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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 BY till Joe A. Gonsalves & Sow AUTHORIZATION FoRm 602 v 1;. PROFESSI ONAL LEGI SM n RE PRESENTATI ON S 01 st 0 �l 0'0t�' ssco-'31stake 'aXI, s I'#. Firm V` tflwslaflwslon Ait' Authorization ( oV=MMtCodasec;l x$6104) Check one box,,, if a Re -ably Pq It U1r (00Y. 00 do So el Ion W39-9 Ej 1 0110 g a#jou 1. NAMB t city of Cupertino 2011 -2012 10300 Torre Avenue, Cupertino, CA 95014 QU lb Iii Tiso Oil l 408 777 --3200 11 hereby -x h0r1 Joe A. Gonsalves son waino of obb it 925 L St ee 250 Sacramento (Business ►dream . r deft ,din i fl o � Government Colo S la to n e e o �� �z� e� � �� 82038,5 and Z Cal, Codu yrR . Section 18238,5) n behalf t above a r hori . zing awtha 10-bb* g Arm to lobby on ju eb:alf Of Your flivas djejjt@)� proyide, fhO "am0s) of If you are all to complete tile Nature and IntoreSts the le) a w# I ... n 7n W oF sU.8 C014TRACTED CI M"- AMBOPSURCONT L HAW VV 5 VJJ LIiA gRIVICATf ON * jijjj t0hiexztb I�a�►e a�a�ri ewe d tI�I txnet a 11c� o t1to b of �a�, . ��s� SIX ��a��a'��e r��i����i�r� � �� �a�x� ���o� nollyled o the 1110WnF t1U11 C '6ntailted herein (El ,• urY und or tho a-*ys of t1le 8 1,q to of California ih of t1liD f0j:egoing la ft,u e a ilid oo M -Ctt • +F�; 4 Executed oji a-/ ti}1 Ar � O J,1 1}L OMM, DATO Name, ons��� .cer �- } LT O ` FPP IFr M O (7109) ' For Toohnioal A l I ncte: 9161022.5660 4 Lobbyling Fh Activity A thorha o . SMIMSTRUCHONS ON REVERSE City of u e Lino tti re and Interests of o ylst El En to e 9W a or Prfiat in 1IR page...- of a. arts A� aid [3 {a lobbpJ n El INDIWDUAL 0Mj)161a B'U ]N ]R x t 1 D TRADE co 00 M21go o ixl ompie(c or Puts B p EssIO r P is D and B) and E 0111 .Farts and 13 on of Wilawa ci IVRY fit which You or YOU r�rf►�Io�f�rar� A, ImilivIduo 1* Manta 4ad add tm of employer &V0,PAPhcoofbusfrtossi � onga �d. crJ UO3 of bU5111es, acgvity in which engaged: . ]fit 1 # ' k' o [ � G 1 [ s . 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IWANWINSURAMB PROMSIONAUMADE Pom(CA L OR CYMJ M I El IMALEMTH # r.TH El r jf,,r"L6s MAII UVACTUPM GAN DUS TRM TRANSPORT) - 9b rl rAFOIZ UNIONS OTHRR: Ll MERMANINSMUM; Das (p Jfi o, c p otx ��SiV }i4 Sl i+ ]For ti}� 02 (7�y19A For Teohnic #1 Assistance: 161324 -000 For y��y y Assistance: Cal - Online 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 Your filing has been electronically submitted to the California Secretary of State. You can print a paper copy for your own records by using the "View Paper Copy" button below. Return To Filing Desk Warning. Please do not use the back button on your browser. littps:// cafile. sos .ca.gov /CalOnfine/Default.aspx View Paper Copy. Need help viewing /printing a paper copy of your fi[it 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