HomeMy WebLinkAbout0351.093•
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June 17~ 1993
HONORABLE' CITY COUNCIL
Palo ~lt~, california
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~r$~JiI_ent. 'With l,at~ ... n Sainte-Marie for~Services as FUIl.~_:r_aise.L..!..2.t
tbe CUbberley C.9CU!:1unity center
Members of tt",e Council:
Repert ilt.~_..-;ief
This report requests Cou.nci 1 approval of an agree:nent in the amount
of $70,000 with Lainey S;3.i.nte-Marie for se.rvices as fundraiser for
the Cupberley Ccmmunity Center. F'....:nds have been budgeted in the
Recreation, open Space & Sciences FY 1993-94 budget.
niscus!!i-ot),
On Ma.y 16. 1991, Council approved the CUbherl-ey Master Plan, ...... hich
states that the main objective of the CUbberley project is to
create "an at.tractive and ~rell-functioning community center at the
rubberlcy site that ~eets a broad range of public needs.n In terms
of the number of people using the facility and the number and
quality of programs offered there~ the Cubber1ej' Community Center
has successfully met this objective.
The progress of the capitdl i~prove~ent projects outlined in the
Master Plan, however. has been lin"cited by budgetary constraints~
Staff reported to the Finance Corr.r.-:i ttee on October 27 I 1992
(CMR: 4. 38: 92} var ic.us options for funding, and di 5cv5sed the
decis.ion to contract ",·ith a t-.["cfessional fundraise!". The City
entered il"".to an agreeJ'!lent ,...i th Lain<'=j Sainte-Marie for the period
of January I, 1993 through June 3D, 1993 for her ser-./ices as
fundraiser for Cubberley.
During the six month period of this agreement, Lainey has
accomplished much to\olard increasing the visibility of Cubbe:rley.
Her efforts; cul:1inated in t'.'o recent events. On June 11, 1993, the
first in a series ot fundraising events too~ place: a "Corne As You
Were or Wish YDU Had Bee.nll party. This ".,'as a celebration of the
late 60 's and early 70 t 5, and the event was acco~pljshed with the
hElp of many local businesses a~d vclu:nteers. Then, on June 19th,
there was a Summey Solstice Celebration. Both e".'ents took place at
Cubberley and will raise the visibility of the Community Center.
CP ... H: 351:93
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Page Two
The attached Exh~bit A (Scope of Sel~ices) outlines the focus 0f
the fundraising activities for Fi' 199J-S4. Lainey ' ... ·ill contirme to
..... ork \rriith the tenants and hourly uset"s of CL:.bberley and to gather
information from them for use in an anr.ue 1 report and a monthly
newsletter. A bOdrd~ composed: of !:I€I:Ibers of the cOl"1JTlunity who .... i11
assist '.'ith the Cubberley devel-:Jp'r.1'2nt efforts, 'Will be established
by the end of June 1994, and the productien of a video of the
CUbberley tenants 'Will be unden.;ay. By the end of June 1994,
LaiJ,ey will have -:::o;npleted a pac:'(€t of information to be presented
to potential bEnefactors and have identified foundations to be
contacted for grants.
Jtecommenclatio:n
Staff recommends that council approve and authorize the Mayor to
execute the attached agreement in the amount of $70,000 b~tween the
City and Lainey sainte-Marie for fundraising services related to
the Cubberley Community Center for FY 1993-94.
Paul Thiltgen
c,rector of C
I~e Flm '~ \A.,...-....~
(crY ¥.anager
u'tachments: Agreement
Related CMR's: 269:9, 114:0, 134:0, 254:0, 453:91, 438:92
CMR:351:93
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~Eg!l"NT
BETWEEN TRB CI:n 07 PALO ALTO
AND LA:tNKY SAIN'I'B· !IAl<TE
FOR. FUNDRAISING SERVICES
RELATED TO CUI! BEllEY CO!I!!:JNI TY CENTF-
THIS AGREEMENT is :nade and entered into this day of
, 1993, by and betveen the CITY OF PALO ALTO,
a municipal corporation of California, herei~after referred to as
"CITY,· a::.d LA!~"'"EY SAINTE-MA.~IE (Taxpayer Identification Nu .. !nber
014-40-0293). an individual, ... ith offices at 4aOO Middlefield Road,
Pc1.1c Alto, CA, 94303, hereinafter referred to as "C0NTRACTOR"';
~ I T NBS SET H:
WHEREA..C;. CiTY desires to obtain services related to
rai3ing funds for the developmer.t of CUbberley Community Center;
and
WHBREAS, CITY desires to engage CONTRACTOR to proyide
these fundraising services by reason of her qualifications and
p.xperience for performing such seI"\fices, aod CON'TRAcroR has offered
to provide the required services on the terms and in the manner set
forth herein;
NOW, THEREFORE~ in consideration of their mut~al
covenants. the parties hereto agree as follows:
SECTION 1 . DE~INITION~
1.1 CITY
The te:-rr~ r:-CITY"
Califcrnia.
