10-115 Services Agreement, Joe A. Gonsalves & SonAGREE=MENT
BETWEEN JOE A. GONSALVES & SON
AND THE CITY OF CUPERTINO
The CITY OF CITY OF CUPERTINO (hereinafter "CITY ") wishes to engage the
services of JOE A. GONSALVES & SON (hereinafter "ADVOCATE "), located at 925 L Street,
Suite 250, Sacramento, California, to provide services in legislative advocacy and governmental
affairs in matters affecting cities in the State of California.
The purpose of this Agreement is to state the terms and conditions under which
ADVOCATE will provide services to CITY.
The terms and conditions are limited to the following:
ADVOCATE's Scope of Services. ADVOCATE agrees to assume and perform
the following duties and responsibilities:
a. ADVOCATE is designated and authorized by CITY to act as its official
legislative advocate with the California State Legislature and all California
State Agencies regarding issues affecting CITY.
b. ADVOCATE shall review all legislative bills introduced in the California
Legislature and shall inform the CITY of all such legislation affecting CITY's
interests. ADVOCATE shall Forward weekly a copy of all such bills to the
CITY.
c. ADVOCATE shall assist CITY in identifying and obtaining state funding
available for CITY programs and proposed capital projects.
d. ADVOCATE shall provide a monthly written summary conducted on behalf of
the CITY during the legislative session and at other times if significant activity
warrants it.
e. ADVOCATE shall arrange meetings with legislative representatives for
CITY's elected officials and staff when necessary.
f. ADVOCATE shall initiate legislative proposals on behalf of the CITY.
g. ADVOCATE shall attend and provide testimony on behalf of CITY in
legislative hearings when warranted.
2. CITY 's Duties and Responsibilities:
a. CITY shall analyze and review all legislative bills submitted to it by
ADVOCATE and inform ADVOCATE, in writing, of its position on any and
all such bills CITY wishes ADVOCATE to pursue.
AGREEMENT CITY OF CITY OF CUPERTINO
Page 2 of 3
b. CITY shall, on a timely and continuing basis, apprise ADVOCATE of the
specific issues and bills it wishes to have analyzed or pursued by ADVOCATE
under this Agreement.
c. CITY shall, on a timely basis, pay all bills and invoices submitted to it by
ADVOCATE.
3. Effective Date and Term. This agreement shall become effective on the (S 1''—
day ofA6ve4201 1, and shall continue in full force and effect unless and until
terminated by CITY and /or by ADVOCATE.
4. Compensation. CITY shall pay to ADVOCATE the monthly sum of $3,500
(THREE THOUSAND AND FIVE HUNDRED DOLLARS AND NO CENTS)
payable in advance on the first day of each month.
5. Costs and Expenses. CITY shall reimburse ADVOCATE for any travel and/or
other expenses directly related to any request by CITY for ADVOCATE to
participate in any meetings or activities outside of Sacramento. ADVOCATE
shall obtain pre - approval if travel and /or other expenses are expected to exceed
$500.
6. Attorney "s Fees and Costs. If any legal action is necessary to enforce or interpret
the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, costs, and necessary disbursements in addition to any other relief
to which such party may be entitled.
7. Indemnification. ADVOCATE shall, to the fullest extent allowed by law,
with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials,
agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of
them, including any injury 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 performance of
this Agreement by ADVOCATE or ADVOCATE's employees, officers,
officials, agents or independern: contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of CITY's choice, expert
fees and all other costs and fees of litigation.
8. ADVOCATE agrees to indemnify and hold harmless CITY, its officers, agents
and employees from any and all claims and losses accruing or resulting in
connection with the performance of this Agreement, and from any and all claims
and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by ADVOCATE's performance of this Agreement as a result
AGREEMENT CITY OF CITY OF CUPERTINO
Page 3 of 3
of the sole negligence of ADVOCATE and totally without fault to the CITY, its
officers, agents or employees.
9. Governing Law. This Agreement shall be governed by the laws of the State of
California.
10. Entire Agreement /Severability. This Agreement has 3 ( THREE) pages. It
constitutes the entire Agreement between parties regarding its subject matter. If
any provision of this Agreement is held by any court to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force
and effect.
11. Notice of Termination.
a. Notice of termination under this Agreement by ADVOCATE shall be
given to CITY by certified mail to the following address:
Carol Atwood
City of Cupertino
10300 Torre Avenue
City of Cupertino, CA 95014
b. Notice of termination under this Agreement by CITY shall be given at
the following address:
Anthony D. Gonsalves
Joe A. Gonsalves & Son
925 L Street, Suite 250
Sacramento, CA 95814
12. Amendments. The Agreement may be modified or amended only by a written
document executed by both ADVOCATE and CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as follows:
JOE A.
DATED: ( ( • ( 6 (";) BY
DATED: ( I ► ► o BY
SON
F CITY OF CUPERTINO
DATED: � 1 -S it, APPROVED AS TO FORM
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Page 1 of 1
C A L I F O R N I A Report of Lobbyist Employer and Lobbying Coalition
SECRETARY OF STATE Filing Submitted - Form 635
The Form 635 Has Been Submitted
Filing ID. 1616932 -0
Time Submitted: 10/10/201110,01:32 AM
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Copyright 02003 California Secretary of State
10/10/2011
REPORT OF LOBBYIST EMPLOYER
(Government Code Section 86116) PAGE 1 OF 4_
Or
❑ REPORT OF LOBBYING COALITION
(2 Cal. Code of Regs. Section 18616.4)
FORM 635 IMPORTANT: Lobbying Coalitions roust attach a
1993
completed Form 635 -C to this Report.
