16-128 Silicon Valley Bicycle Coalition, City of Cupertino Fall Bike Fest CITY OF SHORT FORM AGREEMENT
(Less than$5,000)
CITY OF CUPERTINO
10300 Ton-e Avenue
CUPERTINO Cupertino,CA 95014
408-777-3200 NO. ���'^�-'1'}—
This Agreement, made and entered into this lst day of October,2016,is by and between the City of
Cupertino(hereinafter"City") and Silicon Valley Bicycle Coalition, 96 N. 3rd Street Suite 375, San Jose,CA
95019, (408)287-7259, (hereinafter"Contractor"),in consideration of their mutual covenants,the parties agree as
follows:
A. SCOPE OF SERVICES. Contractar shall provide or furnish the following specified services and/or
materials:
Check box if seivices are further described in E�libit A. �
B. TERM: The services and/or materials fiii-�iished under this Agreement shall commence on October lst,
2016,and shall be completed no later than October 1 st,2016.
C. CONIPENSATION: For the full perfoi-�nance of this Agreement, CITY shall pay Contractor a total
amount not to exceed Eighteen Hundred Dollars and Zero Cents ($1,800.00),as set forth in Exhibit A.
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. Contractor shall comply with all applicable provisions of
law,including,without limitatiou,Labor Code Secrions 1771, 1776, 1777.5 and 1810.
D. EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
DExhibit"A"- Scope of Services
❑Exhibit`B"-Compensation
❑Exhibit"C"- Special Requireme�lts: Clicic hcre to enter text.
GENERAL TERMS AND CONDITIONS
1. Hold Harmless. Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of
this Agreement related to insurance, with respect to all services perforined in coimection with the Agreeinent,
indemnify, defend, and hold hannless the City and its officers, officials, agents, employees and volunteers fi�om and
against any and all liability, claims, actions, causes of action or deinands whatsoever against any of them, including
any injuiy 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 perfoin�ance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors. Such costs and
expenses shall include reasonable attoi7leys' fees of counsel of City's choice, expei�t fees and all other costs and fees
of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indem�lification.
The pi-ovisions of this Section survive tl�e completion of the Services or tennination of this Coutraet.
2. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from Ciry is
obtained, only those people whose names are listed this Agreement shall be used in the perfonnance of this
Agreement.
3.Assignment. Contractor may not assign, transfer, or subcontract this Agreement or any portions thereof, without
pt�ior written consenf of City.
4. Insurance. Conri-actor shall maintain the following insurance coverage, with the Ciry as an additional named
ii�sured, and provide a Certificate of Instu�ance and Additioilal Insured Eudorsement consistent with the following
requirements:
(a)Workers' Compensation: Statutory coverage as required by the State of California.
Paae 1 of 3
City of Cupertino—Short Fomi Agreement—updatcd 2/2015
r • .
(b)Liability: Conunercial general liability coverage in the following minimum limits:
Bodily Injury: �500,000 each occun�ence; $1,000,000 aggregate-all other
Property Damage: S 100,000 each occurrence; $250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of 51,000,000 will be
considered equivalent to the required minimum limits showiz above. �
(c)Automotive: Compr-ehensive automotive liability coverage in the following minimum limits:
Bodily Injury: 5500,000 each occurrence
Property Damage: S 100,000 each occurrence
or
Combined Single Limit: �500,000 each occun-evice
(d)Professional Liability: Contractors in regulated professions shall maintain professional liability
insurance which includes coverage for the professional acts,ei7ors and omissions of Contractor in the amount of at
least$1,000,000.
5. Subrogation Waiver. Contractor agrees that in fl1e event of loss due to any of the perils for which it has agreed to
provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and
automotive liabiliry insurance to either Contractor or City with respect to the seivices of Conn�actor herein, a waiver
of any right to subrogation which any such insurer of said Contractor may acquire against City by vimie of the
payment of any loss under such insurance.
6. Termination of Agreement. In the event Contractor fails ar refuses to perfonn any of the provisions hereof at
the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this
Agreement. If Contractor 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 Ciry
Manager may tenninate the Agreement by giving Contractor written notice thereof, which shall be effective
immediately. The City Manager shall also have the option, at its sole discretion and without cause, of tenninating
this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon
receipt of any notice of termination,Contractor shall irrunediately discontinue perfonnance.
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 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 betiveen City and undersigned. At all times, Contractor shall
be deemed to be an independent contractor and Contractor is not authorized to bind the Ciry to any contracts or other
obligations in executing this Agreement. Coutractor certifies that no one who has or will l�ave any financial interest
under this Agreement is an officer or employee of City. City shall have no right of control as to the manner
Contractor perfornls the services to be perfonned. Nevertheless, City may, at any time, observe the manner in which
such services are being perfornied by the contractor. Contractor 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. Conh•actor, at his/her own expense, shall obtain and maintain during the tenn of this
Agreement,all appropriate peimits, licenses,and certificates including but not limited to a City business license,that
may be required in connection with the perfonnance of services under this Agreement.
