00-113 L. Patrick Samsell LLCAGREEMENT FOR INTERIM ACCOUNTING SERVICES
This Agreement is made effective as of October 15, 2000, by and between CITY OF
CUPERTINO, CALIFORNIA, of 10300 Torre Avenue, Cupertino, California 95014-3255, and
L Patrick Samsell LLC, of 7034 Bridgeport Circle, Stockton, California 95207-2359.
In this Agreement, the party who is contracting to receive services shall be referred to as
"CUPERTINO", and the party who will be providing the services shall be referred to as "L
Patrick Samsell".
L Patrick Samsell has a background in Municipal Financial Management and is willing to
provide services to CUPERTINO based on this background.
CUPERTINO is in need of interim services provided by L Patrick Samsell.
Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on October 16, 2000, L Patrick Samsell will
provide the following services (collectively, the "Services"): Assist in accounting services
during the Finance Department's staff transition including monthly and quarterly reporting,
implementation of audit recommendations, an~3 efficiency measures troubleshooting in
conjunction with system updates and other accounting services as deemed necessary.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed
and the specific hours to be worked by L Patrick Samsell shall be determined by L Patrick
Samsell. CUPERTINO will rely on L Patrick ;iamsell to work as many hours as may be
reasonably necessary to fulfill L Patrick Samsell's obligations under this Agreement.
3. PAYMENT. CUPERTINO will pay a fee to L Patrick Samsell for the Services based on
$80.00 per hour. This fee shall be payable every two weeks, no later than 14 days after the
end of each applicable two week period during which Services were performed.
4. EXPENSE REIMBURSEMENT. L Patrick Samsell shall be entitled to reimbursement from
CLTI'ERTINO for the following "out-of-pocket'' expenses: mileage to and from Stockton at
$0.325 per mile.
5. SUPPORT SERVICES. CUl'ERTINO will provide the following support services for the
benefit of L Patrick Samsell: office space, use of a computer, housing (hotel), and office
supplies.
6. TERM/TERMINATION. This Agreement shall terminate automatically on December 15,
2000. Additional hours must be approved by the Director of Administrative Services or the
City Manager. This Agreement may be terminated prior to the automatic termination date set
forth above as follows: A) By mutual consent of the parties; or B) By either party on
delivery of written notice thereof to the other par~:y with or without cause and for any reason,
whatsoever. If this Agreement is terminated undf;r the provisions stated above, L Patrick
Samsell shall be compensated only for the hours ~NOrked and expenses incurred prior to the
effective date of termination.
AGREEMENT FOR INTERIM ACCOUNTING SERVICES Page 2
7. RELATIONSHIP OF PARTIES. It is understood by the parties that L Patrick Samsell is an
independent contractor with respect to CUPERTINO, and not an employee of CUPERTINO.
CUI'ERTINO will not provide fringe benefits, including health insurance benefits, paid
vacation, or any other employee benefit, for the benefit of L Patrick Samsell. However,
CUl'ERTINO shall defend and hold harmless L Patrick Samsell from any action or lawsuit
brought against him or CUPERTINO arising; out of any act, advise, or omission on the part of
L Patrick Samsell while carrying out the duties set forth above.
8. ASSIGNMENT. L Patrick Samsell's obligations under this Agreement may not be assigned
or transferred to any other person, firm, or corporation without the prior written consent of
CUPERTINO.
9. RETURN OF RECORDS. Upon termination of this Agreement, L Patrick Samsell shall
deliver all records, notes, data, memoranda, models, and equipment of any nature that are in
L Patrick Samsell's possession or under L P~itrick Samsell's control that are CUPERTINO's
property or relate to CUPERTINO's business.
10. NOTICES. All notices or permitted under this Agreement shall be in writing and shall be
deemed delivered when delivered in person or deposited in the United States mail, postage
prepaid, addressed as follows:
If for CUPERTINO:
City of Cupertino, California
Carol Atwood
Director of Administrative Services
10300 Torre Avenue
Cupertino, CA 95014-3255
If for L Patrick Samsell
L Patrick Samsell LLC
L Patrick Samsell
CEO
7034 Bridgeport Circle
Stockton, CA 95207-2359
Such address maybe changed from time to time by either party providing written notice to the
other in the manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and
there are no other promises or conditions in an.y other agreement whether oral or written.
This Agreement supersedes any prior written or oral agreements between the parties.
AGREEMENT FOR INTERIM ACCOUNTING SERVICES
Page 3
12. In the performance of the work authorized under this Agreement, L Patrick Samsell 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.
13. AMENDMENT. This Agreement may be modified or amended if the amendment is made in
writing and is signed by both parties.
14. SEVERABILITY. If any provision of this ,agreement shall be held to be invalid or
unenforceable for any reason, the remaining; provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid and enforceable, then such
provision shall be deemed to be written, cor.~strued, and enforced as so limited.
15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that party's
right to subsequently enforce and compel strict compliance with every provision of this
Agreement.
16. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
California.
Party receiving services:
CITY OF CUPERTINO, CALIFORNIA
Carol Atwood
Director of Administrative Services
Party providing services:
L Patrick Samsell LLC
By: ~ ~
CEO
L Patrick Samsell
ATTEST:
Kimberly Smith i Clerk
City of Cupertino
APPRO ED A
harles Kil an, rty Attorney
City of Cupertino