CC 02-21-2023 Item No. 5 Accounts Payable November 13, 2022 Written CommunicationsCC 02-21-23
Item # 5
AP ending
November 13, 2022
Written
Communications
2/21/2023 City Council Meeting Item #5 Accounts Payable for the period ending November 13,
2022
Staff’s responses to questions received from councilmember are shown in italics.
Q1: What causes an accounts payable to be missed like this? (Chao)
Staff response: This item was missed primarily due to this file not showing in the two network
folders where the AP registers are stored.
Q2: What is being done to prevent this in the future? Who is doing it? (Chao)
Staff response: This appears to be a onetime glitch as the file reappeared subsequent to
submission with the same date as all the other files. Staff who prepare these reports will be
more diligent in searching beyond these folders and rerunning reports from the financial system
as necessary to ensure all reports are included.
Q3: The previous Council got these Accounts Payables to finally be submitted by month
regularly. Will this continue? (Chao)
Staff response: Yes, this is requirement.
Q4: Has there been a check from 2018-present? How many are still missing? (Chao)
Staff response: Staff has looked back only as far as the current fiscal year. None missing from
this search.
Q5: How frequently are the Accounts Payables reconciled? (Chao)
Staff response: On a weekly basis.
From:Peggy Griffin
To:City Council
Cc:City Clerk
Subject:2023-02-21 CC Mtg Consent Calendar - Please PULL ITEMS 5 and 6
Date:Sunday, February 19, 2023 5:28:37 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear City Council members,
I am requesting that you PULL Consent items:
ITEM 5 Accts Payable Nov. 13, 2022
ITEM 6 Commemorative Bench and fee waiver
I, as a member of the public, I requested that these items be pulled during the Feb. 7, 2023 CC
meeting. These items were pulled prior to the rules changing and I am still interested in discussing
these 2 items. I hope one of you can please request they be pulled. Thank you.
Sincerely,
Peggy Griffin
From:Liang Chao
To:Pamela Wu
Cc:City Clerk
Subject:Fwd: 2023-02-21 CC Mtg Consent Calendar - Please PULL ITEMS 5 and 6
Date:Sunday, February 19, 2023 6:24:10 PM
I'd like to pull Item 5 and Item 6, as stated.
Thanks.
Liang
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Peggy Griffin <griffin@compuserve.com>
Sent: Sunday, February 19, 2023 5:28 PM
To: City Council <CityCouncil@cupertino.org>
Cc: City Clerk <CityClerk@cupertino.org>
Subject: 2023-02-21 CC Mtg Consent Calendar - Please PULL ITEMS 5 and 6
Dear City Council members,
I am requesting that you PULL Consent items:
ITEM 5 Accts Payable Nov. 13, 2022
ITEM 6 Commemorative Bench and fee waiver
I, as a member of the public, I requested that these items be pulled during the Feb. 7, 2023 CC
meeting. These items were pulled prior to the rules changing and I am still interested in discussing
these 2 items. I hope one of you can please request they be pulled. Thank you.
Sincerely,
Peggy Griffin
From:Kitty Moore
To:City Clerk; Kirsten Squarcia
Subject:Item 5 Written Communications for Today
Date:Tuesday, February 21, 2023 12:51:08 PM
Attachments:22-056 Consulting Services Agreement for Executive Recruitment, Boucher Law.pdf
Dear City Clerk,
Please include the attachment for Item 5 Written Communications.
The attachment is the contract the City made with Boucher Law, PC for Finance Manager and Public
Information Officer recruitment.
Item 5, Accounts payable, includes a payment to Boucher Law, PC for a Finance Manager dated
11/04/2022. The City did not hire candidates from Boucher Law’s recruitment process.
Approximately $15,740 was paid to Boucher Law, PC for Finance Manager recruitment. Recall that
Boucher Law also conducted labor negotiations under another contract with the City.
