11-001 Margarita MendozaCITY OF a
CUPERTINO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NT, made and entered into this 11th day of May 2011 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Margarita Mendoza,
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
cBNTRACTOR shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS: The services and/or materials furnished under this Agreement shall commence on
and shall be completed before fh~/'v~ l () '::)_c( L
COMPENSATION: F%'the full performance of this Agreement, CITY shall pay CONTRACTOR:
ff d-. 1 <71/0
California Labor Code, Section 1771 r!quires 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. To the extent permitted by law CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, officials,
employees, volunteers, agents and representatives, from and against any and all claims, demands, actions, causes of action, losses, damages,
liabilities, or judgments known or unknown, and all costs and expenses, including reasonable attorneys' fees in connection with any injury or damage
to persons or property to the extent arising directly or indirectly out of any negligence, error, omission, recklessness or willful misconduct of
CONTRACTOR, or anyone for whom CONTRACTOR is legally liable in relation to the performance of services under this Agreement.
Such defense and indemnification shall nol apply in any instance of and to the extent caused by the sole negligence, recklessness or willful
misconduct of CITY, its officers, officials, employees, volunteers, agents or representatives.
Insurance. Should the City require evidence of insurability, Contractor 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 Agreement 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 net-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 shall be: JEJ ENT£~-~
NAME: Mark Linder DEPARTMENT: Parks and Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
/)A. By I ,
Margarita ~ ndoza
Title Contractor
Soc. Sec.#:
APPROVALS
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Mark Linder
Title: Director, Parks and Recreation
EXPENDITURE DISTRIBUTION
Scope of Work for Margarita Mendoza
1) Overall project manager for the Anti-tobacco grant with the County of Santa
Clara Department of Public Health
2) Guide implementation of the smoke free recreational areas
3) Conduct the research and prepare the staff report and proposed ordinance
for the tobacco retailers permit program
4) Lead the effort to have a Teen Conference run by teens for teens on anti-
tobacco
SJ Develop a work plan to implement public service announcements developed
by teens at the Teen Conference.
6) Prepare monthly progress reports to County Public Health on these projects.
7) Complete the work by March 18, 2012
Contract runs from April 26,2011-March 18, 2012
Proposal to California Parks and Recreation Society (CPRS) for Partnership with City of
Cupertino for Anti-Tobacco content at Y AC Attack 2012
BACKGROUND
In March 2010, the Santa Clara County Public Health Department was awarded a $6.9 million
grant through the Centers for Disease Control and Prevention (CDC), Communities Putting
Prevention to Work (CPPW) Act. This program is funded though the American Recovery and
Reinvestment Act funds. In turn, the County made funds available to cities within its jurisdiction
for efforts related to creating changes in policy, mitigating environmental impacts and preventing
youth access to tobacco. Cupertino is one of the cities that have received grant funding from the
County for various anti-tobacco efforts, such as the Smoke Free Recreational Areas ordinance.
Of particular interest to CPRS, is Cupertino's commitment to host an Anti-Tobacco Youth
Conference focused on developing strategies and messages to reduce tobacco use amongst the
youth population. Cupertino envisions an event planned by youth, for youth. Although there will
be an education component to the conference, the goal of the event will be to craft messages to
be used in a public service media campaign to reduce tobacco use amongst youth. Included in the
grant funds, are monies dedicated to the creation and implementation of the public service
announcements. Per grant requirements, the conference must be held by March, 2012.
POTENTIAL COLLABORATION OPPORTUNITY
The biannual YAC Attack, hosted by CPRS is scheduled to take place on March 3, 2012.
Although the Cupertino is in its early phases of developing the content for its Anti-Tobacco
Youth Conference, we see several areas where the goals of Y AC Attack and our event are
similar and complementary. For example, both events:
• Target its event to civically engaged youth, ";" .... ·~---r, • Promote an event that is designed pyyouthfo~,youth,
• Provide a forum for dialogue and a' platform 'for developing youth-oriented solutions to
c1v1c issues
• Scheduled to be held in the Spring 2012 (Feb. 25 and Mar. 17, tentatively)
With the above agreement on the goals of a youth oriented event, the City of Cupertino would
like to respectfully ask CPRS to partner with us by including and featuring Anti-Tobacco content
as part of the workshop offerings at the 2012 YAC Attack.
EVENT CONTENT
The 2010 Y AC Attack featured three tracks for attendees to attend: Youth in Government,
Health & Wellness, and Special Event/Programming. Cupertino believes that the goals of our
Anti-Tobacco work with youth would align well with any of these tracks or perhaps its own
track. At this time, the main planning body is the Cupertino Teen Commission. Preliminary
discussions regarding content include workshops/roundtables on the following:
• A "Dr. Oz" type of demonstration regarding the health impacts of tobacco use
• Panel/Roundtable discussion with testimony from teens impacted by tobacco use amongst
their peers and/or family
• What's in a Cigarette-a dissection.
• What is addiction? Why quitting "cold turkey" is difficult
• Debate-What is the role of government in controlling personal tobacco use?
Through our relationship with the County's Public Health Department, we also have access to
various youth and health resources such as California Youth Advocacy Network. This type of
support will lead to meaningful and thought-provoking content in all workshops in our track.
Each of our workshops will also include a discussion opportunity where they will provide input
and/or begin to craft the messages for the public service (PSAs's) media campaign to reduce
tobacco use amongst youth. Each attendee will be given an opportunity to work with Cupertino's
Public Information team to bring their PSA's to fruition. In this manner, YAC Attack Attendees
who participate in the Anti-Tobacco track will have a concrete action in which they can continue
to take what they learned at Y AC Attack and take it to their communities.
FINANCIAL IMPACT
Cupertino has budgeted $8,450 for its Youth Anti-Tobacco conference. We would propose to
contribute this entire amount to Y AC Attack 2012, although any costs associated with securing
panelists/speakers and equipment for Anti-Tobacco workshops would be funded from this dollar
amount. We anticipate additional discussions to line-item the funds to areas where CPRS needs
funding support to address our participation. At minimum, Cupertino will pay for any expenses
related to Anti-Tobacco programming so that this partnership is completely cost recovery.
Cupertino has a dedicated staff resource to work on anti-tobacco efforts, and we would envision
she would serve as a member of the Planning Committee, in addition to Lauren Phillips,
Cupertino Recreation Coordinator and staff liaison to the Teen Commission, who is already on
this Committee.
CONCLUSION
There is the potential for a strong partnership between CPRS and Cupertino to empower youth to
make a difference in their communities. Cupertino would like to leverage and honor all of the
work CPRS does in bringing Y AC Attack by enriching its content to include information relating
to a pressing public health matter such as reducing tobacco use amongst youth. We hope you will
consider this partnership and that it can lead to working together on YAC Attack 2012. Please
contact Mark Linder at 408-777-3110 for more information or to discuss next steps.
Sincerely,
Mark Linder