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17-001 Mau Truong NO. FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MAU TRUONG FOR ADULT FITNESS INSTRUCTION THIS AGREEMENT is by and between CITY OF CUPERTINO,a municipal corporation (hereinafter referred to as"City"), and MAU TRUONG,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:Adult Fitness Instruction.Services are further described in Exhibit"A". B. TERM. The term of this Agreement shall commence on 9/16/2017,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:65%of resident fees and drop-in passes. The total compensation to the Consultant shall not exceed$3000.00. 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 from City is obtained,only those people whose names are listed 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. FY 2017/2018 Short Form Agreement less than$5,000 1 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. i' A. COVERAGE: Consultant shall maintain the following insurance coverage: L Workers'Compensation:Statutory coverage as required by the State of F California. r ii. Liability:Commercial general liability coverage,including sexual abuse and molestation coverage,in the following minimum limits: 1. Bodily Injury: $500,000 each occurrence f $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 i 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 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. FY 2017/2018 Short Form Agreement less than$5,000 2 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. 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. FY 2017/2018 Short Form Agreement less than$5,000 3 13. AGREEMENT COORDINATOR: The Agreement Coordinator and representative for CITY shall be:Karen Levy,Recreation Coordinator,Recreation&Community Service Department. IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed. MAU TRUONG CITY OF CUPERTINO A Municipal rporation By: MAU TR NG By: KAREN LEVY Title: FITNESS INSTRUC R Title: RECREATION COORDINATOR Date: r , 0 Date: RECOMMENDED FOR APPROVAL: By: JEFFREY S.MILKES Title: DIRECTOR,RECREATION&COMMUNITY SERVICES APPROVED AS TO FORM: RANDOLPH STEVENSON HOM CITY ATTORNEY ATTEST: s GRACE SCHMIDT CITY CLERK EXPENDITURE DISTRIBUTION: Account No: 580-63-620-700-702 Amount: $3000.00 FY 2017/2018 Short Form Agreement less than$5,000 4 i I EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide ADULT FITNESS INSTRUCTION in,but not limited to,the following programs: THERAPEUTIC BREATHING METHODS(QIGONG) THERAPEUTIC STRETCHING&BREATHING Location and Time of CONSULTANT Services: Refer to the Recreation Schedule dated FALL 17-SPRING 18 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: 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: In the case Consultant unilaterally cancels performance of a class,camp or activity without City approval, City reserves the right to immediately and without notice cancel the remainder of programs offered by 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. . 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. i FY 2017/2018 Short Form Agreement less than$5,000 5 i 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 fitness 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 , 2017, at �alifornia. PRINT NAME IGNATURE Effective date of this Endorsement: 2017-09-05 This Endorsement is attached to and forms a part of Policy Number: #LRAFVTX16AOM City of Cupertino, It's City Council,Boards and Commissions,Officers,Officials,Agents,Employees,Consultants&Volunteers Referred to in this endorsement as either the "Insurer" or the "Underwriters" ADDITIONAL INSURED ENDORSEMENT FOR LANDLORDS SPONSORS OR LESSORS This endorsement modifies insurance provided under the following: SPECIFIED MEDICAL PROFESSIONAL GENERAL LIABILITY AND PRODUCTS/COMPLETED OPERATIONS LIABILITY INSURANCE In consideration of the premium charged for the Policy, it is hereby understood and agreed that with respect to General Liability coverage only: 1. Clause II. PERSONS INSURED is amended by the addition of the following: Any landlord, owner, or property manager of the Designated Premises; or any tradeshow or convention sponsor or operator. However, coverage provided for purposes of this endorsement, shall apply solely: a. to Claims first made against the Insured during the Membership Period or any Extended Reporting Period, if purchased; b. for Claims arising out the Named Insured's occupancy of, or failure to maintain the Designated Premises, but solely with respect to the products, goods or operations of the Named Insured and only if liability for such Claim is determined to be solely the negligence or responsibility of the Named Insured; and c. for Occurrences at, on or upon that portion of the Designated Premises which is occupied by the Named Insured and taking place during the term of the Named Insured's lease/occupancy of such Designated Premises. Provided, however, that coverage afforded to the landlord, owner or property manager of the Designated Premises, shall not apply to: (i) Any Occurrence or Accident which takes place after the Named Insured ceases to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on behalf of the landlord, owner or property manager of the Designated Premises; (iii) Bodily Injury, Property Damage or Advertising Liability arising out of the sole negligence of the landlord, owner or property manager of the Designated Premises, unless covered under paragraph b. above; (iv) Bodily Injury, Property Damage or Advertising Liability arising out of the claimed negligence of the landlord, owner or property manager of the Designated Premises other than directly caused by the Named Insured's work in the ownership, maintenance or use of that part of the premises leased to the Named Insured which shall be imputed to the landlord, owner or property manager of the Designated Premises; or (v) Bodily Injury, Property Damage or Advertising Liability to any employee of the Named Insured or to any obligation of the landlord, owner or property manager of the Designated Premises, to indemnify another because of Damages arising out of such injury. 