1.2 ~I1X. MANAGER
sl".=.11 mean the City of Palo Po.lt.D,
The term ~City Manager" s~all mean the dyly aPPOinted
City Manager of the City of Palo Alto. California, or his or h~r
deSignated representative.
1.3 CIr! ATTORNEY
Tne term "City Attorney· shall mea~ the duly a9poi~ted
City Attorney of the City of Palo Alto, California, or ~is or her
deSignated representative.
The term "City Clerk~ shdl1 mean the duly appointed City
Cl'=:::'K of the City of PaID Alto, California, or his or her
designated representat.ive.
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1.5 R~SK MANACER
The term "Risk. Manager" shall mean the d\21y appoi.nted
Risk Manag~r of the City of Palo Alto, Califcrnia l or his or her
de$i~~ted representative.
1.6 SERVICES
The term ·Services~ S~ll mean the services described ir.
Ex,.'Ij,ibit ~A·. entitled ·Scope of Ser'.rices·. act ached hereto and made
a part hereof by this reference.
~SliB"CT;:r;IUQ~NtL2L.:.-.iP:BRl:Q!>l.T:l'lEcr CQQRDTNATION
2.1 Q;.TY
The Ci t-y ~.Anager shall be representative of CITY for all
purposes under this AgreeIr.ent. Paul Thiltgen shall be deSignated
3.S the PROJECT MANAGER fOr the City Manager I and he sha.ll supervise
the progress and execution of this Agreement.
2 • 2 CONTRACTQ R
CONTRACTOR shall have overall responsibility for the
progress and execution of this Agreement.
SECTION 3 -DUTIES OF CQNT&~CTOR
3.1 SERVICES TO BE FG~$b1m
CONTRACTOR shall provide all specified Services as
sec forth in Exhibit A.
3.2 LAWS TO eE OBSERVED
CONTRACTOR shall:
3.2.1 Procure all permits and lice::~es, pay 21.1
charges and fees, and give all notices which mav be nece$sary and
incident to the due and la~ful prosecution of the services to be
p~rformed by CONTRACTOR '~der this Ag~e~ent;
3.2.2. Keep itself fully infQrroed of all existing:
and future federal, sta::e, and local laws, ordi.nances, regulations,
orders, and decrees which may affect those. engaged or em,:,:'loyed
under this Agreement, any materials used in CONTRAC'l'OR'S
performance u.."1.der this AgreemEfit. or the perfo.c:nance of the
services under this Agreerr,ent;
3.2.3 At all times observe and comply 'With, and
cause all of its subcontractl:>rs and €.."nplayees. if any, to obse.nre
a.nd comply with, the laws, ordinances, n~·gulations, orde.::-s· ar~d
decrees mentioned above; and
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in writing C!
la-,s. ordina:
iIi relat.ion t ..
3.2.4 IXiITlediately rt:port t( t.he PR')JECT r-"..A,.\"AGER
disr.repancy or inconsist~ncy It dis~ove~s in the
3. regulations r orders, and decrees mentioned above
any provisions of or services under t:his Ag::-eer:1~~t.
RELEbSS OF ...Ek?ORTS AND INFOR.~TJ9N
Any :ceports~ inforrna':.ion~ data or o':t"~er trate.ri=:'l.l given
tv. or preparEC or assernbled by, COr-."TRACTOR or its SUDcontr-act-:·rs,
if any, under this Agreement shall be the property of CITY and
shall not be made available to any individual or organizat i(m by
CONTRACTOR or its subcontractors, if any, without the prior ~ritte~
approval of the City Manager.
3.4 ~FIES OF REPORTS k~ INFCRMATION
If CITY requests additional copies ot: r-epc:-::.s,
informacion~ data or any other material ...... hich CONTRA::70R is
required to furnish if,: limited quantities as: part of the sen'ices
under this Agreement r CONTRACTOR shall provide such addit.i:>nal
copies as are requested and CITY shall compensate CON'I'lUl.CTC'R fc!:
the costs of duplicating of such copies at CO~~croR' s cc'St +
3 . 5 ClJ'Bf!ERLE'i CQMt~lT'f CENTER INFORMATlQN PAC,");'!'
CONTRACTOR shall provide C!TY with one (1) copy
O.J.bberley Comnnmity Center Informa.tion Packet required
Exhibit A of this Agreement, upon completio~ and acceptanc:
Packet by C!TY as set forth in Exhibit A.
3.6 QUALIFICATIONS OF CONTRAllQR
of the
u:1der
of the
CONTRACTOR repressnt5 tha:. it is qualified to f;;r:l:s:"l t:"e
Ser~ices described under this Agree~e~t.
