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19-076 Townsend Public Affairs, Inc., ProfessionalConsulting Services Agreement, for State Legislative Advocacy ServicesCITY OF ll PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1.PARTIES This Agreement is made and entered into as of May 10, 2019 ("Effective Date") by and between the City of Cupe11ino, a municipal corporation ("City"), and Townsend Public Affairs Inc. (IPA) ("Contractor"), a State and Federal legislative advocacy and grant writing firm for State Legislative Advocacy Services. 2.SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set fo11h in detail in Scope of Services, attached here and incorporated as Exhibit A. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on May 10, 2020 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on May 10, 2019 and shall be completed by May 10, 2020. 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 Co mpensation. City will pay Contractor for satisfactory performance of the Services an amOLmt that will based on actual costs but that will be capped so as not to exceed $ 72,000 ("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. Mo nthly 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 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any fu11her payment or other obligations tmder the Agreement. State Legislative Advocacy Services Page I of 8 Projessiona/!Con.11dting Conrracts /Version: A,Jay 22, 2018 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, pa1tner, 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 behalfof 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 indust1y. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce11ified to pe1form the Services as required by law and have procured a City Business License. 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 tern1s 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 Pay ment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 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 proprieta1y or confidential details the disclosure of which to third pai1ies may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perfonn this Agreement. 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 copy1ight interests) of Contractor in any product, memoranda, study, repo11, 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 prope11y of the City and shall not be shown to any third-pai1y without prior written approval of City. 71 Copyright. To the extent permitted by Title 17 of 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 prope11y 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. Page 2 of 8 Professional/Consulting Contracts /Version: May 22. 2018 73 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 prope1ty 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 Delivernbles 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 suppo1ting documents must be kept separate from other records and must be maintained for four years from the date of City's final payment. 9.ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of Jaw 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 a1ticles. No signs may be posted, exhjbited or displayed on or about City prope1ty, 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 Jaw, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold Page 3 of 8 Professional/Consulting Contracts /Vei:sion: May 22, 2018 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 eve1y 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 du1ing performance of the Services; (c)Personal inj u1y, prope11y damage, or economic loss resulting from the work or pe1formance of Contractor or its subcontractors or sub-subcontractors; (d)Unauthorized use or disclosme of City's confidential and proprieta1y Information; (e)Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprieta1y or intellectual prope1ty rights of any third pai1y. 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-pai1y claim, in accordance with California Public Contract Code Section 9201. 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 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. 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 satisfacto1y certificates of insmance 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 pe1forming the Services, as required by the Immigration Reform ai1d Control Act. Page 4 of 8 Projessiona//Consulting Contracts !Version: May 22. 2018 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, ancest1y, 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. 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 ce1iain governmental decisions or serves in a staff capacity, as defined in Section 18700 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 rese1ves all other rights and remedies available tmder the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14.PROJECT COO RD INA TION City Project Manager. The City assigns Katy Nomura, Assistant to the City Manager, as the City's representative for all purposes under this Agreement, with authority to oversee the progress and pe1formance 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 Alex Gibbs as its single Representative for all purposes under this Agreement, with authority to oversee the progress and pe1formance 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 pa1is therefor at any time. Contractor will be compensated for satisfact01y Services perfo1med through the date of abandonment, and will be Page 5 of 8 Professional/Consulting Contracts /Version: May 22, 2018 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 pe1formance 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 dat e 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 California. Contractor must comply with the claims filing requirements under the Government Code p1ior to filing a civil action in cou11. