00-123 Rails to Trails Conservancy,.~ AGREEMENT
~~~ i - CITY OF Cl1PERTINO
10300 TorrE~ Avenue
CiTI p~ ~~ ~~ Cupertino, CA 95014
408 77'7-3200
CUPE~TlN c
NO.~j b
BY THIS AGREEMENT, made and entered into on the 14TH day of NOVEMBER , 20 00 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) RAILS TO TRAILS CONSERVANCY _ (2)
Address 26 O'FARRELL ST., STE. 400 City SAN FRANCISCO Zip 94108 Phone (415) 397-2220
(Hereinafter referred as CONTRACTOR), in consideration of their mt,tual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
SS Eg n gg ~~
TERMSEThe services and/or materials furnished under this Agreement shall commence on NOVEMBER 14, 2000
and shall be completed before i~F.CF.MB .R 9i 2000
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
NOT TO EXCEED $5,000.00 kk
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions,
Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services_
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Ag~eement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor 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.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY sr~all be:
NAME RAYMOND D. CHONG _ DEPARTMENT TuaEFTr. EidGlf•TEEFt
This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
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CITY OF CUPERTINO: _~~~
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EXPENDITURE DISTRIBUTION
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ME E,4~f / A f / TE ~,000UNT NUMBER AMOUNT
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CITY CLE51K /~ DATA
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~' t~ $5, 000.00
White: City Clerk Green: Finance Yellow: Ccntractor ink: ecei ing Gold: Department
~~~~
-to-
rt i~1L1.~J
CONSERVANCY
California
Field Office
California Field Office
26 O'Farrell Street
Suite 400
San Francisco, CA 94108
415-397-2220
FAX:415-397-2228
National Office
11005eventeenth Street, NW
10th Floor
Washington, DC 20036
202-331-9696
FAX: 202-331-9680
Web site: www.railtrails.org
~'~~ .~
E X X13 ~T A F~~~ ,,
~' ~ ~~~~ P ~'~~:
~~ Successful Strategies for Trail Development
«,
~~~ Workshop Contract
Fiscal Sponsor Organization(:s): City of Cupertino
Workshop Provider: Rails-to-Trails Conservancy, California
Field Office
Workshop Date: December 9, 2000
Workshop Tirne: One-day, 9:00 a.m. to 4:00 p.m.
Workshop Location: City of Cupertino
This contract is intended to define the relationship between the sponsor(s) (the
City) and the Rails-to-Trails Conservancy California Field Office (RTC) for the
period of time leading up to and in~~luding the "Successful Strategies for Trail
Development" workshop on December 9, 2000, hereafter referred to as "the'
workshop.". It defines the tasks and responsibilities of each party, as well as
compensation for services rendered. .
1. Sponsor Responsibilities: The City will act as the primary fiscal sponsor of
this workshop. Fiscal sponsorship entails:
(a) Payment to RTC of the agreed upon amount of $5,000 to cover RTC staff
time and workshop materi2~l provided for up to 40 participants (see
attached budget). The Cite may elect to increase participant numbers over
40. However, the City will reimburse RTC for additional direct costs
(materials) associated with each additional registrant, unless RTC has
secured additional fiscal sF~onsors (see item 2.e below).
(b) Reservation of and if nece:~sary, payment for a location to hold the
workshop.
(c) Provision of audiovisual equipment for use during the workshop. This
involves one overhead project and one slide projector or and LCD
computer project.
(d) Provision of and payment 1~or lunch and refreshments for workshop
participants.
2. RTC Responsibilities: RTC will prepare and present the workshop, provide
participants with .workshop materiels (see below) and will provide the following
administrative tasks associated with organizing the workshop:
(a) .Brochure design, printing; mailing and distribution,
(b) Registration,
(c) Compilation and reproduction of workshop notebooks and materials,
1996 Reclplent of Presidential Award
for Sustainable Development
Member of
W k ho contract. e 1 of
ors p ~ag
Earth Share_
100% Recycled Paper
(d) Facilitation of workshop modules,
(e) Identification and solicitation of additional fiscal (if additional fiscal sponsorship is
needed) and non-fscal co-sponsors.
(f) RTC will charge a nominal fee to worksh~~p participants to help cover additional RTC
staff costs and ensure better attendance by registered participants. The proposed
registration fee is 20.00 per person. It is understood that RTC will retain 100% of any
registration fees collected.
3. Payment Schedule: The sponsor will pay R~f C the following amounts on the noted
schedule:
(a) The total payable to RTC by the City for ~NOrkshop planning and presentation will be
$5,000. One half ($2,500) will be paid wl~en the signed contract is returned to RTC, no
later than two (2) weeks prior to scheduled workshop date. The remainder ($2,500) will
be paid at the start of the first workshop on December 9, 2000, or;
(b) the sponsor may elect to pay the full sponsorship amount when the signed contract is
returned, not later than two (2) weeks prior to the scheduled workshop date.
4. RTC Representative: Kate Bickert, RTC's California State Director will be RTC's
representative, and will exercise general execution and administration of this contract.
Agreed to and accepted:
RTC Representative:
City of Cupertino Representative
Na~~
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Day
Name: :~/-ly/~~/rv.9 D,. ~fr'~~i~/~-
Title: 7~i~°-~F~i ~ C~/G.~iyG~~
Signature:_ ~ ~ --~
Date: c~r7 25` a~ ~~~
Workshop contract: page 2 of 2