For the full performa.nc€ of the Senrices described herei:1
by CON11l~CTOR, CITY shall pay CONTPJlC7~R a total sum ~ct to exce~d
Seventy Thousand Dollars ($70~ 000).. CITY shall :make progress
payments to CONTRACTOR on a monthly basis, in the amount of Five
Thousand Eig:ht Hundred Thirty Three Dolla~s ~~d Thirty Three Cents
($5, S33+33) per month r wit-hin thirty (30) days of submissilJn by
CONTRACTOR of a monthly itemized billing in triplicate+
SECTION 5 -QU'fJ.KS OF CITY
CITY shall proyide all specified services as set far-~h
belolN':
5.1 CITY shall provide full information re9a:::d:'ng its
requirements for CONTRACTOR's Se~ices hereunder.
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5.:2 C:TY shall ex.a..:n~~e dccume::l.:s sul'mitted by CONTRA'':1'OR
and shall render decis ions pertaining thereto promptly, co avoid
unreasonable delay in the progress of COJ\'7P.AC!OR· S Ser • .:ices.
5.3 CITY shall fU!'11ish all sue:-. necessar.r" ir:::orrr.ation as
are in CITY's files or are at its disposal.
5.4 If CITY ocs,=nres or otherw"ise becomes aware cf any
fault or defect in CG~"'l'RAC'!'OR'$ Serv-ices hereuGder, CITY sh3.11 giVe
prompt written nocice thereof to CONTRACTOR.
5.5 CITY shall provide CCh"TRAC~O.R ..... ith the office space
ar.d furniture r aCCE-SS to a personal co~p1jte:, a::d telephone,
clerical support, postage and reproducticlD ser:-vices :1eeded fer
CONTRACTOR's Services to be p~avided here~nder.
SECTION r;
The term of thi9 Agreement sr .. all corrtt".er:.ce on July I,
1993 1 and shall expire on June 30, 1994.
SECTION 7 -EXTENSION OF T~
In the event that the services called for u:-Jder this
J..gree.ment are not completed ..... ithin the tir..e specified .:t_bO"'/e, the
City Manager shall have the option to extend the time for
completion. This paragraph does Dot p::-eclud<.: the recovery of
darrages for delay by either party.
SECTION 8 -TER..~INATION OR $_QSnf'_:~;'l'tS:!:O~ Q_LnA_GRE'EMENT
s. ~ RIGHT TO SUSFEND DR TERMINATE
The City Mana~=r may suspend this Agreeme::t r ir: whole or
in part, or terminate this: Agreement, with or witho:..lt cause, by
g':' ing fifteen (15) days' priC''( written n·::>:ice t:--~ereof to CO~":'RAC-
1"v;(. Dpon receipt c.£ such notice, CONT:--.:..Jl.C':'OR 51'11;.11 io:m1ediately
discoc.<::inue her perfor:nance ur..der this Agreement.
CO~~CTOR may terminate this Agreement or suspend
performance of the Services hereUIlder by giving thirty (3D) days'
prier written notice thereof to CITY, but only in the eve!lt of
substantial failure of performance by C:L:TY or in the eve~t CITY
abandons the Agreement.
S.2 PAYMENT
Upon such suspensi on or termination by CI7Y, CONTRACTOR
shall be paid for all services actually rendered to CITY to the
date 0f such suspension or termination; provided, ho· ... ever. if this
Agree..Llent is suspended or terminated t:qr fault of CO~1RAC'!'OR, CITY
shall be obligated to compensate CONTRACTOR only for that portion
of CONTRACTOR's servl.ces which are of benefit to CITY, as s\.!ch
determination may be made by the City Y.anager in the reasona.l:::·le
exercjse of his or her discretion.
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S.3 RE1~RN QF ~6T£RI~LS
Upon. ~uc suspension or term::'na.tion, CONTRACTOR shall
turn over to the (. _y Manager i.T.!'1e:diately any and all copies of
s~\,.i.dies, ek.etcbe:s, infort'f1atior.:. and othe.r data, whether .or no~
completed, prepared by CONTRACTOR or i t:3 su.bcor;.tra::tors. if any, or
given ta CONTRACTOR or its subcontra~tors, if any. in connectio:c.
.... ith Chis Agreement. Such rnate.:-ials sha.11 become tho: pe:rrr.anent
property of CITY.
SECTIQN 9 -AS~IG;I'JMENT; SUBC01'-o"'TRACT()RS: ... ~.PLOYEES
9.1 ASSIGNMENT
Both pa=ties shall give their personal attention to the
fai thful perforrna.nce of this Agreeme:<1t and :::hall not assign,
tranefer, convey, or other~ise dispose of this Agreement or any
right, title or interest in or to the Sa.Jr.1; or any part thereof
without the prier written consent ot~the other party, and then only
subj ect to such tl5!nT1S and conditions as the othe;r party may
require. A conseGt to one assignment shall not be deemed to be a
CO:<lsent to any subsequent assign.nent:9. Any assigr...m.ent ~ithout such
approval shall be void and, at the option of the other party. shall
terminate this Agreement and any lice~se cr privilege 3ra.nted
hereie.. This Agreement and any interest. herein shall not be
assignable by operation of law without the prior written consent of
the o~her party.
9 , 2 S VB CONTRACTQRS
It is agreed that this Agreement is for the personal
services of CON'I"R.ACTOR and ca..-m.ot be perforrr.ed by any othe::-person
or organization.
