HomeMy WebLinkAbout2001-07-24; City Council; 16292; Contract to Provide Legislative Advocacy0 w
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CITY OF CARLSBAD -AGENDA BILL
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Approve Contract with Joe A. Gonsalves and Son to provide
MTG. 2 +‘/ dl Legislative Advocacy on Behalf of the City of Carlsbad
DEPT. HD.
CITY ATTY. z
DEPT. CM I L- CITY MGR
RECOMMENDED ACTION:
That the City Council approve a contract with Joe A. Gonsalves and Son to serve as the
City of Carlsbad’s Legislative Advocate. Resolution No. 2601-235.
ITEM EXPLANATION:
Since 1996, the City of Carlsbad has retained the services of Joe A. Gonsalves and Son to
serve as the city’s legislative advocate at the state level. The initial contract was for a one-
year term with four one-year options.
Over that five-year period, Joe A. Gonsalves and Son has provided a high-caliber service to
the city and performed their job dutifully. The role of the legislative Advocate is to keep the
City appraised of relevant legislation, educate city staff on impacts of proposed legislation,
help formulate strategy around the legislative process, and ultimately, provide a physical
presence in Sacramento on the City’s behalf.
Due to their ability to perform their functions responsibly and the knowledge of city
operations, staff has requested that the new contract be granted sole source. The
Purchasing Officer for the city has agreed with the validity of this request. The term of the
contract is for two years with three one-year options.
While it is difficult to predict specifically what type of aid Joe A. Gonsalves and Son will
provide to the City beyond the basic information aspect, there are several pieces of
legislation and grant opportunities that the City will be pursuing in the near term in which
their support and knowledge will be invaluable.
Additionally, staff is requesting that Council approve a payment of $23,328. This amount
represents the cost of retaining Joe A. Gonsalves and Son while their new contract was
being negotiated. The rate of their compensation was consistent with the approved 1996
contract for their services. There is adequate funding in the City Manager’s budget for this
expense.
FISCAL IMPACT:
The annual rate for the retention of Joe A. Gonsalves and Son is $36,780. The money has
been allocated in the City’s adopted FY 2001/02 budget.
EXHIBITS:
A. Contract for Professional Services with Joe A. Gonsalves and Son
B. Resolution No. 2001-235.
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RESOLUTION NO. 2001-235
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 retain the services of a legislative advocate to represent
the City in the State Capitol; and
WHEREAS, Joe A. Gonsalves and Son have competently represented the
City as the City’s Legislative Advocate; and
WHEREAS, based upon the nature of the services provided, the City’s
Purchasing Officer has waived the requirement for multiple proposals
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 City Council of the
City of Carlsbad on the 24th day of July ,2001, by the following vote:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
ATTEST: fl
INE M. City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
(Joe A. Gonsalves & Son)
THIS AGREEMENT is made and entered into as of the 26th day of
July ,20 O1 , by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and Joe A. Gonsalves & Son, a California
Corporation, hereinafter referred to as “Consultant.”
RECITALS
City requires the services of a Professional Legislative Advocate to necessary
services to represent the City in Legislative matters affecting local governments and to
prepare policy analysis of legislation; 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 its official legislative
advocate with the California State Legislature and State Agencies. 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 significant impact on the City.
B. Perform customary duties of a legislative advocate on the behalf of the
City to the best of the Consultant’s ability, experience and expertise.
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C.
D.
E.
Assist in identifying and obtaining state funding available for City
programs and proposed capital projects.
Provide monthly written report on State legislative developments and
Consultant activities conducted on behalf of he City.
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.
2. CITY OBLIGATIONS
The City shall provide direction to Consultant on City priorities regarding
proposed legislation and state funding opportunities.
3. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be $3,065 per
month. City shall reimburse Consultant for expenses related to requests from the City
to participate in any meetings or activities outside of Sacramento. No other
compensation for services will be allowed except those items covered by supplemental
agreements per Paragraph 6, “Changes in Work “.
4. DURATION OF CONTRACT
This Agreement shall extend for a period of two (2) years from the effective date,
based upon the appropriation of funds by the City Council. The Agreement may be
extended by the City Manager for three (3) additional one (1) year periods or parts
thereof. The City Manager may increase the Consultant’s compensation at the
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beginning of each Agreement year by the prior year’s percent increase of the Consumer
Price index for the San Diego area. In no event shall the Agreement value exceed
$50,000 per Agreement year. The parties shall prepare extensions in writing indicating
effective date and length of the extended contract. Extensions shall be based on
satisfactory review of Consultant’s performance, City’s needs and the appropriation of
funds by the City Council.
5. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Consultant
within 30 days of receipt of the invoice.
6. 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 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.
7. 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
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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.
a. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE
The Consultant shall comply with all applicable state and federal laws and
regulations prohibiting discrimination and harassment.
