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09-045 City Attorney Service AgreementATTORNEYS' SF;RVICE AGREEMENT BETWEEN CITY OF' CUPERTINO AND DANG AZJD TRACHUK The City of Cupertino ("City") hereby retains the firm of Dang and Trachuk ("ATTORNEY") to provide interim city attorney services to CITY on the terms set out below. A. The services provided include the following: 1. Representation of and advice to t}ie Council, City Boards and Commissions City officials in legal matters municipal government. This includes: a. Attendance as City Cc-uncil meetings, except study sessions, unless excused by the Mayor and Council; b. Attendance at Planning Commission meetings; c. Consultation with they City Manager and Department Heads or authorized representatives; d. Telephone and correspondence with members of the public and press; and e. Preparation and review of all proposed ordinances, resolutions, contracts, and other documents pertaining to the City's business; f. Code enforcement, including litigation. B. The hourly rate for these services is $175. The total amount to be paid under this contract shall not exceed $103,750. C. "Litigation" includes court or administrative proceedings of every type or nature, and includes client conferences, file and report review, interviews, legal research, site visits, and discussions with witnesses acid experts prior to formal commencement of proceedings. D. For litigation matters, in ~additioa to the hourly rate set out i,n B above, pT70RNEY shell be compensated. for actual txpensas for process service txanscripls, copyiog expert cons~ilteu~ts and facsimile tran9rnission charges E, .The temt of this agreement shall corr-mence an March 9, 2609 aad end on July 31, 2009 and may be terrninatvd earlier by either party on thirty (30) days written nQtxce. Detad: c ,I ~ ~~ I ~ 9 , 2009 Approved e.s to Form: ~' Cliy'a Legal Counsel CITY OF CZJpERTiNO 1~ Mayoc DANG AGREEMENT CITY OF CUPERTINO City of I/ 10300 Torre Avenue Cupertino i `~ 4Z-b ~ Cu 408 77"C 200 14 NO. ~ ~~ W BY THIS AGREEMENT made and entered into on the _ ~ day of ~ '~+"~~ 13 ~~rC`rf by and between the CITY OF CUPERTINO (Hereinafter rE~ferred to as CITY) and Name (1) ~ ~ (2) Address ~~ City ~ ~~~~r~~f [.~~ZipG~l~Phone~r` t U~ ~~ 7y- - 41 I,~ (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: SCE C..~,1 firs c }-/~~ ; ~ ~,~~}- a."i~-z< <,~ - ~~ EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on f r ~1,~~ f ~~~` ~~ and shall be completed before ~ l~/~C '~~~;'~ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: -}~vr(,~ rt~~ ~f ~("7~ ;ti;;~-y1 ' ~~~c~~~' n°~ttyu rnv/-~1 c3~ ~~5~, U~~. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all co:~ts of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for a~;ts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurabilit\r Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement.:>aid Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that thi:~ Agreement is not a contract of employment in the sense that the relation of master and servant exists between City ~rnd undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authc rized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transfE~rred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. ~~R~D CONTRACT CO-ORDINATOR and representative for CIT`~ shall be: NAME ~ior'f G ~r/"Z~ DEPARTMENT C~t7~-t ~~iZ;'Y1~.~(j This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year fir written above. CONTRACTOR: ~~ITY OF CUPERTINO BY - Title Soc. Sec. # APPROVALS By T tle EXPENDITURE DISTRIBUTION DEPARTMENT AD DATE /\CCOUNT NUM BER AMO U N T ~ry~ ~'y /J / ,s -~ ~- p1 CITY CLE K DATE ~q / - R/ / ~ c~ 0 c CITY CLERK COPY f AT'FCrRAIE~S' .~ER.