9.3 S7BCONTEACTQRS; EMFLCYEE5
CONTRACl'OR shall be respcnsible for e.:rploying O~ engaging
all persons necessary to perform the services af CmITR..r..CTC;R
hereunder. No subcontracto!" of CONTPAC70R will be recognized by
CIn as such; rather, a'il subcontractors are dee.rned to be e:nployees
of CONTRACroR~ and it agrees to be responsible for their
performance. CONTRACTOR shall give it.s personal attention to the
fulfillment of thE prOVisions vf this Agree.>r.e:nt by all of its
employees and subcontractors, if any, and shall keep the work under
its co:otrol~ If any employee or subcontractor of CONTRACTOR fails
or refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or improper manner, the
employee or subcontractor shall be; discnarged immediately from the
work under this Agreement on demand of the PROJECT ~~AGER.
SE..CTION 10 -NOTICES
All notices hereunder shall be giver. in writing and
mailed, postage prepaid, by certieied mail, addressed as E'::lllo'''''s:
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Offi,:e of the Cit:,' Clerk
Post O!fice Box 10250
Pulo Alt'"J. CA 94303
L~iney sainte-Marie
4000 Middlef!.eld Road
Palo Alto, CA 94303
~TIQN 11 -n·r?ERE$ImOF CQNTRA.C'roR
In accepting this Ag~eemeQtt CONTRACTOR covenants that
she prese'ntly has no interest, &nd shall not acquire any interest,
direct or indirect, financial or other'Jis€, which .... Duld con~lict in
any manner or degre~ with the performance of the services
hereunder. CONTRAC"'!'OR further covenants that, in t;,e performance
of t.his Agreement, no subccntractar or pe:rson having such an
intE'r9'st ohall be e..rnployed. CONTRAC'I'OR cercifies that no one whc
has or will have any financial interest und.er this Agreement is an
officer or employee of CITY_It is exp.cessly agreed that:: in the
performance of the professional services required under this
Agreement CONTRACTOR, and aQy of her SU!:lcontractors or err.ployl';!es,
shall at all times be considered independent contractors and not
agents or employees of CITY.
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CONTRACTOR agrees to protect. inde..-nnifYr defend and hold
ha:nnless CITY, it.s Cou;:Jcil m-e~.De=-s, officers. agents and employees
from any and a.ll c-':'.ands. claims, Ol'" liability of any nature r
including death or ~nj~ry to any person, property d~~ge or any
other loss~ caused by or arising out of CONTRACTOP.'s, her
officers', agents', subcontracto~s' or employees' ~egligeot ac~s,
errors, 01: orr.issions, or willful ,:r:isconduct, or cooo::.lct far ... ·hich
the law Il1.C>.y irnpoee strict liC'Lbil i ty on CO!ll"T"'MCTOR ir:. the
performance or failure to perf On'. ner oblisa~i,:ms -..:nder trois
Agreemen t .
~O~.CTOR, by executing this Agreement, cErtifies that
she ::.. ',," a"W'are of tr .. e provisions of .. -,e LaDor Cooe of the State of
California which require every employer to be insured against
_iability for workers' compensation or to ur~dertake self-insura~~e
in accordance .... ith the p·covisions of tha': Code, and certifies t.hat
she will comply with S\l.e':\. pro'Jisio:ls b-==fore cmr:,T,encir>.g the
performance of the work of this Agreement.
SECTION 14 .-tNStTRANCE
14.1 INSURANCE CQVERAGE
CONTRACTOR, at he:!" sc.!e cost ar:d exoense, shall obt:ain
and maintain, in full force and effect thrcugh·out the entire term
cf this Agreement I the i:lsuran-:e coverage described in Exhi.bit. ~E.",
attached hereto and made a part bereof by this reference, insuring
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not. only COtr::'RAC-TOR and her subc·.:-ntractors, i.f anYI cut also, ...... ith
the excepcion of ~orker5' compensation, employer's liability. and
professional liability insurance, naming as additional insuced:
CITY} its Council mE"mber,;-. officers. agents and employees, and ea·:".r ..
'of them, .... i th respect ::0 activities a:lC services pe-rfonned by
CONTRACrOR for or on behalf of CITY 1,.;.nder the pro\.~isions ot this
Agreement.
14.2 EVIDENCE OF COVERA..G~
Certificates of such insurance, preferably on the ferms
provided by CITY, snall be filed with crTY concurrently 'fiith ti:'~e
execution of this Agreement. The certificates shall be subje::t to
the approval of the Risk Manager and shall contain a,n endorse,'Tlent
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer except after filing with tb,=
City Clerk thirty (~O) days' pri0~ written notice of su~h
cancellation or alteration, and that the City of Pal~ Alto is named
as an additional insured except in policies ot workers'
compensation, employer's liability, and professional liability
insurance. Cu~rent certificates of such insurance shall be ke~t Qn
file at all t.i.-nes ourinS" the tenn of this Agreement with the~Cit}~
Clerk.
