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HomeMy WebLinkAbout1996-11-19; City Council; 13909; Joe A. Gonsalves and Son Agreement Approval@TY OF CARLSBAD - AG-DA BILL 48 # &%!" TITLE: HTG. \/-I?- 96 LEGISLATIVE ADVOCATE 3ECOMMENDED ACTION: CITY MGR. & IEPT. CM DEPT. Hd. CONSULTANT AGREEMENT CITY ATTYe Adopt Resolution No. 96 -390 approving a consultant agreement with Joe A. Gonsalves and Son for legislative advocate services. ITEM EXPLANATION Funds have been appropriated in the City's 1996-97 Operating Budget to obtain the services of a legislative advocate in the State Capital. The firm selected to serve in this capacity will monitor legislative activity to identify bills that might significantly impact the community or the City's operations and services. The advocate will represent the City in our efforts to oppose or support those bills. The advocate will also assist in identifying and obtaining state funds available for City projects and initiated to resolve issues of importance to Carlsbad. programs. The consultant may also coordinate attempts to obtain passage of legislation specifically government agencies in San Diego County and suggestions from City officials. A City Council Requests for Proposals were distributed to six firms based on results of a survey of other local Subcommittee consisting of Council Members Kulchin and Hall was formed to lead the selection process, which included interviews in Sacramento and Carlsbad. The Subcommittee is advocate services for the City for a one year period. The firm will provide Council with a monthly recommending that the City contract with the firm of Joe A. Gonsalves and Son to provide legislative consultant agreement should be extended to retain the advocate's services for another year. report on its activities, and an evaluation will be conducted at the end of the year to determine if the FISCAL IMPACT: A consultant agreement has been prepared for Council consideration which calls for a monthly payment of $2,916 to Gonsalves and Son for legislative advocate services. Funds appropriated for this program are available in the City Manager's Office budget. EXHIBITS 1. Resolution No. 9b - 3 90 authorizing the Mayor to execute a consultant agreement with Joe A. Gonsalves and Son for legislative advocate services. 2. Consultant Agreement with Joe A. Gonsalveslnd Son for legislative advocate services. 1 2 3 4 5 6 7 E S 1c 11 li 1: 14 If 1E 17 1E 1S 2c 21 22 2: 24 25 26 27 2E RESOLUTION NO. 96-390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF CONSULTANT AGREEMENT WITH JOE A. GONSALVES AND SON FOR LEGISLATIVE ADVOCATE SERVICES. WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to obtain the services of a legislative advocate to represent the City in the State Capital; and WHEREAS, a selection process has been completed which identified Joe A. Gonsalves and Son as the firm most qualified to provide the needed services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of .. Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute an agreement with Joe A. Gonsalves and Son for providing legislative advocate services to the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of NOVEMBER , 1996 by the following vote to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila. Hall NOES: None ABSENT: None &&!RANZ, City Clerk (Seal) W KAREN R. KUNDTZ, Assistant City Clerk December 5, 1996 Mr. Joe A. Gonsalves Joe A. Gonsalves and Son 925 “K” Street, Suite 250 Sacramento, CA 95814 Re: Legislative Advocate Services The Carlsbad City Council, at its meeting of November 19, 1996, adopted Resolution No. 96-390, approving a consultant agreement with Joe A. Gonsalves and Son for legislative advocate services. Enclosed please find a copy of Resolution No. 96-390 and a copy of the signed agreement. ALETHA L. RAUTENKRANZ, CM City Clerk ALRijp Enclosures 1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (619) 434-2808 @ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into as of the & day of NOVEMBER , 1996, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City", and Joe A. Gonsalves and Son, hereinafter referred to as "Consultant." RECITALS City requires the services of a Legislative Advocate Consultant to provide the necessary services to represent City in State Government matters; and Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant is designated and authorized by City to act as the official legislative advocate with the California State Legislature and State Agencies affecting the City. Services performed by Consultant shall include, but not be limited to, the following: A. Review all bills introduced in the California Legislature and inform City on all legislation which could have a significant impact on the City. B. Perform customary duties of a legislative advocate on behalf of the City to the rev. 8/26/96 1 best of consultant's ability, experience and expertise. C. Assist in identifying and obtaining state funding available for City programs and proposed capital projects. D. Provide a monthly written report on State legislative developments and consultant activities conducted on behalf of the City. E. Arrange meetings with legislative representatives for City elected officials and staff when necessary. F. Initiate legislative proposals on the City's behalf. G. Attend and provide testimony on behalf of the City in legislative hearings. H. Attend tour of Carlsbad and meet with City officials during recess of Legislature. 2. CITY OBLIGATIONS The City shall provide direction to Consultant on City priorities regarding proposed legislation and state funding opportunities. 3. PROGRESS AND COMPLETION The work under this contract will begin within five (5) days after receipt of notification to proceed by the City and be completed within 365 days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the City Manager. 4. FEES TO BE PAID TO CONSULTANT The total fees payable for the services to be performed shall be $2,916 per month. City shall reimburse consultant for expenses related to requests from the City rev. 8/26/96 2 to participate in any meetings or activities outside of Sacramento other than travel for City Tour and meeting described in Section 1 H. No other compensation will be allowed except those items covered by supplemental agreements per Paragraph 8, "Changes in Work. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City's needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Consultant prior to the 15Ih day of the month after an invoice is submitted. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be rev. 8/26/96 3 prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. a. