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17-001 Deborah Hall NO. o 6 FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DEBORAH HALL FOR CRAFTING INSTRUCTION THIS AGREEMENT,is by and between CITY OF CUPERTINO,a municipal corporation (hereinafter referred to as"City"),and DEBORAH HALL,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: CRAFTING 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:TWO HUNDRED DOLLARS PER 4 WEEK CLASS SESSION.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.STUDENTS WILL SUPPLY COURSE MATERIALS.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-FOUR HUNDRED DOLLARS($2,400). 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 another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent i FY 2017/2018 Short Form Agreement less than$5,000 1 I I from City is obtained,only those people whose names are listed in this Agreement shall be used in the performance of this Agreement. 3. ASSIGNMENT: Consultant may not assign,transfer,or subcontract this Agreement or any portions thereof, without prior written consent of City. 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: L Workers' Compensation:Statutory coverage as required by the State of California. ii. Liability: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 requirements set forth in City's written notice of default, and in addition to any other remedy available to FY 2017/2018 Short Form Agreement less than$5,000 2 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 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 IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed. CONSUL - -" CITY OF CUPERTINO A Municipal Corporation s By: DEBORAH ALLXitle- JUSTIN CECIL Title: INSTRUCTOR RECREATION COORDINATOR Date: Date: Oq A( Z+17 RECOMMENDED FOR APPROVAL: By. JEFFREY S.MILKES Title: DIRECTOR,RECREATION &COMMUNITY SERVICES APPROVED AS TO FORM: U" RANDOLPH STEVENSON HOM CITY ATTORNEY ATTEST: RACE SCHMIDT CITY CLERK EXPENDITURE DISTRIBUTION: Account No: 100-62-623-700-702 Amount: $2,400 FY 2017/2018 Short Form Agreement less than$5,000 5 EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide CRAFTING INSTRUCTION in,but not limited to,the following programs: BEADING BEGINNING:ONE TWO HOUR CLASS WEEKLY KUMIHIMO BEGINNING: ONE TWO HOUR CLASS WEEKLY Location and Time of CONSULTANT Services: Refer to the Recreation Schedule dated JULY/AUGUST 2017 (PUBLISHED 6/26/17); 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: 4 Maximum: 20 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 CERTIFICATE NO.: 636386507546685536 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: Deborah Hall TYPE: Arts And Crafts(Various) LOCATION: Cuperitno 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: DATE ISSUED: 08/18/2017 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, Employees, Agents and Volunteers For Certificate No.: 636386507546685536 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — 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" required by a contract or agreement, the most we caused, in whole or in part, by 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. Required by the contract or agreement; or 1. In the performance of your ongoing operations; 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 O Insurance Services Office, Inc., 2012 Page 1 o€1 CSAA Insurance Exchange Automobile Policy Declarations P.O.Box 22221 Oakland,CA 94623-2221 Please keep with your policy.See Important Notice on reverse. Insurance For questions or changes call:(800)922-8228 Page 1 of 1 1.Name and Address of Insured Z Declarations Renewal Certificate Process 11-29-2016 �Illnlllllnllllll���l�llrlllnlul�lr�ll,l,IIII„III�I��lllll O Type Date +x DEBORAH HALL Q Policy Insured O From 12:01 A.M.Standard Time at the address of the zNamed Insured,but not prior to the time applied Your 01-02-2017 for or,if this is a replacement declarations,not V Policy prior to the time coverage change was requested. zi Period To 0 12:01 A.M.Standard Time at the address of the a 01-02-2018 Named Insured. Alternate Address Occupation Alternate Number Telephone Number Health Care Professional (999)894-5206 Item Make Model Yr Body Type Vehicle Identification No. Name Ln 1 Ln Drivers DEBORAH UJ do not VW necessarily _ > correspond LU re to principally > p operated vehicles. Coverage Liability Limits Item 1 ........Person _.