S]:CTTCN 1.5 -AUDITS
CONTRA-croP. agrees to permit CITY to audit, at any
reasonable tL~e during the term of this Agreement and for three f3}
years thereat t,er, CONTRACTOR' 5 records pertainiag to rr.at ters
covered by this Agreement. CONTRACTOR further agrees to rr.aintain
such records for at least three (3) years after the term of this
Agree.men t .
SECTION 16 -AGREEMENT BINDING
The terms. <:cvenant~ and conditions of this Agree:ne::.t
shall apply to, and shall bind; the heirs, successcn:. eyec~to=s,
adrr.inistratcrs, assigns, and subcontractor:;:; of both part:'es:.
The waiver by either party of any breach or violation of
any term, covenant, 0= conditi on of this Agreement or of any
provision, orcinance, or law shall not be deemed to be a waiver of
any other terIr'., cover..ant, condition, ordinance, or la'W c::-()t any
subsequent b!"each or violation of the same or of any other term,
covenant, condition, ordinance, or law. The subsequent acceptance
by either party of any fee or other money which may become due
hereunde:r :::hall not be deerr.ed to be 3 ..... aiver ot" any pre.::eding
breach or violation by the other p,lrty of any term, covenant. or
condition of this Ag.r-eement or of any applicable law or ordinance.
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The prevailing party in any acticn brought to enfc,rce the
tcorrr.s of this Agreement or arising 01.:t of thi S Agreement rr.ay
recover its reasonable COS7::$ and att:orr'.eys· fees expended in
cormecticr:. '\rIit~ suer, an acti:;Jn from the other party_
SECTION 19 NQ IMP L 1 ~D WAI ~'~Js
No payment, partial payment. acceptar..ce,
a~ce9t~ce by CI~i shall operate as a waiver on the part
any of its rights under this Agreement.
SECTION 20 -NONDIS~,RIMl.t1_ATION; PENALTY
20.1 DUTY OF CONT~CTOR
or oartial
of CITY of"
No discrimination shall be made in the employment of
pEl."SOnS under thi s Agreement becat:.se of the ageL race, color,
nat.ior:.al origi!l, ancestry. religion, diSability, sexual preference
or sex of such person. If the valce of this Agreement is, or ~ay
be, Five Tho'.lsand Dollars ($5,000) or morE, CONTRACTOR agrees to
meet all requirements of the Palo Alto Munlc':pal Code pertainir:g to
nondiscrimination in employment, including cc.'~letl.:ng t!:e
~Compliance Report--Nondiscr:'mination Provisiorls of City of Falo
~to Contraccs· on the for.m furnished by CITY, a~tached he=eto as
Exhibit ·c· and made a part hereof by this reference_
2 0 ~:2 PENALTY FOR DrseR TMINATION
If CONTRACTOR is !ound in violation of the
nondiscrimination provisions of the State of California Fair
Er:1plcyn',ent Practices Act or similar provisi.ons of federa:!. law or
execu:.ive order i::l the perfo~!nance ,of this Agreement, she shall
thereby be fou.r:.d in material breach of t:his Agree:nent. ThereupGn,
C:ITY sr_all have the powe.:-to C";".::cE:l or :::uspe~.d t:t:i s Agree~er.::.. ic.
wnole or in pa:i"t I or to deduct frof:'. the a.'1"O..lnt p<:ii'ci~le to
CO~ITRACTOR the S'..L"n of Twe:1ty-Five Dollars I, ~2S) for 2ac:. pe-=so~ fer
each calendar day curing which such person was discriminated
against l as damages for said brea~h of contract, or both+ Only a
finding of the State of Califc_T .. ia Fair Employment Practices
Comtr..ission or the eq'.J.ivalent federal oc::ency or office=-shall
constitute evidence of a violation of contract under this
subsection.
If CONTRACTOR. is fo~r.d in violat ion af the
nondiscrimination provisions of this Agreement or the applicable
affirmative action gu:'delines p~rt.aic:'ng to t:!1is Agreement,
CONTRACTOR shall be found i!J. rraterial breac~l of this Agreement.
TheI·eupon. CITY shall have the power to cancel or suspend this
Agreerne:nt, in whole or in par::., or to deduct from the. a.Ir,ount
payable to CONTRACTOR r.he S\ll\' 0:: ~o Kur.drcd Fifty L'ollars {$2S0J
for each calendar day dt:.ring ...... hich CONTRACTOR is found to have: beE:n
in such noncornplia:-lce as da.'T1ages for breach of cont.ra,:t., or both.
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SBCT __ N 21 -.D_G~E CONTAINS ~LI.
UNDERSTANDINrI~~NDMENT
This document represEnts the-ent.5 re and integrate,.:!
agreement. between C":::TY a!ld CO~""TR.J..C'TOR and supersedes all prio:-
negotiati(ms, representatiO:l5 and agreements, either ... rit:ten or
oral. incluuing City ~vntr~ct No. 83D38451. Th~s doc~~eilt may be
ame!lded only by written instn.11l'!:ent. signed by both CITY a::lo
CONTRACTOR.
