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.
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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 âKâ 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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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/
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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,
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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