REPORT COVERS PERIOD FROM 7/1/2011 THROUGH 9/30/2011
FOR OFFICIAL USE ONLY
CUMULATIVE PERIOD BEGINNING 1/1/2011
A
TYPE OR PRINT IN INK
For infmrnnation required to be Provided to you pursuant to the It( formation Practices Act of 1977, see In onnation B
Manual on Lobbying Disclosure Provisions of the Political Refornt_Act.
NAME OF FILER:
CUPERTINO; CITY OF
BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER:
10300 TORRE AVENUE CUPERTINO CA 95014 (408) 777 -3200
PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY L013BIED DURING THE PERIOD
(See instructions on reverse.)
AB 66
❑ If tnore space is needed, check box and attach continuation sheets.
SUMMARY OF PAYMENTS THIS PERIOD
A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Coluntn I ...... $0.00
B. Total Payments to Lobbying Firms Part III, Section B, Column 4 $14,000.00
C. Total Activity Expenses (Part III, Section C $0.00
D. Total Other Payments to Infltnence (Part III, Section D) ........................................... ...............................
........... $0.00
GRAND TOTAL (A + B + C + D above) .. ............................... $14,000.00
E. Total Payments in Connection with PUC Activities Part 111, Section & ................. $0.00
F. Campaign Contributions: ❑ Part IV completed and attached No campaign contributions made this period
VITRIFICATION
I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the Informa-
tion contained herein and in the attached schedules is true and complete.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on (Date) At (City and State) By (Signature of Employer or Responsible Officer)
10/5/2011 Cupertino, CA
Nance of Employer or Responsible Officer (Type or Print) Title
Carol. Atwood Director of Administrative Services
1616932 -0
NAME OF FILER: PERIOD COVERED:
PAGE 2 OF 4
7/1/2011 -- 9/30/2011
PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS
REPORT (See instructions on reverse.)
Name and Title
Name and Title
❑ If more space is needed, check box and attach continuation sheets.
PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITI:S
A. PAYMENTS TO IN -HOUSE EMPLOYEE LOBBYISTS
(Sea instructions on reverse. Also enter Ike Amount This Period
(Colunut 1) on Line A of the Summary of Payments section on page 1.)
(
Amount This
Period
(
Cumulative Total
i
To Date
$0.00
$0.00
B. PAYMENTS TO LOBBYING I IRMS (Including Individual Contract Lobbyist)
Name and Address of Lobbying
Firtnllndependent Contractor
(1)
Fees &
Retainers
(2)
Reimbursements
of Expenses
(3)
or
Other Payments
(attach ex n
(4)
(4)
Total
This Period
($)
Cumulative
Total to Date
Joe A. Gonsalves & Son
925 L Street
Sacramento, CA 95814
$14,000.00
$0.00
$0.00
$14,000.00
$40,250.00
TOTAL THIS PERIOD (Column 4)
❑ If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the
continuation sheets Summary of Payments section on page 1.
$14,000.0
1616932 -0
PAGE 3 OF 4
NAME OF FILER•CUPERTINO; CITY OF PERIOD COVERED: 7/1/2011 - 9/30/2011
C. ACTIVITY EXPENSES (See instructions on reverse.)?
Name and Official Position Description of Total
Date? Name and Address of Payee? of Reportable Persons and Consideration Amount
Amount Benefiting Each of Activity
F1 If more space is needed, check box and attach
continuation sheets.
TOTAL SFCTION C (Activity Expenses)
Also enter the total of Section C on Line C of
the Summary of Payments section on page 1.
D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION
NOTE: State and local government agencies do not complete this section. Check box and complete
Attachment Form 640 instead.
1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed
Form 630 to this Report.)
2. OTHER PAYMENTS?
$0.00
$0.00
TOTAL S ECTION
D (I + 2) Also
enter the fatal of
Section D on Line
D of the Summary
of Payments
E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS
BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter lire total of Section E on Line E of tire?
Summary of Payments section on page 1. (See instructions on reverse.)
1616932 -0
$0.001
$0.001
$0.001
PAGE 4 OF 4
NAME OFFILER:CUPERTINO; CITY OF PERIOD COVERED. 7/1/2011 - 9/30/2011
PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non - monetary campaign contributions of $100 or more
made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such
candidates or officers must be reported in A or B below.)
A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained
in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its
identification number, if any, below.
Name of Major Donor or Recipient Committee Which Identification Number if
Has Filed A Campaign Disclosure Statement: Recipient Committee:
B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions
made by an organization's sponsored committee, must be itemized below.
Date
Name of Recipient
T.D. Number if
Committee
Amount
❑tf more space is needed, cheek box and attach continuation sheets,?
NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign
disclosure statements required by Gov. Code Section 84200, ct seq.
1616932.0