This Agreement shall be governed by the laws of tho; State
of California.
IN WITNESS WHEREOF. the parties hereto have executed t!":l.is
Agreement the day and year first above writtE~.
City Clerk
APPROVED AS TO FOR.'>!:
Senior AEst. City Attorr.ey
APPROVED:
Assistant City Manager
Director of Finance ----------
Risk Manager
APPROVED AS TO CONTENT:
Director of Co~nity Services
Attachments:
EXHIBIT ~AN:
EXHIBIT -3":
EXHIBIT ~CII':
CITY OF PALO AI,TO
...,----------------to!ayor
LAIN'13Y SAI~"TE-MARIE
h" __ ,/£:-..b
SCC'PE OF SERVICES
INSURANCE
NONDTSCRHCNATION COMPLIANCE FORM
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EXHrBrT It.
SCOPE OF SERVICES
8ERVICEB: Consultant sl'.all pr::vide fundraising services under this
Agreement for the development of th'i:! Cubberley Community center
("Cubberley"} .
GOAL: Increase the visibility and desirability of Cubb8rley a~d
engage the cooperation of the tenants.
OBJIlCTlVES:
1. Work with tenants 3nd hourly users of Cubberley so that they
get to }cnc\.,' each other and their full potel"ltial as a group.
This includes individual organizational goals and Cubberley's
goals for the future. Report progress on a quarterly basis.
2. Gather information from tenants and hourly users of Cubberley
concerning people served by their organizations, volunteer
hours and accomplishments. This information will be compiled
tor use in the annual report, and much of it lolill appear in a
monthly newsletter, Report progress on a quarterly basis.
3. ESLablish a beard of highly-placed community leaders to give
Ct:b.berley the visibility and fiscal capacity to move for .... ard.
Board will be complete by June 30, 1934.
4 ~ Identify comrron needs at Cubberley (roof repair, a field
restroom, landscaping, general repair, maintenance, etc.) and
devi se fundraisinq strategies to meet these needs. Report
progress on a quart~rly basis.
5. Create a video of Cubberley tenants 3.t work and of the
Cubberle z-community at play to be used as an introduction to
other tenants and as a f>.lndraising tool. This -will be in
progress by June 3D, 1'394, but rna}" not necessarily be
completed.
6. Establ ish a snackbar close to the ladies room at Cub:t;erley
during Bobby Sox and American Girl games and close to the mens
room when boys are playing. Lc't the field group playing that
day staff it. SOIT,e money must be raised during Pi 199]-94;
howe~/er, the snackbar need not be completed b}' June 3D, 1994.
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Scope of Services
Page Two
GOAL: Organize and hold a varie.ty of fundraising activities for.
the dev~lopment of Cubberley.
OBJECTIVES:
1. ope To up a room prcxird tcus to the Black Box The~tre at
Cubberley for refresh~ents before/after performances and
during intermissions. Ask Tt.eatreWorks to donate space in
their program to make t.he p:..lbl ic aware of this neW' :reSQurce.
This mdY no~ happen if no space is available.
2. Sell spaces for an antique market or tarmer's market '.:nder the
covered ~alk~ay at Cubberley, so that Palo Alta has a f3rmer's
:market all year long. First market shall occur by end of
fi rst quarter.
J. Determine ~hich foundations to contact for grants and develop
even~s which can be coordinated with va~ious organizations at
CUbberley. fitting the parameters defined by those
foundations. Possible events include an October Fest r a Dance
Marathon, a Valentine's Ball and a Mardi Gras Dance. Report
progress on a quarterly basis.
GOAL: Accomplish :najor fundraising efforts directed at local
businesses, cc:::porations and foundations.
OBJECTIVE:
1. By June 3D, 1994, prepare a packet af information to pre~ent
to potential benefactors and provide cne copy thereof to City.
city shall ha.ve an opportunity first to review and approve the
pacl;:et befcre it is dissen,in:;ited. Contractor' shall
incorporate all City's co~r.lent5 in thE' pac}:et. The packet
shall includ~:
a. the history of the Cubberley Community Center
b. an annual report
c. a list of ~embers of the Cubberley Board of Directors
d. a chronology of activities at
of people served and the
represented
Cubberley ""ith the number
surrounding com~unities
e. a Chronology of col1aboratjvE tundraisir,g events at
Cubberley
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-::cope of Ser-~.es
'age Three
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f. 21 <. 'zndiu7:1 at volunt.eer W'ork and vohmteer hour$ done
in connection with Cubberley
g. a f ,t-I'loving videotape showing the fun-filled r varied
",'or} bein9 donE at Cubberley and h,,"'" it benefits the
conrrr,unity (this ...... il1 be in progre.ss by June 30, 1994, but
may not necessarily be completed)
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poI1c't kI rvtum lie· tno!' Pftomoum and '-~~~
w!ct11Jl ~ ~1Ii'1ONI ot ttli~ pcncy
P0LtC' \c. 97-&~-S55~-~
", • .:~~~::.~~ r ~il!t;y -.---,,-p,C!410 ;'.H'~~i j.