~IIC~ AGRIiEllrik~TT SE'i~I:N CITY CAF CiJPFRTTN'C A1YD SANG ~t~~ Tk~ACHC7K . The City of Cuper`ano ("Ciity''j hen:bg retaans the firm of Deng ~3 Tr'acllv~: ("A1TORr+TE~"") to pro~icie interam city attorney services to CITY oa she te-cnc~ sc`c out lxlow. A. 'l~esetvices provided inclt~c~c the 1:allowing; !. Reprascnt$tion of ~d advice t~ tfi~e Cous-ci1, CitS- ~aards ~d Con~stiissi~ns City oft~cials in legaY mester$ o~~eipai govazrrneatt. 'I'hia includes: a. AtteAdsnre as t`ity C:ourn:il roe~thigs, except study ye~iexlS, ~~1~ss exti~ea by the I~fayQS dad C~ur~aif;; b. Afu:ndsnoe at Plennin~~ Cammisalan. meetings; c, Consuttati+~n v~ith tt~_ Gity Manage- slid Deparinzent Heads op aat~iarizrd represcattatives; d. Telepltoc~e eind corres~~aL.dcttce. ~rrith tt~embers o~; th.e public ar~d 1?~ess; and e. P~parati~n and x~evi.ew of al! Fmrosed nrciir~nces, resolutio~as, ean'tsectg, ~d athec dcrcunitnts parta.i~xing tea the City's busincsy; f, Code enforces~nt; irrutnding litigation. H. The hevrly zee for these service~~ i.s a1?5. 'ITtxe total amouxst to he pffi~, uiader t}-is contract shad not exceed S83,OQ4. C. "Y.isigation" includes cotut or ~ait2istrative p=roc;cedir~gs cif evsry type or nsttu~, . e~ iaciuaes a]ient eonfece~ces, fcle add ~eeport rcv-iew, intez'viev~s, 1cgaJ r~:5earc~., site visits, drier disoussions with witnesses ,mod experts prior to fez~al rotzzrr~encement of P'cn~• D. For litigatioa mallets, in addition fo 'the hourly talc get out in B above, ATTORNEY shall ire a4iupensated £or aetwsl eKper~9es for process ser~~ice transcripts, copying expert coresults~ts and facsimile traiastnissian charges. E, _Tha term a€ this ~eement shall cotttmence on h~rch 9, ZOQ9 and sad an Jurt~ 30, 24t?9 and may be Germinated earlier l,y either party on thirty (34) da3~s written notice. Dom; ~. , 204 .4.pg~ved as ~ F©raz: Clty`9 Legal Coz~r-sel CITY a~ CUPEI~T~*I'O ;r ,' ~?~ ~, F Mayor D~N~' AND -~R.~exu~. By Tha . as J. ~'recl~uk ATT'ORNEYS' SEir~ViCE AGREEMk~TT $E7~V~EL-'_N CITY OF CUPF.RTINO END BANG AND TR.ACHUK 'The City of Cupertino ("Ciry•"~ herebS- retains the firm of Deng ~zt3 Tra~cl~uk ("ATTOR1aTE~"') to provide uaterim city al:torney services to CITY un she terms set out below. A. The servicas provided include the following: 1. Reprosentation of and advice to tfie~ Council, City ~Gards atnd ComYnissians City afl3iciale in [egaI matters r~auniaipal govemrrieat. This inalttdes: a. Attendance a9 City Cwneil rnoe3itgs, except stU.dy sesriox~.s, urniess exti`usea by the Mayor a~.d Council; b. Atoendance at Planning C'ommisslnn meetings; c. Cvrisultation with th_ Gity Manage- asld bepaxtn~ent Head9 op authorized represetttatave;~; d. Teleplwae and cornspcnd,ettee with tnembars oz th.e public sTad press; and e. Preparation and review of all pro=osed o~ittatlces, resolutions, contsa,Cts, and, other dacticneats partainJing to the City's business; f. Coda enforc~t, including Litigation. B. The hourly tare for theBe services is 5175. 'I~e total amouztt to be paid wander this cvttttect shall not exceed ~83,OQ4. C. "Litigation" includes e~otut or admit=i,strati~e pmccedirngs of every type or nature, attd inclu8es client confetence~s, file and report r~-iew, interviews, IcgaJ r~:5earch, site visits. and discussions with witnesses and experts pzior to fersxtsl rozzurtiencemextt of proceedings. D. For litigation matters, in ad+iitiox- to the hourly rate set out in B above, ATTORiJEY shall lie compensated for actual expenses far process sen~ice transcripts, copying expert consultants and facsimile transmission charges, E. _The term of this agreeiaeru shall commence on March 9, 20Q9 and end vn June 30.2009 and racy be termiaat~ed earlier by eiShcr party on thirty (30) days written notice. Daood: ~. , 20U4 Approved as to Fomt: City'9 Legal Counsel CITY OF CUPERT,[NO ;~ r i..- Mayor ~ . DA~NC~ AND TRACHUK. By ~ G c ~ -~ L~~ TI~!o J. Trachuk