The City did not end up hiring a Finance Manager from the recruitment process, however, an
employee of Boucher Law, PC began attending the Audit Committee meetings with the title of
Interim Finance Manager. I believe that is what this payment is for. The employee later stopped
attending the meetings.
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389
Consulting Services Agreement for Executive Recruitment, Boucher Law
Page 1 of 9 Professional/Consulting Contracts /Version: October 2021
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Boucher Law (“Contractor”), for Consulting Services Agreement for Executive Recruitment,
and is effective on the last date signed below (“Effective Date”).
2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry
out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on August 31, 2022 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by August 31, 2022. The City’s appropriate department head
or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
40,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
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claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal t ime off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Consulting Services Agreement for Executive Recruitment, Boucher Law
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Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
a) The original Services for which Contractor was hired;
b) Completion of the original Services by others;
c) Subsequent additions to the original Services; and/or
d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
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Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees , agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
a) Breach of contract, obligations, representations, or warranties;
b) Negligent or willful acts or omissions committed during performance of the Services;
c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
Consulting Services Agreement for Executive Recruitment, Boucher Law
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the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
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13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Kristina Alfaro as the City’s representative for all
purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Christopher Boucher
as its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City’s Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
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California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
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Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Kristina Alfaro
Email: KristinaA@cupertino.org
To Contractor:
Boucher Law
2081 Center Street
Berkeley, CA 94704
Attention: Christopher Boucher
Email: christopher@boucher.law
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Christopher Boucher
Christopher Boucher
Apr 24, 2022
Kristina Alfaro
Director of Administrative Services
Apr 25, 2022
Consulting Services Agreement for Executive Recruitment, Boucher Law
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APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Apr 25, 2022
EXHIBIT A
Exhibit A
Scope of Work
Scope of Work: The Consultant agrees to perform certain services necessary for the
completion of the search. The scope of work presented represents a partial Finance
Manager and Public Information Officer recruitment that includes the following
services:
a) Recruitment Planning
b) Active Recruitment
c) Candidate Screening and Reporting
Phase I
Meeting with the City Manager, Administrative Services Director, and
other key stakeholders to develop a clear understanding of the
Agency’s current and future needs. Boucher Law, PC will utilize this
meeting to collect information regarding the characteristics of an ideal
candidate, priorities and anticipated challenges for the position, aspects
of the Agency’s culture, and potential outreach/recruitment sources.
Developing a customized recruitment flyer to solicit candidates for the
vacant position.
Developing and placing advertisements in relevant magazines,
journals, professional organizations, and websites to attract candidates
on a local, regional, statewide targeted basis.
Identifying and conducting targeted outreach to qualified candidates as
may be appropriate.
Receiving and reviewing applicant resumes to screen applicants for
minimum qualifications and desirable qualifications.
Phase II
Conducting phone interviews with qualified candidates to further
assess their experience, knowledge, and skills in line with the ideal
candidate profile.
Preparing a customized Client Report with information regarding the
recruitment process and results, recommendations regarding
EXHIBIT B
Exhibit B
Schedule of Performance
Services to be performed: Consultant shall perform each and every service set
forth in Exhibit "A" which is attached hereto and incorporated herein by this
reference.
EXHIBIT C
Exhibit C
Compensation
Compensation: The professional fee for a Finance Manager and Public
Information Officer recruitments is not to exceed $40,000. The net flat fee amount
per recruitment is $13,950, not including reimbursable expenses as noted under
reimbursable expenses.
REIMBURSABLE EXPENSES
In addition to the above, all reimbursable expenses will be billed at cost and
there is no mark-up. Reimbursable expenses include all costs and expenses
reasonably incurred by our firm to render said professional services, including,
but not limited to, recruitment ads, professional graphic design, messenger and
other delivery fees, postage, photocopying, lodging, meals, parking, mileage, and
toll. Mileage will be reimbursed at an amount allowable by the IRS. In-house
printing will be charged at $0.15 per page for black and white copies and $0.50
per page for color copies. Travel expenses for candidates are not included but
may be authorized by the Agency to be incurred as part of our firm’s billing.