eo...rave i~ bl' t/!~ PQiIC-, . .,w>d9d by
SI.,f!:; r.-A«"'i FH.l )oNe.' (A,:i\,.o;'L;' (L!~;;:.t'
"J':'~1':" :;rATE: f.t.",/'F -C'-;,. i'.CI"'C'it~T p,)~", (;. ';1.,'06-0(:
II 'slo.:k Compan,' wilfl Home OK,(;u in 5 100mlng10f1, ,,:i:1013 ;. ," .:; 1.1 J I
~/r .. ,,,,~".I!.I",""QdrltM i 'r:uJ.:':' ~(It..L(.'1 15 AM~,.C:::J u ... lCj/"!'J.: I SAINTE-.~.AR.lE, L:'l~~~Y I OfDU!.' ;16L(S -SEtf!C.\ 1
I t71 SY::A:~CPE OP j 5E(T!J~. 11 CO'llt:;;;;.e..GE: u ... ns Ch,"-".G(G
I PALO ALTO (A ),,';3('3-3'l,4 1
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L_li,UI~1l 1r·$IJtH(j! JNnIVrnll4,1 '
I THE POl.IC.'f PE:~ I,:;;u BEG! ~S AND (\CDS .... 12: C1 A/",
SIANDARD II'E ~T IHE PREMISES LGeAIIONS
AutomatIc Rene"..al _I! !..~e Poliey Period Is showr.
~ 12 montha, 1"'~ policy wi]; be renOY19d auto
mati~ny sub-jPtCf to the prem':.Jms, nrles and Po"ms I 12/31fi2 'EFFECTIVe OAn
l 12 MONTHS 'POll CY PERIOQ
1V31/93 :ExPIHT/ON OF POLICY PE~rco
IL(oYE~'''!;S ~
p~op. E-R.!'f
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SEC T lel../
llMIT.:i '.:JF
lNSURA.N(~
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in erfect for each s~eed1r.g po~cy per'.oc!. If U1ls
policy is 19rminatsd, ""e wm give you and the
~~ortgageelL~nhoider wrmer1 ~o!ice in comprlBnCe
",·it!'! the p.)ncy prwisi-o:-.eio or as r6q'Uir~ by 'law.
I COV fRA.f A -IPiF LAT 1(,----... ---
I(O~ERAGE lSDt~! h/~
ICOYfR.G~ e -CONS~MER
IPRICe IND'~' 141.5
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BUILD INGS
BUSINESS Pt,SONAt
P~GvE1H'f
LeSS GF INCQ"E t ACTUAL lOSS
I04..C.UftANC Y: t'::kC "Nl H. E
I
IlOCATION Of CO~eFlJ PP~MJS~S looce .rC~LEFr~lO R~ u5
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SEC.TION 11 I PALO ALTa (." Q.t.303-4?GJ
l BUSIN~SS Ll4elLrrv • 1.0JD100G !
~ ~(DIC~L PAv~tNTS , 5.QOO I
PROOUCTS-COMPLETED CPE'.TIONS I
lPeo. AGG~EGATE '2,OOOyOOJ I
GE~Ef.:AL. AGGREGATE lOTHE~ I
THAN PCOI , 2.000.000 I
------------------------------------------1 [E'OlJc.TlSLe"HCJrCN I t IN CASf (jf lOSS I
s ~oo ~A5rc J U~OEk THIS POLICY, I-----------------------------~----
j THf DEDUCT:3lE.~lLll
I af APPL leO TO EACH I
j OCCURRENCE AND ~rLLI
J be DEoucrlO fAO~ t
CTHi:Fc; OEOOCTlBl!:S t1~YI THE A~.iJUNl' Gf THE: I
APFLY-REfeR TO POLICYI LD'S. I
I .;~;~;;-~;~;~~;-;~;-~~~~;;~~~~~;--------------------I;~~~;;E~~~~---------------
I fP-b1DJ SPECJAl FOPM J IP~cMIvM CE(RE4SE
F[,-63~1 J..C TU~.L CASH VALUE -CONTE"" T~ I, 1.15 I FE-6laf THEFt 0EL~T[U~ ENOG~SE~lNT ,
I f(-b320 ~Dan[i::t·U .. L It,.s.Uf(EU l
fE-62D5 A~ENOATORY ~ND0~S~MiNT I
1
fE-6506 SPECIAL fORM 3 POL E:~OO~S~~E~T 1-------------------------·
F'E-61,.~1 HI:EoE Ot:;,:,P.{S P.t~0VAl _ .. __ 1_ ..... _ ... _ 1--····_--------
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CilCc/i'J f r fi-i!a 30. 1C
Y~r policy consists of rhis page. 41"Y end(J.'S6mer'lll
.aOO ftl~ poficy /(Jrm. J(tJep /tI85e bgetMr
DAI L'f REF'OR T
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ADDITIDNAllNSUIIEDS ENDORSEMENT CFl'FCT1Vf., 9/21/90
DeSIGNATED PREMISES ONLY
Policy No.' 91-6~ SSS'-".....:.' ____ _
NIHM of A6Ifltional Insu:-ed(I)
CITY OF PAU"'I "LT('I
RE . .I.~ ... 1'-_~~TD.Tr. f'IVI~ln':
Addrwl of Additionilinsured,s)
FO nox 102Sl,)
P'W A! .. 'TD C~ 9A3u-<t-<.JSf ~
In .... 'Of AddJtfonal InStJI'Wd(I):
~ of Premi!l8S: '::'1:,1(1) :MID':'~.·:~;:
PALO /J,.L'l"I"'I ,-,
Thl word "!rmJred-, wh«irw-e, UI~ in thi!l policy. <llso indudn :~ de51~na~ 'Penon or Of'il8:niullcm
named .. bc1ve .. .6.ddftiona: 1MUrP.C1 under the pro\'isijons 01 tho: respective Sectior.l IhQ"",n U .~iclbl'
by 4In "X .. below 10 L"-elrtent inctattd.