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Paities elect arbitration, the arbitrator's award must be suppo11ed 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 pa11y will be entitled to reasonable attorney fees and costs. 19.THIRD PARTY BENEFICIARIES There are no intended third paity 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 Paities, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Paities. Any modification of this Agreement will be effective only if in writing and si gn ed by each Pa1ty's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. Page 6 of 8 P,ojessiona/!Consulting Contracts /Version: May 22, 2018 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either pa1ty may request an an1endment to cure mistaken inse1tions or omissions of required provisions. The Paities 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 ai1d in no way affect, limit or amplify the terms or provisions of this Agreement. 24.SEV ERABILITY /PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a paiticular situation, is found by the comt 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 Agreement or their application to specific situations shall remain in full force and effect. The Paities agree to work in good faith to amend this Agreement to cany out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is te1minated, including the Indemnification, Ownership of Mate1ials/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 delive1y service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce1tified, or the next business day following electronic submission: To City of Cupe1tino 10300 Torre Ave., Cupertino CA 95014 Attention: Katy Nomura Email: katyn@cupertino.og 27.VALIDITY OF CONTRACT To Contractor: Townsend Public Affairs 925 L Street Suite 1404 Sacramento. CA 95814 Attention: Alex Gibbs Email: agibbs@townsendpa.com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupe1tino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b)is si gned by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. Page 7 of 8 Professional/Consulting Contracts !Version: May 22. 2018 28.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 cany 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 counterpaiis, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the pariies have caused the Agreement to be executed. CONTRACTOR By attP Name_CJf\U5\otMJ& 10\NV\� Titte_}�_t __ Date z:; I\ 0 \ \'1 Taxl.D. No.: '1\-lq'Vl 'Zd4$' APPROVED AS TO FORM: 1���� HEATHER M. MINNER Cupe1iino City Attorney ATTEST: c)J A 6i&vc�;l;r GRACE SCHMIDT S--.-1 r _,, q City Clerk / r ( CITY OF CUPERTINO A Municipal Corporation Name Timm Borden Title Interim City Manager Date sjtS/19 Page 8 of 8 Projessiona//Cons11/ting Contracts /Ve,:sion: MC1y 22, 20/8 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contrnctor shall maintain and abide by the following strategic and comprehensive approach to provide state govenunent relations and lobbying services to the City of Cupertino: 1.Conduct Detailed Orientation: Contrnctor will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strntegic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment. 2.Develop Legislative Strategy and Advocacy Plan: Utilizing the information gathered during the onboarding process, Contractor will coordinate with the City to develop an official legislative platform, strntegy, and advocacy plan that represents the City's priorities in Sacramento. This blueprint will be shared with key stakeholders in the State Legislat11!'e and Governor's Administrntion. 3.Implement the Legislative Strategy and Advocacy Plan: Contractor will advocate for the City's legislative agenda and implement the City's advocacy plan utilizing the following methods: o Build and Strengthen Relevant Relationships: Contrnctor has cultivated a nehvork of valuable relationships that will be leveraged to promote the City's legislative agenda. o Leverage Relationships for Strategic Advocacy Plan: Contrnctor will engage various teclmiques to leverage our network of relationships with key stakeholders and decision makers on behalf of the City:•Schedule meetings for the City to discuss relevant legislation•Prepare all briefing materials and talking points for the City •Brief legislative offices and stakeholders on the City's legislative agenda•Follow-up on meetings to ensure commitments and deliverables are being met•Coordinate key stakeholder engagement: for City's advocacy priorities o Coordi nate Advocaq Trips: Contractor will work with the City to coordinate advocacy trips to Sacramento to meet with the City's