2. Clause V. DEFINITIONS is amended by the addition of the following: "Designated Premises" means all premises leased or rented to the Named Insured, or premises temporarily occupied by the Named Insured with permission of the owner, for a tradeshow or convention. All other terms and conditions of this Policy remain unchanged. Authorized REpresentafrve Page 2 of 2 ACC>R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 09/05/2017 PRODUCER Insurance Plus 800-222-1110 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of New York, Inc., Brookfield Place 200 Libert HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Street, 6th Floor New York, NY 10281 L, INSURERS AFFORDING COVERAGE hAIC # INSURED INSURER A- Aspen 10717_.... ..0 _.---... ......--- --....... . . _. Mau Truong S1.pecialty Insu-rance Claims:Report all claims to Massage Magazine Insurance Program via e-mail at Profess ionalLia bilityClaims@aspen-insurance.com COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TJIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _._...... ... ........... . .............. ........ 3NSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION 7 IN R4 TYPE OF INSURANCE POLICY NUMBER DATE fAMIDD/YYYY DATE EX .,D LIMITS GENERAL LIABILITY EACH OCCURRENCE I S 2,0.00,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED -_- -- - #LRAFVTX16AOM PREMISES(Ea occurrence) 5100,040 CLAIMS MADE X OCCUR° 09/05/2017 09/05/2018 MED EXP(Any one person) S NIA A PERSONAL,&.ADV INJURY $2-000.000 GENERAL AGGREGATE S 1000,000 X GE V L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGG $2000000 X POLICY - LOC 91,004 5254 AUTOMOBILE LIABILITY - `-- COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) ....................... ......_...... . ....__............_._._._..__........... HIRED AUTOS --— BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY-Eft ACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY; AGG 5 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ _........._..— ---....- OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION S _.,... i9 WORKERS COMPENSATION : WC STATU- IOTH-: AND EMPLOYERS'LIABIUTYY!N __.TORYUMITS'__.__.ER +_ ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERWEMBER EXCLUDED? _ E_LEACH ACCIDENT (Mandatory in NH) ❑ If yes,dory be under E L,DISEASE EA EMPLOYEE$ SPECIAL PROVISIONS bel-_� E-L.DISEASE-POLICY LIMIT S A OTHER Professional Liao€ity 2,000,000 per occurrence 153,000.000 annual 09/05/2017 09/05/2018 aggregate #LRAFVTX16AOM DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Cupertino,its City Council, boards and commissions,officers,employees,and volunteers are named additional insureds for the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino, Its City Council, boards and commissions, DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL so DAYS WRITTENofficers,employees,and volunteers NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Cupertino,CA 95014 Torre Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR CuperREPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) @ 1988-2009 ACORD CORPORATION. All rights reserved. INS025(244941) The ACORD name and Joao are registered marks of ACORD CSAR Insurance Exchange Automobile PolicyDeclarations P.O.Box 22221 Oakland,CA 946232221 Please keep with your policy.See Important Notice on reverse. Insurance Oakland, For questions or changes call:(800)922-8228 Page 1 of 1 1.Name and Address of Insured I lull I tllh I t I t n 111 I L 1 I n 1 I 1 1 I u l l O Type pearadons Renewal Certificate oaf e 07-12-2017 I I I 111111 Inn III I II I II I I I I MAU N TRUONG Q Polley 2013 Z Named Insured•but not prior to the time applied Your 08-16_2017 for or,if this is a replacement declarations,not V Policy prior to the time coverage change was requested. J Period To 0 1201 A t 1.Standard Time at the address of the CL 08-16-2018 Named Insured. Alternate Address Occupa tion Alternate Number Telephone Number Engineer/Scientist Item Make Model Yr Body Type Yehrcle fdentif.•cation No. Name W 1 w necessarily Sherry _ ? correspond W W toprindpaliv Yung > a operated vehicles. Coverage ... Liability Limits ....._......Item,i.........................Item - EXCLUSIONS There is no coverage provided by this Policy while the following individual(s)operate a motor vehicle: None ---------------------------------- Schedule of Changes --- __---- _— -- H W W Z Q U 55 150012 15 07-12-2017 05474 0210 (Continued on back) i I See final page L for explanation W of codes. H z Discounts: U:3 Mature Driver:None. Multi Car:Item(s)1,2. Good Driver:Item(s)1,2. New Driver:None. a Multi Policy home condo:Item(s)1,2. Good Student:None. You may qualify for other products LU LU and discounts.For more info call a your Insurance Agent LA o Phillip Benjamin ...I l (408)551-4941 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 17 15 07-12-2017 05475 0210 J, I ..._._.._...._KEEP THIS COPY IN YOUR VEHICLE Effective Date;08/16/17 Expiration Date;08/16/18 Policy Number! __........___ _.._.._..._.__.. ......_...._ This insurance complies With Ct1C 916056 or§15500.5 ...---.......__ __�_....._ part Foi'rcy important!This insurance;dentfica'ion card is not art o= our and?s va!iv only while your policy s i^,force and your premiums are paid. 55 0035 0717 CSAA Insurance Exchange I NAIL#15539 nce P.0-Box 22221,Oakland,CA 34623-2221 CA nsurance Identifications Insured; Mau N Truong Yung Truong 1 i i r i I