o s.ctJon I apprable Cflty OIlS 10 CGver.;e A -6uildings.
o 5ectkJn I IPP!'icitl»roi only .. l to c", .. r.g:1 B • B-.lslnass Per.o" .. ' Property.
o.r:ription 01 PropItrty:
til $eetlon If applicabFe o~ .. ,. to COVWl"'ge L -8\Jtlii'l .... Lilbility and Covsr.g. M -M9d'jell P.y
m-nt. ooly wi't!'l r.espect '0 thl Qwnel'$h,p, mai"tenan~e or use nt Ille prBmf1.es d&sig"HHed .bove .ndI
opefa1ions n~es:sary or incider1t31 there1. T~8SlI Section LI cOile/age!. clo not apply 10'
1. "o.luC1.\Jral :!IUlr!1 ic ns Of new C{.IMtruCllon poerl'ormed by lOr on be-half 0 f the ~~sign&ted person
br organiution; or
2. pe,-.on., Injury C.~:!Ied by tha dHignated penon or organization. Of
3. liability assumed 'by th., des~naled person or organiration umt&r a contract; O-!"
•. 8ny proGucu h .. bihty af~in~ o~~ of O_o~d$ or inventory whicl1 Irt: t'1ot sold or distributed by ttli
named: in.ur.d (If to any I~abliity arl-Slng out ~f the-manufacturing or packsging o~ !lUch goodt
lOr inven.tory •. • " ".
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INSUIA.NC[ IDfNtJ'IOInON CARD
PU,o,U I~ AI.,;. AtD;l!:""1', Wo..oIF-'I.o.TfH
FARMERS INSURANCE EXC"ANGE
~ ~t'nh~ ~~MWERM SENt~A lb~ ~II--l'ri UM. PF MUlICo..i. S !C~ CO~ ~t. 0'\.
,120D c~Q D NIL. NIL
....:::l. ~y n. :!l\ Dl!oT, AOl. ic~ l~ ~l 03 12 30~ ::: 9ffCJM!c .. T'E
COy
DU~N:l one:
~Il COY
/o('.tw""'-"lS\ON VIERRA
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EXHIBIT C
PARi II • SUPPLEMeNTS TO BID fORMS SECilON 004iO
CfRTlF/CA TlON OF NOND/SCRIM/IVA TION
Certif1ca1lQn of Nondl,crimir1Jtl!Q.1'J..,; As sU;Jpiiers of goods Of services to tMe Crty of
Palo Alto. the firm and individuals listed below certifies that they do not discriminate
in employment with regards 10 age, ~ace. cr )l', reiigiol1, national odgin, ancestry,
disability, or sexual preference; that they are in comprianc.O' with all Federal, StEHe-(!nd
local directives and executive orders regarding nondiscrtminatioll in employment; and
that they agree to demonstrate positively and aggressively the prrnciple of equal
opportunity in empfoyment.
The Bidder/Proposer agrees sp.cifically:
1.0 To estabJj~h or observe employment po!icies which atfirma!ively promote
opportunities fer minOiity persons at al! job levels.
2.0 To communicate this polley to all persons concerned. including all
employees, outside recruiting sen/jces. especially those serving minority
communities, and to the minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the
organization.
4.0 To be knowledgeabie of the local, state, and federal laws and regulations
concerning affirmative action poricles and provide opportunities for
employees.
Firm'· _________________ _
Title of Officer Sfgning:
/ c-'~ / .. /~/7 Signature ...-,....,........ .6 ~% d ,....-. "'-' ./ ;;>_ '1,( oS
D ./
Date "/lA, ... < < -;/'0 /7' f '5
P.ease InC}uVe a:y additional information available re~aiding
employment programs now in effect within your company.
END OF SECTION
CITY 01 PALO ALTO: Non·di$crimlnation 15(93f
equal opportuni1:','
SECTlor~ 00410·'