10. Reports and Records. Each and every report, draft, work product, map, record and other document, hereinafter
collectively refen�ed 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 ro this Agreement. Any Report, information and data acquired or required by this Agreement shall
become the properry of City, and all publication rights are reseived to Ciry. Contractor may retain a copy of any
report furnished to the City pursuant to this Agreement.
Pagc 2 of 3
City o(Cupatino—Shon Form Agaement—updated?-201>
Conri�actor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other
such information reqliired by Ciry that relate to the performance of services under this Agreement, in sufficient
detail to pennit an evaluation of seivices. All such records shall be maintaiued in accorda�lce with geuerally
accepted accounting principles and sl�all be clearly identified and readily accessible. Conh�actor sl�all provide fi•ee
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 wark,
data, documents, proceedings and activities related to this Agreement. Such records, together with supporting
documents,shall be kept separate froin other dociiments and records and shall be maintained for a period of three(3)
years after Contractor receives final payment from City for all seivices required under this agreement.
11.Changes. 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: Chelsea Biklen,Public Works Deparrinent.
In wimess thereof, the parties have executed tl�is Agreement the day and year first written above.
CONTRACTOR:
By: ����
Title: �b
Tax I.D:. �i-�.33rP6.�?P
CITY OF CUPERTINO:
By: Timm Boi•den
Title: Director of Public Works
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE � ACCOUNT NUMBER AMOUNT �
�r� Z j�� 100-88-844• '�,� ,�2 I $1,800.00
�
�%��� CITY RNEY APPROVED AS TO FORM DATE
� `.-K\ � �-,� / t lo �� l�, 1� Ze �'k— oZ`��
CITY C�ERK: � E � DATE
���� � � �<<� �
_. �. _
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City of Cupertino-Short Forni Ae eement-updated 2/?Ol S
Lxhibit A
Sco�ie of V4`orlc
to be Performed b�� Silicon V�illcy Bicycle Coa(itioa�
f'or the
Cit��of Cupej•tino
October 1,201G
"I'aslc: Cit�� af'Cupertino Fall }3ike �'est
Silicon Valley L3icycle Coalition (SVBC) ����ill provide bicycle and pedestria» safety educ�tion. on-bil:E
�kills trainiilg, �nd bicvclii���-the���ed activities fortl��e F'�ll E3il:e I'�cst in the City of�Cupertino. SVT3C ���ill
alsu or�anize and staff� bil:e ride suitable for begi��ner bicyclists. "l��he education prescntation, on-bil<e
skills training and activities �.vill take place durin�the tirst h�lf of the event; the bike ride will take place
durinb the second l�alf. Bicycling-thel»ed activities ��ill include the'`131ender [3il:c'�(pedal-po�vei�ed
sn�oothie blender) and the"110��� Fast C�m 1'ou Go" sCationary�bi]<e race. If tin��c pec���its and tl�ere is
interest�, S\BC n�a; also conduct`'Snail [�aces" ��hich li��us on bicycie b�lance skil(s.
l��he Citv of Cuuertino �vilL
l. Pr«moCe the Fall [3il<e Fest
?, Pro��ide adeqti�te facilities to hosl ��ctivities pro��idecl by S��L�C-
SV13C �.vi(I:
l. Prol�ide stal�Pand ec�uipment required Yo conduct educ<�tional present�ation aa�d bic��cling-tllenled
activities
2. Crclte a bil<e route for tl�ie bil<e ride and lead thc ride;
"l��isk Schcdule
. The F�ill Bil:e Fest is scheduled tbr October 1, 201(i
a SVI3C �vill concluct tl�e educatio�l prese»t�tion and bic��elinr-then�ed acliviti�s bet�veen 9:OOam—
10.30au�, arriving�p��roYin�iatelv 45 minutes prior tc� set up eq�iipmcnt
• SVBC �vill iut�roduce�artici��ants to the bil<e rout�e ��i�d leld the bikc ride bet�v�en 10:30am -noon
Tasl: Pavil�ent:
• Cost fot�the �i�'orl:shop is$1,800.00. Pa}�u�enC wil( be made to Silicon Valley I3icycle C'oalition
tivithin 30 days follo�ving completion of�contracted ser�-ice.
M��imum Fee fi�r services provided �o the Cit�- of Cupertino—Not tn esceed
Sr,b00 (O:oII;1'HOUSANll,LIGHT FIYTNllRED 1?OLLAR�).
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-��`£�- ofCupertii�o Silicon Valley [3icycle Coalition
'?-� � , _'- ,_ ;_,�, ,�;.. Shilol� F3all�rd
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F'rint Na�ne Print Name
`���- ... ,..:,'' (� ;,_ ; � ����. :,;. �,� � � Pre,i�iei�t_and 1;xecuti��e I�iiectoi _._
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