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17-001 Christian Schwarz e7l0) g — AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CHRISTIAN SCHWARZ FOR NATURAL HISTORY INSTRUCTION THIS AGREEMENT,is by and between CITY OF CUPERTINO,a municipal corporation (hereinafter referred to as"City"),and CHRISTIAN SCHWARZ,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:Youth Dance Instruction.Services are further described in Exhibit"A". B. TERM. The term of this Agreement shall commence on 12/18/2017,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:$1,049.00/class taught.Each class includes four 2-hour class plus two 3-hour field trips.The total compensation to the Consultant shall not exceed$2,098.00. D. EXHIBITS. The following attached exhibits hereby are made part of this Agreement: ® EXHIBIT A-Scope of Services ® EXHIBIT B-Acknowledgement of Mandated Reporting Requirements, Receipt of Training,and Receipt of Penal Code Statutes.Required for any consultant working with minors. ® EXHIBIT C-City of Cupertino,Consultant Declaration.Required for any consultant working with minors. 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 E 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. i 3. ASSIGNMENT: Consultant may not assign,transfer,or subcontract this Agreement or any portions thereof, without prior written consent of City. 4. ACKNOWLEDGEMENT OF MANDATED REPORTING REOUIREMENTS: Mandatory Reporting and Fingerprinting,and Consultant shall comply with the requirements of California Penal Code 11164-11174.3 and as set forth in Exhibit'B" which is attached hereto and incorporated herein by this reference. 5. FINGERPRINT&TUBERCULOSIS(TB)CONSULTANT DECLARATION: Consultant agrees that all individuals covered under this Agreement shall provide fingerprints for criminal background test purposes and results of TB screening,pursuant to the requirements as set forth in Exhibit"C"which is attached hereto and incorporated herein by this reference. 6. 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. 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. 7. 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 1 i I I i 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. CHANGES: No changes or variations of any kind are authorized without the written consent of the City. 14. 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. 15. AGREEMENT COORDINATOR: The Agreement Coordinator and representative for CITY shall be:Barbara Banfield,Recreation Coordinator,Recreation&Community Service Department. // // s // // // // i f i i I. i I i IN WITNESS,WHEREOF,the parties have caused the Agreement to be executed. CHRISTIAN SCHWARZ CITY OF CUPERTINO A Municipal Corporation — J By: CHRISTIAN SCHWARZ By: BARBARA BA IELD Title: NATURAL HISTORY INSTRUCTOR Title: RECREATION COORDINATOR Date: I �C Date: 2o' RECOMMENDED FOR APPROVAL: By: CHRISTINE HANEL Title: ASSISTANT DIRECTOR,RECREATION& COMMUNITY SERVICES APPROVED AS TO FORM: V RANDOLPH STEVENSON HOM U CITY ATTORNEY ATTEST: e GRACESCHMIDT CITY CLERK EXPENDITURE DISTRIBUTION: Account No: 580-63-620-700-702 Amount: $2098.00 i t I I EXHIBIT A CONSULTANT SERVICES TO BE PERFORMED The CONSULTANT will provide NATURAL HISTORYINSTRUCTION in,but not limited to,the following programs: ECOLOGY OF LOCAL FUNGI&INTRODUCTORY MUSHROOM IDENTIFICATION Location and Time of CONSULTANT Services: Refer to the Recreation Schedule dated FALL17-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: 12 Maximum: 15 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. Consultants are responsible for supervising minors after class until a parent of legal guardian has arrived. 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 EXHIBIT B ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS,RECEIPT OF TRAINING,AND RECEIPT OF PENAL CODES STATUTES A mandated reporter is an individual who is obligated by law to report suspected cases of child abuse and neglect. In general,any individual who,in the ordinary course of their employment,has contact with children is a mandated reporter. Mandated reporters include child care workers,teachers and coaches. (California Penal Code 11165.7). If your job duties as an employee or an independent contractor of CHRISTIAN SCHWARZ include contact with children,you are a Mandated Reporter. Prior to commencing employment and as a prerequisite of that employment,California law requires that you sign a statement to the effect that you have knowledge of the provisions of the Mandated Reporter Law,and will comply with those provisions. (California Penal Code 11166.5). The following are the Mandated Reporter responsibilities under California law. You are also being provided with a separate informational document which includes the text of the California Mandated Reporter Law and contact information for Child Abuse and Neglect Reporting for the County of Santa Clara.Please review this information carefully and acknowledge your receipt and understanding where indicated. If you have questions or concerns about this form or your Mandated Reporter responsibilities, please