legislative delegation, as well as legislators that serve on committees relevant to the City's agenda. Furthermore, whenever possible, Contrnctor will also schedule site visits by legislators to the City. o Track Legislation: Contrnctor will identify, analyze, and monitor all bill introductions and amendments relevant to the City's legislative platform and assess their potential impact on the City. o Craft Testimony and Position Letters: With consent of the City, Contrnctor will prepare and submit written and verbal testimony regarding legislation relevant to the City. Contractor will also draft and deliver, with consent of the City, position letters to legislators and key officials on specific bill language. o Draft Bill Language: Contrnctor will draft language and amendments for relevant legislation, as required to protect and promote the City's agenda. 4.Provide Progress Repo11s and Anal)1Sis: Contrnctor will confer regularly "vith the City on advocacy activities. Contractor will provide timely electronic reports, and on an as needed basis, EXHIBIT A on the status of all legislative activity, such as bill language, amendments, and committee analyses. Contrnctor will also provide summaries and analyses of bills. These analyses will include the potential impacts on the City as well as a recommended course of action. 111 addition to written reports, Contractor will be available to the City for conference calls, in-person briefings, and meetings. 5.End of Year Summmy Present a report to the Council on outcomes achieved on an annual basis. Provide a written Legislative wrap-up report when session adjourns for the calendar year related to the City's Legislative Platf orm. 6.Prepare and File Lobbying Disclosure Repo1is: Contractor will prepare and file, on behalf of the City, all applicable state lobbying disclosure reports. EXHIBIT B EXHIBIT B SCHEDULE OF PERFORMANCE DESCRIPTION OF SERVICES I SCHEDULE OF PERFORMANCE State Legislative Advocacy Services Ongoing as of May 2019 •Conduct Detailed Orientation May 2019 •Develop Legislative Strategy and Advocacy Plan June 6, 2019 •Implement the Legislative Strategy and Advocacy Plan Ongoing as of June 2019 •Build and St reng then Relevant Relationships Ongoing as of June 2019 •Leverage Relationships for Strategic Advocacy Plan Ongoing as of June 2019 •Coordinate Advocacy Trips As Needed •Track Legislation Ongoing as of June 2019 •Craft Testimony and Position Letters As Needed •Draft Bill Language As Needed •Provide Progress Reports and Analysis Monthly as of June 2019 and as needed •End of Year Summary Yearly in November •Prepare and File Lobbying Disclosure Reports Quarterly as of June 2019 EXHIBIT C EXHIBIT C COMPENSATION Costs for State Legislative Advocacy Services as described in the Exhibit A are not to exceed $72,000. The City shall pay the annual fee of $72,000 in equal monthly increments. This amount should be sufficient to cover the costs of State Legislative Advocacy Services for the City based on retainer rates as described and incorporated below: DESCRIPTION OF SERVICES FEE State Legislative Advocacy Services $72,000 Annually* •Conduct Detailed Orientation Included •Develop Legislative Strategy and Advocacy Plan Included •Implement the Legislative Strategy and Advocacy Plan Included •Build and Strengthen Relevant Relationships Included •Leverage Relationships for Strategic Advocacy Plan Included •Coordinate Advocacy Trips Included •Track Legislation Included •Craft Testimony and Position Letters Included •Draft Bill Language Included •Provide Progress Reports, Analysis, and End of Year Summary Included •Prepare and File Lobbying Disclosure Reports Included *The annual fee includes all key personnel hourly rates, as well as all reasonable business and travel expenses EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts 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 POLIClES AND MINIMUMS REQUIRED 1.Commercial General Liabili(I' (CGL) for bodily injury, prope1ty damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and adve1tising 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 requi rement 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 mini1mu11 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 01 (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 wnbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory 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 injwy and prope1ty 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 inju1y or disease. 0 Not required. Consultant has provided written verUication ofno 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 $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 fo1111 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. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-!11surance Require111e11tsjor Design Projessio11als & Co11sulta11ts Co11tracts Form Updated Feb. 2018 1 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 05 /02/2019 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 have ADDITIONAL INSURED provisions or 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). PRODUCER CONTACT Rich Higgins NAME: Bannister & Associates Insurance Agency PHONE (714) 536-6086 I FAX CA License #0691071 /AJC No Ext\: CAJC Nol: ( 714) 536-4054 305 17th Street E-MAIL rich@bai-ins.com ADDRESS: Huntington Beach CA 92648-4209 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED (949) 399-9050 INSURER B: Nationwide Mutual Insurance Co 23787 Townsend Public Affairs, Inc. INSURER C: AXIS Surolus Insurance Comnany 26620 1401 Dove Street, Suite 330 INSURER D: Newport Beach CA 92660 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: Cert ID 3167 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR INSR POLI CY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER CMM/DD/YYYYl CMM/DDIYYYYl LIMITS A B A C X COMMERCIAL GENERAL LIABILITY -0 CLA IMS-MADE 0 OCCUR - - -GEN'L AGGREGATE LIMIT APPLIES PER: � DPRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY -X ANY AUTO - 0LOC OWNED -SCHEDULED AUTOS ONLY AUTOS -HIRED � NON-OWNED -AUTOS ONLY AUTOS ONLY X UM BRELLA LIAB M OCCUR -EXCESS LIAB CLAIMS-MADE OED I X I RETENTION$ 10 000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability (claims-made form) EACH OCCURRENCE y B 6074 573557 08/31/2018 DAMAGE TO RENTED 08/31/2019 PREMISES (Ea occurrence\ MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT /Ea accident\ ACP 3018752757 05/01/2019 05/01/2020 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE /Per accident\ B 6074573560 08/31/2018 08/31/2019 EACH OCCURRENCE AGGREGATE I PER ISTATUTE I OTH-ER N/A E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT ECN000036191801 07/31/2018 07/31/2019 Limit (each act): Retention: $5,000 Limit (total limit): DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insureds with respects general liability policy limits. Primary and non-contributory wording applies with respects general liability policy limits. Excess liability is form following over underlying general liability policy limits. CERTIFICATE HOLDER CANCELLATION $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 5,000,000 5,000,000 2,000,000 4,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino CA 95014 -RJ. J.. j ·1&r (}. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD E'age 1 of 1 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) � 05/02/2019 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 BE LOW. 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 have ADDITIONAL INSURED provisions or 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). PRODUCER <CONTACT NAME: Automatic Data Processing Insurance Agency, Inc. PHONE I FAX fA/C No Extl: fA/C No): E-MAILADDRESS: 1 Adp Boulevard INSURER(S) AFFORDING CO VERAGE NAIC# Roseland NJ 07068 INSURER A: Travelers Property Ca sualty Company of America 25674 INSURED INSURER B: TOWNSEND PUBLIC AFFAIRS INC INSURER C: 1401 DOVE ST SU ITE 330 INSURER D: INSURER E: Newport Beach CA 92660 INSURER F: COVERAGES CERTIFICATE NUMBER: 1155317 REVISION NUMBER: 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. INSR LTR A TYPE OF INSURANCE COMM ERCIAL GENERAL LIABILITY -� CLAIMS-MADE D OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: =l D PRO· POLICY JECT OTHER: AUTOMOBILE LIABILITY -ANY AUTO -- DLoc OWNED SCHEDULED AUTOS ONLY AUTOS -HIRED � NON-OWNED AUTOS ONLY AUTOS ONLY - UMBRELLA LIAS H OCCUR -EXCESS LIAS CLAIMS-MADE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE @] OFFICER/MEMBER EXCLUDED? (Mandatory In NH) �m:��t-H3� ��'gPERATIONS below IAUDL l�Ut>K POLICY EFF POLICY EXP INSD WVD POLICY NUMBER IMM/DD/YYYYl fMMIDD/YYYYl LIMITS EACH OCCURRENCE !DAMA"GFIT:fRcN , CCU $ PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERA L AGGREGATE PRODUCTS· COMP/OP AGG $ $ COMBINED SINGLE LIM IT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ /p�?�fc�di;:;t�AMAGE $ $ EACH OCCURRENCE $ AGGREGATE $ $ XI �-\%uTE I I OTH-ER N/A N UB7J01118518 07/01/2018 07/01/2019 E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE· EA EMPLOYE E $ 1,000,000 E.L. DISEASE· POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This policy contains a waiver of subrogation endorsement in favor of the City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELI VERED IN City of Cupertino ACC ORDANCE WITH THE POLICY PROVI SIONS. 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 1l·-0'1l1l. ... I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: B 6074573557 SB-300120-C (Ed. 06/11) THIS ENDORSEMENT CHANGES THE PO LICY. PLEASE READ IT CARE FULL V. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION· WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE- Name Of Person Or Organization: The City of Cupertino, its City Council, officers, officials, employees, agents,servants and volunteers *Information required to complete this Schedule, ii not shown on this endorsement, will be shown in the Declarations. A.The following is added to Paragraph C. Who la An Insured: 4.Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect lo liability for "bodily injury,' 'property damage" or "personal and advertising injury," caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s); at the location(s) designated above; or c.'Your work' that is included in the 'products­ complated operations hazard" and performed for the additional insured, but only ii this Policy provides such coverage, and only ii the written contract or written agreement requires you to provide the additional insured such coverage. B.The insurance provided to the additional insured does not apply to "bodily injury,• 'property damage," or "personal and advertising injury" arising out of: SB-300120-C (Ed. 06/11) 1.The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: (a)The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. 