9/1/2017,and shall terminate on 6/30/2018,unless terminated earlier as set forth herein. C. COMPENSATION. Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth below and as described in Exhibit"A"which is attached hereto and incorporated herein by this reference. Compensation shall consist of the following:EIGHTY PERCENT(80%)OF REVENUE PER STUDENT.A TWENTY-FIVE($25)DOLLAR ADMINISTRATION FEE WILL BE DEDUCTED FROM THE FIRST PAYMENT.CONSULTANT SHALL PROVIDE ALL TEACHING SUPPLIES SUCH AS,BUT NOT LIMITED TO,DRY ERASE MARKERS,ERASERS,AND HANDOUTS.CONSULTANT PAYS FOR COPY SERVICE AT THE SENIOR CENTER AT$0.10 PER PAGE.The total compensation to the Consultant shall not exceed TWO THOUSAND FIVE HUNDRED DOLLARS($2,500). D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: N EXHIBIT A-Scope of Services GENERAL TERMS AND CONDITIONS 1. HOLD HARMLESS: Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement,indemnify,defend,and hold harmless 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 them,including any injury to or death of any person or damage to property or other liability of any nature,whether physical, emotional,consequential or otherwise, arising out,pertaining to,or related to the performance of this Agreement by Consultant or Consultant's employees, officers,officials,agents or independent contractors. 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. In addition to the obligations set forth above,Consultant shall indemnify,defend, and hold the City,its elected and appointed officers,employees,and volunteers,harmless from and against any Claim in which a violation of intellectual property rights,including but not limited to copyright or patent rights, is alleged that arises out of,pertains to,or relates to Consultant's negligence,recklessness or willful misconduct under this Agreement. 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. 2. SUBCONTRACTING: Consultant has been retained due to their unique skills and Consultant may not substitute FY 2017/2018 Short Form Agreement less than$5,000 1 i 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 in this Agreement shall be used in the performance of this Agreement. i 4 3. ASSIGNMENT: Consultant may not assign,transfer,or subcontract this Agreement or any portions thereof, j without prior written consent of City. i 4. INSURANCE: On or before the commencement of the term of this Agreement,Consultant shall furnish City with certificates showing the type, amount, class of operations covered,effective dates and dates of expiration of insurance coverage in compliance with the paragraphs below. Such certificates,which do not limit Consultant's indemnification,shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage shall provide thirty(30)days' advance written notice to the City of Cupertino by certified mail,Attention:City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: i. Workers'Compensation:Statutory coverage as required by the State of California. ii. Liabili :Commercial general liability coverage,including sexual abuse and molestation coverage,in the following minimum limits: 1. Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other 2. 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. iii. Automotive:Proof of automobile insurance required at the California statutory minimums. 5. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance,Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City,on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein,a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 6. TERMINATION OF AGREEMENT: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder,Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the FY 2017/2018 Short Form Agreement less than$5,000 2 i I requirements set forth in City's written notice of default,and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof,which shall be effective immediately.The City Manager shall also have the option,at its sole discretion and without cause,of terminating this Agreement by giving seven(7)calendar days'prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. 7. NON-DISCRIMINATION: Contractor shall not discriminate against a job applicant, employee,City employee,or a citizen on the basis of race, color,national origin,ancestry,religion,gender,sexual orientation or other protected class of such person. 8. INTEREST OF CONSULTANT: It is understood and agreed that this Agreement is not a contract of employment and,at all times, Consultant shall be deemed to be an independent Consultant and Consultant 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 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.Consultant 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: Consultant, at his/her sole expense,shall obtain and maintain during the term of this Agreement, all appropriate permits,certificates,and licenses including,but not limited to,a City Business License, that may be required in connection with the performance of services hereunder. 