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regarding nondiscrimination. IO. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the rev. 8/26/96 4 Consultant. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager. The City Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the Consultant rev. 8/26/96 5 or the City Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in'this procedure shall prohibit the parties seeking remedies available to them at law. 12. CLAIMS AND LAWSUITS The Consultant agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Consultant acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Consultant may be subject to criminal prosecution. The Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its rev. 8/26/96 6 litigation costs, including attorney's fees. The Consultant acknowledges that the filing of a false claim may subject the Consultant to an administrative debarment proceeding wherein the Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five years. The Consultant acknowledges debarment by another jurisdiction is ouqds for the City of Carlsbad to disqualify the Consultant from the selection process. ~~~nitial~ The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, ,-?.y:O27 and 3.32.028 pertaining to false claims are incorporated herein by reference. y3. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Consultant and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Consultant to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Consultant is an independent Consultant of the City. The payment made to the Consultant pursuant to the contract shall be the full and complete compensation to which the Consultant is entitled. The City shall not make any federal or state tax withholdings on behalf of the Consultant or hislher employees or subconsultants. The rev. 8126196 7. City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the Consultant or hislher employees or subconsultants. The Consultant agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the Consultant or any employee or subconsultant of the Consultant for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Consultant. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subconsultants and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all reports to conform to all applicable requirements of law: federal, state and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. rev. 8/26/96 8 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for hislher records. 16. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT Consultant agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Consultant, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. Consultant shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and rev. 8/26/96 9 c volunteers. Consultants indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subconsultant of Consultant and the City. The Consultant shall bind every subconsultant and every subconsultant of a subconsultant by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized rev. 8/26/96 L in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Consultant to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, "Hold Harmless Agreement," all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the Consultant will not be required to file a conflict of interest statement as a requirement of this agreement. However, Consultant hereby acknowledges that Consultant has the legal responsibility for complying with the rev. 8/26/96 11 Political Reform Act and nothing in this agreement releases Consultant from this responsibility. 25. INSURANCE The Consultant shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Consultant, his agents, representatives, employees or subconsultants. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V' and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Consultant shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for rev. 8/26/96 Consultant's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage, 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. Consultant shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The Consultant shall furnish certificates of insurance to the City before commencement of work. 3. The Consultant shall obtain occurrence coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Consultant fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Consultant in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Consultant is responsible for any payments made by the City to obtain or maintain such insurance rev. 8/26/96 13 and the City may collect the same from the Consultant or deduct the amount paid from any sums due the Consultant under this agreement. 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Consultant in connection with the foregoing are as follows: For City: Title 'Name Address For Consultant: Title Joe A. Gmalves & Son Name Joe A. Gonsalves /Anthony 0. Gonsalves Address 925 L Street, Suite 250 Sacramento. CA 95814 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in I/ /I I/ rev. 8/26/96 14 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought Executed by Consultant this 13th day of November ,19%. CONSULTANT: a rnuniciw comorati Joe A. Gonsalves & Son (name of By: Anthony D. Gonsalves, Secretary (print nameltitle) ATTEST: City Clerk v GEN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by Consultant must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If Only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bihd the corporation.) APPROVED AS TO FORM: RONALD R. BALL City o ey BY ~A.R. wity Attorney & //Lo.?6, rev. 8/26/96 15 ' CALIFORNIA ALL-PUR1 " SE ACKNOWLEDGMENT - State of CALIFORNIA county of SACRAMENTO / /- /a -96 beforeme, ANNE M. NAMES, NOTARY PUBLIC personally appeared -\OO personally known to me -OR -yproved to me on the basis of satisfactory evidence to be the person(s) and acknowledged to me that Whey executed the whose name(s) Ware subscribed to the within instrument same in Wtheir authorized capacity(ies), and that by bislherltheir signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment of thrs form to another document. Description of Attached Document Ttle or Type of Document: Document Date: " 6 -7b Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Corporate Officer Partner - ci Limited General 0 Attorney-in-Fact 0 Guardian or Consewator Signer Is Representing: Plod No 5907 Reorder Call Tall-Free 1-800-876-8827 Signer's Name: Pp Individual Corporate Officer Partner - 0 Limited 0 General litle(s): 0 Attorney-in-Fact 0 Trustee. 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I I I