Expense reimbursements will be billed to the Agency on a monthly basis. The
estimated expenses for job postings and other ancillary recruitment costs are
estimated to be $3,500.
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non -contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self -
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written
on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Jan. 2022
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self -insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self -insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self -insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A -VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE
LOCJECTPRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
RETENTIONDED
CLAIMS-MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
INSRLTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF(
MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY)LIMITS
PERSTATUTE OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSD
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
INSURED
PHONE(
A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX(
A/C, No):
CONTACTNAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
02/04/2022
BARNEY FONG
Shield One Insurance Services (510)962-2780 (510)372-0425
433 Estudillo Ave #103
SHIELDONEINS@COMCAST.NETSanLeandro, CA 94577
Phone: (510) 962-2780 Fax: (510) 372-0425
CHUBB (ACE PROP&CAS INS COMPANY)20699
BOUCHER LAW PC
PROGRESSIVE (UNITED FINANCIAL CAS CO)11770
EMPLOYERS PREFERRED INSURANCE CO 31283(NCCI)
2081 CENTER STREET UNITED STATES LIABILITY INS COMPANY 25895
BERKELEY CA 94704
01/01/2022AX 2,000,000D95187444
X
X X
1,000,000
5,000
4,000,000
X 4,000,000
01/01/2023
1,000,000
B X 04291124-0 01/01/2022 07/01/2022
X
X X
EIG 4662047 01
X
C N
1,000,000X01/01/2022 01/01/2023
1,000,000
1,000, 000
D COMMERCIAL UMBRELLA CUP1567664 01/11/2022 EachOccurrence01/11/2022 $1,000,000
General Aggregate $1,000,000
ATTORNEY AT LAW / VARIOUS LOCATIONS / 2019 HYUNDAI KONA ELECTRIC (LAST 4 OF VIN 9915)
ADDITIONAL INSURED : The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers.
CITY OF CUPERTINO
10300 TORRES AVENUE
CUPERTINO, CA 95014
DocuSign Envelope ID: 7492E36B-9646-4100-8519-E636890A69B9
2/ 4/2022
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
Ed. 4-84)
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective
Policy No.
Endorsement No.Issued to
Premium
By:
Carrier Code
Ed. 4-84)
Authorized Representative
Countersigned at on
at 12:01 AM standard time, forms a part of
Of the
WC 04 03 06
1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
Schedule
Person or Organization Job Description
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged in the work described in the Schedule.
The additional premium for this endorsement shall be _____% of the California workers' compensation
premium otherwise due on such remuneration.
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.
2
This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation
01/01/2022
EIG 4662047 01
CHRISTOPHER BOUCHER
00920
EMPLOYERS PREFERRED INS. CO.
Consulting Services Agreement for Executive
Recruitment, Boucher Law
Final Audit Report 2022-04-25
Created:2022-04-06
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAhVOB-y6K2uBAOHVzFyvUgmi8DjQOMJGG
Consulting Services Agreement for Executive Recruitment, Bou
cher Law" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-04-06 - 4:09:52 PM GMT- IP address: 35.229.54.2
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Agreement completed.
2022-04-25 - 5:35:52 PM GMT
From:Liang Chao
To:Pamela Wu; City Clerk
Subject:Fwd: February 21 City Council meeting - Staff Responses to Councilmember questions
Date:Tuesday, February 21, 2023 6:53:01 AM
Attachments:CC 02-21-23 Item #1 City Hall Renovation_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #1 City Hall Renovation Responses to Councilmember Questions Attachment Funding Costs
Estimates.pdf
CC 02-21-23 Item #1 City Hall Renovation Responses to Councilmember Questions Attachment CIP Projects
List.pdf
CC 02-21-23 Item #5 AP ending November 13, 2022_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #6 Commemorative Bench Dedication Policy_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #10 Civil Grand Jury Report_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #11 Amendments to City Committees_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #12 December Monthly Treasurer"s Report_Responses to Councilmember Questions.pdf
CC 02-21-23 Item #1 City Hall Renovation Amended Attachment B - City Council Timeline City Hall Project_Desk
Item.pdf
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(Please disregard the previous email, I accidentally hit that “arrow” to send.)