10. REPORTS AND RECORDS: Each and every report,draft,work product,map,record and other document,hereinafter collectively referred to as"Report",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,information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report 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 information required by City that relate to the performance of services under this Agreement,in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles 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 three(3)years after Contractor receives final payment from City for all services required under this agreement. FY 2017/2018 Short Form Agreement less than$5,000 3 I 11. CHANGES: No changes or variations of any kind are authorized without the written consent of the City. 12. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. Contractor shall obtain a Cupertino Business License and further comply with the City's Minimum Wage Ordinance as set forth in Cupertino Municipal Code Chapter 3.37. 13. AGREEMENT COORDINATOR: The Agreement Coordinator and representative for CITY shall be:JUSTIN CECIL,RECREATION COORDINATOR,Recreation&Community Service Department. // // // // // FY 2017/2018 Short Form Agreement less than$5,000 4 i IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT NAME CITY OF CUPERTINO A Municipal Corporation 0 By: PAUL DAVIS By: STIN CECIL Title: INSTRUCTOR Title: RECREATION COORDINATOR Date: " 2 i 1-7 Date: Q111 1 LO RECOMMENDED FOR APPROVAL: By: JEFFREY S.MILKES Title: DIRECTOR,RECREATION &COMMUNITY SERVICES APPROVED AS TO FORM: V-� RANDOLPH STEVENSON HOM CITY ATTORNEY ATTEST: 01�V' GRACE SCHMIDT l —2-2--/7 -Z2—f CITY CLERK EXPENDITURE DISTRIBUTION: Account No: 100-62-623-700-702 Amount: $2,500 i i FY 2017/2018 Short Form Agreement less than$5,000 5 EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide BRIDGE INSTRUCTION in,but not limited to,the following programs: BRIDGE ADVANCED BEGINNING:ONE TWO HOUR CLASS WEEKLY. Location and Time of CONSULTANT Services: Refer to the Recreation Schedule dated SEPTEMBER/OCTOBER 2017 (PUBLISHED 8/14/17); NOVEMBER/DECEMBER 2017 (PUBLISHED 10/23/17); JANUARY/FEBRUARY 2018 (PUBLISHED 12/18/17); MARCH/APRIL 2018 (PUBLISHED 2/16/18); MAY/JUNE 2018 (PUBLISHED 4/2018),for agreed upon dates,times,and class locations. By the mutual agreement of both parties,class schedule may change. Eligible Participant Minimum and Maximums for CONSULTANT Services: Minimum: 5 Maximum: 13 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: 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. In the event of an injury occurring to a participant,the Consultant 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. FY 2017/2018 Short Form Agreement less than$5,000 6 EVANSTON INSURANCE COMPANY i CERTIFICATE NO.: 636391707287812976 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY(ADDITIONAL INSURED) Alliant Insurance Services,Inc.in conjunction with City of Cupertino Apex Insurance Services P.O.Box 6450 Newport Beach,CA 92658 License No: OC 36861 NAMED INSURED(EVENT HOLDER): EVENT INFORMATION: Paul Davis TYPE: Card Game(Various) LOCATION: Cupertino Senior Center,21251 Stevens Creek Blvd,Cupertino,CA 95014 *Liquor Liability Yes No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named(event holder)for the policy period indicated. The insurance described herein is subject to all the terms,exclusions and conditions of such policy(ies)unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41023 MASTER POLICY DATES: EFFECTIVE: JANUARY 1,2017 EXPIRATION:JANUARY 1,2018 COMMERCIAL GENERAL LIABILITY General OCCURRENCE FORM DEDUCTIBLE: NONE Aggregate Limit $2,000,000 Products&Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal&Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You(Any One Premises) 100,000 Certificate Of Insurance: Medical Payments(Any One Person) 5,000 MEGL1643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,00053,000,000 ❑ $2,000,00052,000,000 Property Damage(If purchased) No Property Damage Coverage The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS City of Cupertino, It's City Council, Boards and Commissions, Officers, Employees, and Volunteers CANCELLATION: Should the above described policy be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: Q DATE ISSUED: 08/24/2017 POLICY NUMBER: SEP41023 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Per each Certificate Of Insurance, as applicable City of Cupertino, It's City Council, Boards and Commissions Officers, Officials, Agents, Employees, Consultants and Volunteers For Certificate No.: 636391707287812976 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" caused, in whole or in art, b required by a contract or agreement, the most we p y your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Questions