____...._. ..___.................................... Each Person Each Occurrence Deductible Premium Deductible Premium Deductible Premium Deductible Premium Bodily Injury Total Premium: $ Total Premium shown is for the Member AdvantageTm Program. EXCLUSIONS There is no coverage provided by this Policy while the following individual(s)operate a motor vehicle: None Schedule of Changes LA W Q Z Q V 55 150012 15 11-29-2016 05225 0210 (Continued on back) Lem Rated Driver Dnv SafetyRecord YrsDriv Exp Prior Ann Miles Future Ann Miles Veh Garage Zip Vehicle Usage Gender Marital 1 DEBORAH HALL 0 Pt 49 13,000 Mi 13,000 Mi 94536 Commute F S LU See final page for explanation Ln of codes. LU C N z Discounts: '::� Mature Driver:None. Multi Car:None. u Good Driver:Item(s) 1. New Driver:None. oMulti Policy:None. Good Student:None. N your Insurance Agent N Paul T Osegueda LA (510)360-3360 J s' IMPORTANT NOTICE:THIS IS A PART OF YOUR DECLARATIONS The insurance afforded is only with respect to such of the preceding coverages as are indicated by specific premium charge or charges.The limit of the Exchange's liability under each such coverage shall be as stated herein, subject to all the terms of the policy. The purpose for which the automobile is to be used is pleasure or business, subject to the exclusions in the policy, including the exclusion for wholesale and retail delivery. RENEWAL CERTIFICATE-Extends this policy for the period shown under Policy Period upon payment of the premium. AMENDED DECLARATIONS-In consideration of the premium adjustment indicated herein this policy is hereby amended only with respect to such changes as are indicated in the schedule of changes.The limit of the Exchange's liability under such amended coverage shall be as stated herein. LOSS PAYEE(S)-Any loss under Physical Damage coverages is payable as interest may appear to the named insured and the Loss Payee in accordance with the loss payable agreement. RATING INFORMATION DISCLOSURE EXPLANATION (From Discounts/Messages Section on Previous Page) ITEM (ITEM NUMBER): Item number is the number assigned to the vehicle shown on the Declarations. RATED DRIVER: The driver assigned to a vehicle whose attributes(e.g., years driving experience, driving safety record, gender, and marital status)are used to develop the premium. DRIV SAFETY RECORD(DRIVING SAFETY RECORD):The total number of points assessed the driver for "principally at fault chargeable accidents" with or without injury and/or vehicle code violation convictions(tickets).A "principally at fault chargeable accident" occurs when the driver of a vehicle is at least 51% at fault for an accident and the total monetary damages(whether paid or not)in the accident exceed: • $750 or the accident resulted in death for losses occurring prior to 12/11/11 • $1,000 or the accident resulted in death for losses occurring 12/11/2011 or after Additional information on the number and types of incidents can be provided on request. Carriers use different point count systems for rating purposes.The number of points shown on your declarations would not necessarily match the number of points assigned by another carrier. YRS DRIV EXP(YEARS DRIVING EXPERIENCE): The number of years a driver has been licensed to drive a motor vehicle anywhere in the world. However, a driver must have at least 18 months current driving experience in the United States, U.S.Territories, or Canada, before foreign country driving experience can be counted. PRIOR ANN MILES(PRIOR ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle was driven during the year just past. FUTURE ANN MILES(FUTURE ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle will be driven in the coming year. VEH GARAGE ZIP(VEHICLE GARAGED ZIP CODE):The ZIP code of the location where the vehicle is garaged. VEHICLE USAGE: Vehicles are assigned to one of five usage designations: Business Use,Work Commute, Farm Use, Farm Business Use or Pleasure. GENDER: "M" stands for Male and "F" stands for Female. MARITAL(MARITAL STATUS): "M" stands for Married, and "S" stands for Single. DISCOUNTS: A reduced rate applies for each Discount listed. 55 1500 12 15 11-29-2016 05226 0210 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 class type 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. day of , 20 , California. PRINT N ___ - SIGNATURE