I appreciate the responses and the effort taken to provide responses in a timely manner and the
effort made to make all responses available to all Councilmembers and the public.
I understand the need to shorten the questions.
But some of my questions were taken out of context and the nature of the questions were
changed as a result. I'd like to request that all of my emails with my original questions to be
entered as written communication for this meeting to provide the original context of the
questions.
Please let me know if the staff doesn't have time to find those emails and need me to find
them.
Please enter this email into the written communication too.
Thanks.
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Kirsten Squarcia <KirstenS@cupertino.org>
Sent: Monday, February 20, 2023 6:45 PM
To: Department Heads <DeptHeads@cupertino.org>
Cc: City Clerk <CityClerk@cupertino.org>
Subject: February 21 City Council meeting - Staff Responses to Councilmember questions
Dear Mayor, Vice Mayor, and Councilmembers (Bcc’d on this email),
Attached are the following supplemental items for the February 21 City Council meeting. They can
also be accessed with the agenda and packet here. These items will also be posted for the public.
Regards, Kirsten
Staff Responses to Councilmember questions:
CC 02-21-23 Item #1 City Hall Renovation_Responses to Councilmember Questions
CC 02-21-23 Item #1 City Hall Renovation Responses to Councilmember Questions
Attachment CIP Projects List
CC 02-21-23 Item #1 City Hall Renovation Responses to Councilmember Questions
Attachment Funding Cost Estimates
CC 02-21-23 Item #5 AP ending November 13, 2022_Responses to Councilmember Questions
CC 02-21-23 Item #6 Commemorative Bench Dedication Policy_Responses to Councilmember
Questions
CC 02-21-23 Item #10 Civil Grand Jury Report_Responses to Councilmember Questions
CC 02-21-23 Item #11 Amendments to City Committees_Responses to Councilmember
Questions
CC 02-21-23 Item #12 December Monthly Treasurer's Report_Responses to Councilmember
Questions
Desk Item:
CC 02-21-23 Item #1 City Hall Renovation Amended Attachment B - City Council Timeline City Hall
Project_Desk Item
Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
2/21/2023 City Council Meeting Item #5 Accounts Payable for the period ending November 13,
2022
Staff’s responses to questions received from councilmember are shown in italics.
Q1: What causes an accounts payable to be missed like this? (Chao)
Staff response: This item was missed primarily due to this file not showing in the two network
folders where the AP registers are stored.
Q2: What is being done to prevent this in the future? Who is doing it? (Chao)
Staff response: This appears to be a onetime glitch as the file reappeared subsequent to
submission with the same date as all the other files. Staff who prepare these reports will be
more diligent in searching beyond these folders and rerunning reports from the financial system
as necessary to ensure all reports are included.
Q3: The previous Council got these Accounts Payables to finally be submitted by month
regularly. Will this continue? (Chao)
Staff response: Yes, this is requirement.
Q4: Has there been a check from 2018-present? How many are still missing? (Chao)
Staff response: Staff has looked back only as far as the current fiscal year. None missing from
this search.
Q5: How frequently are the Accounts Payables reconciled? (Chao)
Staff response: On a weekly basis.
From:Kitty Moore
To:City Clerk; Kirsten Squarcia
Subject:Please pull Consent Item 5 and 6
Date:Tuesday, February 21, 2023 3:14:44 PM
Dear City Clerk,
Pursuant to City Council Resolution 23-021 I request that Items 5 and 6 be pulled from Consent.
Thank you,
Kitty Moore
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389