contact the Recreation Supervisor at 408-777-3120. I understand that: • By virtue of my employment or independent contractor status with CHRISTIAN SCHWARZ,and because my employment requires me to have contact with children,I am a Mandated Reporter as defined by California Penal Code 11165.7. • The following situations trigger mandatory reports: a)Physical Abuse(willful harming of a child);b)Sexual abuse including sexual assault,child exploitation,pornography,and trafficking;c)Severe or General Neglect;and d)Extreme Corporal Punishment(resulting in injury). (Cal.Pen.Code 11165 et.seq.) I further understand that I may,but am not required to,report suspected Emotional Abuse. • If I reasonably suspect that a child is being abused,I must immediately make a telephone report. I must follow up with a written report within 36 hours. This report may be made to local law enforcement,or County Sheriff's Department,Probation Department or Child Welfare Agency. (Cal Pen.Code 11166(a)). • I am not required to,but I may,share information about suspected abuse with my supervisor or management or the parents of the alleged victim. I a • When I make a mandated report,I will be required to give my name. However,my identity will be kept confidential unless I either consent to disclosure or if the disclosure 1 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)). l • 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; o 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 I can be held criminally liable for failing to report suspected abuse. The penalty 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 comply. I understand that a copy of this Acknowledgement will be kept in my personnel file. CHRISTIAN SCHWARZ 0—"� By: CHRISTIAN SCHWARZ Title: NATURAL HISTORY HISTORY INSTRUCTOR Date: t7pFc—ozo IT EXHIBIT C CITY OF CUPERTINO CONSULTANT DECLARATION The undersigned does hereby certify that: 1. I am a representative of CHRISTIAN SCHWARZ;that I am familiar with the facts herein and am authorized and qualified to execute this declaration. 2. I declare that CHRISTIAN SCHWARZ 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 11105.3. 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. List of all Consultant Employees working for the City of Cupertino (if no Employees,identify"self'): self 6. The Consultant will notify the City of Cupertino in writing of any new employees and will be added to the above list prior to beginning work at the City of Cupertino. I declare under penalty of perjury that the foregoing is true and correct. CHRISTIAN SqHWARZ By: CHRISTIAN SCHWARZ Title: NATURAL HISTORY INSTRUCTOR Date: 1 �bE`/_a0 i EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 636469544267217184 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: Christian Schwarz TYPE: Academic *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, Its City Council, Boards and Commissions, Officers, Officials, Agents, Employees, Consultants 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: 11/22/2017 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): City of Cupertino, Its City Council, Boards and Commissions, Officers, Officials, Agents, Employees, Consultants and Volunteers For Certificate No.: 636469544267217184 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' 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. 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 i 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_Naturalist_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 12 day of—December—,2017, at Santa Cruz_, California. Christian Schwarz PRINT SIGNATURE I i i I i i GEICO GEICO GENERAL INSURANCE COMPANY Washington DC VERIFICATION OF COVERAGE (SEE BELOW UNDER CAUTIONARY NOTE) INSURED Policy Number: Effective Date: 12-04-17 CHRISTIAN SHWARZ Expiration Date:06-04-18 To whom it may concern: This letter is to verify that we have issued the policyholder coverage under the above policy number for the dates indicated in the effec- tive and expiration date fields for the vehicle listed. This should serve as proof that the below mentioned vehicle meets or exceeds the financial responsibility requirement for your state. This verification of coverage does not amend,extend or alter the coverage afforded by this policy. Vehicle Year: Make: Model: VIN: COVERAGES LIMITS DEDUCTIBLES Bodily Injury Liability $15,000/$30,000 Property Damage Liability $25,000 uninsured &underinsured Motorists $15,000/$30,000 UNINSURED MOTORIST PROPERTY DAMAGE Insured Rejects Non-Ded Lienholder _Additional Insured Interested Party Additional Information: Issued 1211312017 If you have any additional questions, please call 1-800-841-3000. CAUTIONARY NOTE:THE CURRENT COVERAGES,LIlYHTS,AND DEDUCTIBLES MAY DIFFER FROM THE COVERAGES,LIDIITS,AND DEDUCTIBLES IN EFFECT AT OTHER TMIES DURING THE POLICYPERIOD.THIS VERIFICATION OF COVERAGE REFLECTS THE COVERAGES,LaRTS AND DEDUCTIBLES AS OF THE ISSUED DATE OF TIES DOCUBIENT R'HICH IS SHORN UNDER"ADDITIONAL INFORMATION"OR IFAN ISSUED DATE IS NOT SHORN,THE DATE OF THIS FACSINuLE. U-33 10-07