about your Policy? Policy Number: Report a Claim: A02- - = Liberty I 268 424526 40 7 8 11 800-2CLAIMS or Mutual. Call 1-408-577-1 191 or 1-800-660-0351 LibertyMutual.com/claims INSURANCE ACTION REQUIRED: PLEASE REVIEW AND KEEP FOR YOUR RECORDS. Policy Declarations Total Annual Premium: $ 1 ,412.50 Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable. Insurance Information Named Insured: Paul Davis Policy Number: A02-268-424526-40 7 8 Mailing Address: standard time at the address of the Named Insured Declarations Effective: 09/15/2017 Affinity Affiliation: SF State Alumni Association Vehicles Covered by Your Auto Policy YEAR MAKE MODEL VEHICLE ID NUMBER 1 Driver Information NAME STATE GENDER MARITAL STATUS 1 Paul Davis CA M M 2 '�' To ensure proper coverage, please contact us if any information in your policy declaration is inaccurate. DRIVING RECORD POINTS: VIOLATION POINTS ACCIDENT POINTS VEH 1: 0 0 VEH 2: 0 0 DISCOUNTS AND BENEFITS SECTION Your discounts and benefits have been applied to your Total Annual Policy Premium. Vehicle Discounts Anti-Lock Braking System AUTO 3079 05 16 THIS IS NOT YOUR AUTO INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 1 of 4 Want to Add a Coverage? Policy Number: Report a Claim: Liberty Call 1-408-577-1191 or ( A02-268-424526-40 7 8 I 1-800-2CLAIMS or Mutual. 1-800-660-0351 to talk to your LibertyMutual.com/claims INSURANCE agent about the availability of this coverage and whether it meets your needs. DISCOUNTS AND BENEFITS SECTION continued Vehicle Discounts (continued) VEH 1 VEH 2 Passive Restraint - Requires Med Pay • (Motorized Seat Belts and/or Air Bags) Anti-Theft Device(s) Policy Discounts •Alumni Association •Account Discount •Good Driver •Multi-Car • Elite Driver •Accident Free Discount •Minor Violation Free Discount Coverage Information Your total annual policy premium for all covered vehicles is shown below. A premium is shown for each type of coverage you have purchased for each vehicle. Where no premium is shown, you have not purchased the indicated coverage for that vehicle. COVERAGE LIMITS PREMIUM PER VEHICLE Bodily Injury $ 250,000 Each Person Yes Yes $ 500,000 Each Accident Property Damage $ 50,000 Each Accident B. Medical Payments $ 5,000X Each Person $6 $9 C. Uninsured Motorists Uninsured Motorists $ 100,000 Each Person $40 $63 Bodily Injury $ 300,000 Each Accident D. Coverage for Damage to Your Auto Collision $195 $402 Actual Cash Value Less Deductible Shown Veh 1 $1000/Waiver Veh 2 $1000/Waiver AUTO 3079 05 16 THIS IS NOT YOUR AUTO INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 2 of 4 Want to Add a Coverage? Policy Number: Report a Claim: Liberty Call 1-408-577-1191 or I A02-268-424526-40 7 8 I 1-800-2CLAIMS or lftMutual. 1-800-660-0351 to talk to your LibertyMutual.com/claims INSURANCE agent about the availability of this coverage and whether it meets your needs. Coverage Information continued COVERAGE LIMITS PREMIUM PER VEHICLE D. Coverage for Damage to Your Auto (continued) Other Than Collision $36 $77 Actual Cash Value Less Deductible Shown Veh 1 $1000 Veh 2 $1000 Special Purpose Assessment Surcharge*: $1.75 $1.75 *Per California Insurance Code, special purpose assessment charges are broken down as follows on an annual basis: 1872.8 ($1/vehicle), 1872.81 ($0.25/vehicle), and 1874.8 ($0.50/vehicle). Total of $1.75/vehicle. [Annual Premium Per Vehicle: $521.75 $890.75 Total Annual Policy Premium 1,412 5Q Additional Coverages and Products Available* We've reviewed your policy and have identified additional optional coverages and products that can add valuable protection. Talk to your agent about purchasing the following coverages and products and whether they meet your needs. • Better Car Replacement: Totaling your car hurts. We'll make it feel a little better. If your car is totaled, we'll give you the money for a car that's one model year newer with 15,000 fewer miles on it. • Rental Car Reimbursement: An accident shouldn't slow you down. We'll pay your rental costs for as long as it takes to fix your car when you repair it at one of our Guaranteed Repair Network shops. *These optional coverages are subject to policy provisions, limitations, and exclusions. Daily limits or a deductible may apply. For a complete explanation, please consult your agent today. Additional Information for Vehicles Covered by Your Policy ANNUAL COMMUTING PREVIOUS ANNUAL MILEAGE MILEAGE MILEAGE VEH 1: 5000 Pleasure 4200 VEH 2: 9800 Pleasure 9000 CLASS DEFINITION VEH 1: Licensed 58 years, Married Male VEH 2: Licensed 54 years, Married Female AUTO 3079 05 16 THIS IS NOT YOUR AUTO INSURANCE BILL. YOU WILL BE BILLED SEPARATELY. Page 3 of 4 Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent Bridge instructor. I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 1 OA day of q u 2017, at Y / Asn n California. PRINT NAME SIGNATURE I I. I