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11-127 Consultant Services, Mary Bradley AGREEMENT FOR SERVICES BETWEEN MARY BRADLEY & THE CITY OF CUPERTINO THIS AGREEMENT, for reference dated /2// , 2011, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Mary Bradley, an individual whose address is Sunnyvale, California(hereinafter referred to as "Consultant"), and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. City and Consultant desire to enter into an agreement for twelve months upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SCOPE OF SERVICE CONSULTANT shall perform services as outlined in Exhibit A attached. 2. COMPENSATION CITY will compensate CONSULTANT the total rate of $75.00 per hour when performing the scope of services. Compensation paid under this Agreement shall not exceed $20,000 for the fiscal year ending June 30, 2012. 3. TERM The term of this Agreement shall be effective from December 1, 2011 to June 30 2012. 4. AMENDMENTS Only a written instrument signed by all the parties may amend this Agreement. 5. TERMINATION Any party upon 30 days written notification to the other parties may terminate this Agreement. Upon termination, payment will be due to CONSULTANT on a pro- rated basis for only those services provided to CITY. 6. NOTICES All notices prescribed by this Agreement shall be in writing and shall be deemed effective upon their deposit in the United States mail, postage prepaid with return receipt requested and addressed: To CONSULTANT: Mary Bradley To CITY: Carol A. Atwood City of Cupertino 10300 Tone Avenue Cupertino, CA 95014-3255 7. INDEMNIFICATION CONSULTANT shall defend and hold harmless CITY from any action or lawsuit brought against her or CITY arising out of any act, advice or omission on the part of CONSULTANT while carrying out the duties set forth above. 8. INSURANCE Each party to this Agreement shall, at its own expense, maintain a program of self-insurance and/or insurance for general liability coverage in the amount of at least one million dollars ($1,000,000) per occurrence and in the aggregate and statutory California workers' compensation coverage. This coverage shall remain in force during the entire term of this Agreement. Each party shall provide evidence that the required coverage is in place. 9. NONDISCRIMINATION In the performance of the work authorized under this agreement, CONSULTANT shall not discriminate against anyone because of race, creed, color, ancestry, religion, marital status, medical condition, age (over 40), physical or mental handicaps, veteran or non-veteran status, sex, or national origin. 10. ASSIGNMENT The parties hereto agree and understand that this is an agreement for professional services and shall not be assigned by the CONSULTANT in any manner. It is further understood that CONSULTANT is not an employee the CITY. 11. INDEPENDENT CONSULTANT CONSULTANT undertakes performance of this service as an independent CONSULTANT and shall be wholly responsible for the methods of performance. CITY will have no right to supervise the methods used, but the CITY will have the right to observe such performance. 2 12. GOVERNING LAW This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. 13. SEVERABLITY If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 14. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. All prior :negotiations, written agreements and oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as indicated below: _ D.4.A31.ti tA.) t, 0, Mary B a ey b Date David Knapp Date City Manager, City of Cupertino APPROVED AS TO FORM: carol Korade, City Attorney City of Cupertino 3 Exhibit A Scope of Services CONSULTANT will provide assistance on specific projects with the Finance Department. These services include, but are not limited to, the following, provided agreement is reached by all parties concerned: ❑ Establish City Channel Internal Service Fund and propose an annual funding level based on prior three year allocation; ❑ Research and summarize information for employee negotiations including analysis of two-tier options (2.5% at 60, 62, or 65), three highest years or other options; ❑ Calculate the actual employee cost package of the prior two years given known benefit increases and negotiated savings; Calculate cost of proposals in upcoming negotiations; ❑ Assist with the property owners mail-in ballot measure for Clean Creeks/Storm Drain fees; ❑ Analysis of excess Workers' Compensation as to premiums and appropriate self insured amounts ❑ Monitor the municipal bond market and provide advice as to an advantageous time to pursue a debt refunding. 4 DATE(MM/DD/YYYY) A o® CERTIFICATE OF LIABILITY INSURANCE 11/30/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION STATE FARM INSURANCE- MIKE KLEIN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 150 W IOWA AVE, STE 102, SUNNYVALE CA 94086 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ti INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:State Farm General Insurance Company 25151 25151 Bradley, Mary INSURERC INSURER D INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS X GENERAL LIABILITY 052121 11/16/2011 11/16/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE MIT APPLIESPER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- POLICY JECT I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE John Reyes ACORD 25(2001/08) The registration notices indicate ownership of tie marks by their respective owners ©ACORD CORPORATION 1988,2007 132849 03-13-2007 All rights reserved IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08)