11-007 Agreement, Marsha Hovey AGREEMENT FOR SERVICES
BETWEEN
MARSHA HOVEY, p0 57/ 7
AND THE CITY OF CUPERTINO
This Agreement is entered into on February 1, 2011 by and between Marsha Hovey
( "CONTRACTOR "), and the CITY OF CUPERTINO ( "CITY ").
PURPOSE
CONTRACTOR, and CITY shall work collaboratively to provide ongoing facilitation for
our Emergency Service operations.
In consideration of the mutual promises herein, the parties hereto AGREE as
follows:
1. SCOPE OF SERVICE
CONTRACTOR shall perform services as outlined in Exhibit A attached.
2. COMPENSATION
CITY will compensate CONTRACTOR at a rate of $75.00 per hour when
performing the scope of services. Compensation paid under this Agreement shall
not exceed $25,000 for the fiscal year ending June 30, 2011.
3. TERM
The term of this Agreement shall be from February 1, 2011 to June 30, 2011.
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 CONTRACTOR 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 CONTRACTOR: Marsha Hove \/: ›'°
1035 Appian Way
Morgan Hill, CA 95037
To CITY: City of Cupertino
Director of Administrative Services
10300 Torre Avenue
Cupertino, CA 95014 -3255
7. INDEMNIFICATION
CITY shall defend and hold harmless CONTRACTOR from any action or lawsuit
brought against her or CITY arising out of any act, advice, or omission on the part
of CONTRACTOR 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. 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, CONTRACTOR
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 contractor in any manner. It is
further understood that CONTRACTOR is not an employee of the CITY.
11. INDEPENDENT CONTRACTOR
CONTRACTOR undertakes performance of this service as an independent
contractor 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.
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.
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14. ENTIRE AGREEMENT Z S / 4 7
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:
David Knapp Date
City Manager, City of Cupertino
/, • ` �� - - i l
Ma sha Hovey / Date
Contractor
APPROVED AS TO FORM:
• iL
Carol Korade, City Attorney
City of Cupertino //
/ 4 ,, 7 '
/ -//
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Exhibit A
Scope of Services
CONTRACTOR will provide emergency management oversight for the CITY. These
services may include, but are not limited to, the following, provided agreement is reached
by all parties concerned:
D Provide guidance to Citizens Corps Program coordinator to develop a sustainable
training and maintenance program including written plans, guidelines and training.
D Review and update Cupertino emergency plan
D Work with Public Information Officer on alert and notification strategies and plans
D Maintain primary and alternate emergency operations centers including equipment
testing and operational procedures
D Develop formal relationships with private and non - profit organizations and
incorporate them into emergency plans
D Review changes in State and Federal legislation and interpret their impact on local
emergency planning
D Review best practices in preparedness, mitigation, response and recovery and make
recommendations for implementation
D Provide technical guidance to City Staff related to local and regional emergency
planning
D Attend Emergency meetings as directed and agreed upon including but not limited to
o Disaster Preparedness Council (quarterly)
o Citizen Corps (monthly)
o CARES (monthly)
o Monthly status meetings with the Director of Administrative Services •
D Coordinate activities with Santa Clara County Fire Department Emergency Services
Coordinators
D Facilitate /coordinate the Annual Disaster Drill in October
D Other assignments as directed by Director of Administrative Services
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