2."Bodily Injury,' 'property damage,' or "personal and advertising injury' arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C.The following is added to Paragraph H. of the Bualnessowners Common Policy Conditions: H. Other Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Paga 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY POLICY NU MBER: (IJUB-7J011185-18) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an in jury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium. Person or Organization CITY OF CUPERTINO Schedule Job Description 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.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by----------- DATE OF ISSUE: 05-06-19 ST ASSIGN: Lobbying Firm Activity Authorization (Government Code Section 86104) Check 011e box, if applicable [a Lobbyist Employer(Gov, Code Section 82039.5) D Lobbying Coalition(FPPC Regulation 18616.4) Type or Print In Ink Legislative Session 2019-2020 Onsert Years) 1 Page __ _ 2 of __ _ CALIFORNIA 602 FORM FAIR POLITICAL PRACTICES COMM. For Official Use Only NAMEOPFILER: EFFECT.IV DATE.: 5/10/19 City of Cupertino -------------,--��------=--.------=-�---------IIBLEPI-IONENUMBER:BUSINESS ADDRESS: (Numbernnd Street) (City) (State) (Zip Code) ( 408 ) 777-3200 10300 Torre Ave Cupertino CA 95014 FAXNUMBER: (Optional) _M_A_a�J-NG�AD-D -�-SS,,...:�O=f�di""'ffe-re-.11-tt�ha-n�ab-ov-e�.)-�------------------�( ) ""E-""'M-.-A"""ll..-.,:-("'O-pti,,....o-na""'l)----- h • Townsend Public Affairs, Inc I hereby aut onze _________________________________ _ (Name of Lobbying Fil"m) 1401 Dove St., Suite 330 Newport Beach CA 92660 (Business Address) to engage in the activities of a lobbying firm (as defined in California Government Code Section 82038.5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the above named employer. If you are authorizing another lobbying firm to lobby on behalf of your firm's client(s), provide the name(s) of the client(s) below. (It is not necessary to complete the Nature and Interest� section.) NAME OF SUBCONTRACTED CLIENT: NAME OF SUBCONTRACIBD CLIENT: NAME OP SUBCONTRACTED CLIENT: NAME O F SUBCONTRACTED CLIENT: VERIFICATION I have used all reasonable diligence in preparing this Statement. I have reviewed this Statement and to the best of my knowledge the infot·mation contained herein ls true and complete. I certify under penalty of pctjury under the laws of the State of California that the foregoing is frue and correct. Executed on _Sl_1_0_l_1 _9 _______ _ DATE By�REOF!!lll<PONSIBLllOFPICER Name of Responsible Officer _T_im_m _B_o_r_d_e_n ________ _PRINT OR TYPE Title Interim City Manager FPPC Form 602 (7/98) For Technical Assistance: 916/322-5660 Lobbying Firm Activity Authorization CALIFORNIA 602 FORM FAIR POLITICAL PRACTICES COMM SEE INSTRUCTIONS ON REVERSE Type or Print In Ink NAME OF FILER: City of Cupertino 2 Page ___ _ 2 of ___ _ Nature and Interests of Lobbyist Employer Check 011e box only: DIN DMD UAL (Complete only Parts A and E) D BUSINESS ENTITY (Complete only Parts B and E) 0INDUSTRY, TRADE OR .. PROFESSIONAL ASSN. (Complete only l'arts C and E) I vJOTHER (e.g., lobbying coalition) (Complete only Parts D and E) A.Individual1.Name and address of employer (or ptincipal place of business ifself-employed): B.Busmess EntityDescription of business activity in which engaged: C.Industry, Trade or Professional Association 1.Description of industry, trade or profession represented: : 2. Description of business act ivity in which you or your employer are engaged: : 2. Specific description of any portion or faction of the industry, trade, or• profession which the association exlusively or primarily represents: . ............................................................................................................................................ , ................................................. .3.Number of members in association (check appropl'iate box)D 50 OR LESS (provide names of all members on an att achment.) D.Other1.Statement of nature and purposes: Municipal Government E.Industry Group Classification D MORE 'IHAN 50 2.Description of any trade, profession, or other group with a commoneconomic interest which is principally l'epl'esented or from which membership or financial support is principally derived: Check one box which most accurately describes the industry group which you represent. See instructions on reverse. D AGRICULTURE D EDUCATION L v' 11 GOVERNMENT D HEALTH D LABOR UNIONS D LEGAL BUSINESS (Check one of the following sub-categories.) D PUBLIC EMPWYEES D POLrI'ICAL ORGANIZATIONS D UTILITIES D OTHER:---------(Describe in detail) t=]EN1ERTAINMENT/RECREATION 0FINANCE/INSURANCE D LODGING/RESTAURANT S 0MANUFACTURING/1NDUSTRIAL D MERCHANDISFJRETAIL OorLANDGAS D PROFESSIONAUI'RADE D REAL ESTATE D TRANSPORTATION OoTHER: (Specific Des cription) FPPC Form 602 (7/98) For Technical Assistance: 916/322-5660