9. 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 Contract. 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.
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Either party upon tendering thirty (30) days written notice to the other party may
terminate this agreement. 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.
10. 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
litigation costs, including attorney’s fees, The Consultant acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Consultant may be prevented to act as a Consultant on any City project for
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a period of up to five years. The Consultant acknowledges debarment by another
jurisdiction is grounds for the City of Carlsbad to disqualify the Consultant from the
selection process. 2.2L (Initial) (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
& (Initial) (Initial)
11. JURISDICTION
The Consultant agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
12. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in Consultant’s
own way as an independent contractor 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 contractor 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 its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
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contributions on behalf of the Consultant or its employees or subcontractors. 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 any employee or subcontractor 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 Contractor 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,
subcontractors and Consultants that are included in this agreement.
13. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all final 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.
Consultant agrees to allow City or its designated representative to monitor, audit,
review, and examine the methods, procedures, and results of Consultant.
14. 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 subcontractor, anyone directly or indirectly employed by
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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
such suit or action brought against the City, its officers, officials,
volunteers. Consultant’s indemnification of City shall not be limited
subsequent declaration by the consultant.
City, defend any
employees and
by any prior or
15. 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.
16. 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 subcontractor and of the persons either directly or
indirectly employed by the subcontractor, 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 subcontractor of Consultant and the
City. The Consultant shall bind every subcontractor and every subcontractor of a
subcontractor 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.
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17. 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
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.
18. 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.
19. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 14, “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.
20. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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21. 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
Political Reform Act and nothing in this agreement releases Consultant from this
responsibility.
22. 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, its agents, representatives, employees or subcontractors.
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 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
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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. 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 ,OOO,OOO 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 and Professional Liability.
2. The consultant shall furnish certificates of insurance to the City
before commencement of work.
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
and the City may collect the same from the consultant or deduct the amount paid from
any sums due the consultant under this agreement.
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23. 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: Manaqement Analyst
Name: Joseph Garuba
Address: 1200 Carlsbad Villaqe Drive
Carlsbad, CA 92008
For Consultant:
Title: President
Name: Anthonv Gonsalves
Address: 925 L Street, Suite 250
Sacramento, CA 95814
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25. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the subject
matter hereof. In case of conflict, the terms of the agreement supersede the purchase
order. Neither this agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
Executed by Consultant this day of I?x~cc~ 2-x t 200
CONSULTANT:
(print name/title)
(Proper Notarial acknowledgment of execution by Consultant must be a ched.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified
by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to
bind the corporation.)
APPROVED AS TO FORM:
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State of cl\ C ICJXnl B A
County of Z&!&f%J GAJ 70
before me, lMJol-~, /v u7-Pq fmfc I DATE NAME, TITLE OF OFFICER - E.G., ‘JANE DOE. NOTARY hSUC
personally appeared &md Gj b i 4oN%? L 46s 9 / NAME(S) OF SIGNER(S)
0 personally known to me - OR - wproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s@re
subscribed to the within instrument and ac-
knowledged to
the same in
capacity(ies),
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
JJWET RK24AfJD WITNESS my hand and official seal.
/!?hiQ
SIGNATURE OF MDTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TlTLE OR TYPE OF DOCUMENT
c] PAFiTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
E ~~UIANICONSERVATOR
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER Is REPRESENllNG: ~-pERsoNo~~Wl
SIGNER(S) OTHER THAN NAMED ABOVE
MFlR29’81 I 33:31f'ti JOE GONSQLVES AC~RQ CERTIFICATE OF LlA8lLl-l-Y INSURANCE cp .-~y-/mm
03/22/2001 I
PRODUCER 888 640-0593 FAX 209
Pan American Underwriters Inc
Li tense #0132491
P 0 Box 809
Stockton CA 9S201
473 -2666 ONLY AND COlJFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLlClES BELOW. I INSURERS AFFOROING COVERAGE I
NERAl LUBIlITY
1 I lCRlPTlOt4 OF OPER*7lO?4S’LOCA7IONStVEbUCLE!#l&XCl,USlONSADOED BY ENOOR$EYENT/: SPECIAL PROVISIONS rtificate Holder is Named Additional Insurance as per CCi2010 attached.
I I
OCPIRATION
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, CA 92008-19119
10 OA’ts WRttTEN NOTICE TO THE CERTIFICATE’HDLDER NAMED TO 7HE LEfT,
BUT FAILURB TO WI. SUCH NOTICE SMALL IMPOSE NO OBUGATION OR IJABILITV
.a MFlR 2’9 ‘01 03:31PM JOE GONSALVES
P. 3/4 .’
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATlON IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s). - . - -_ . . _ . . . .._ . . . . . .--. .
DISCLAIMER
The Cetificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
4’
. - --. -..- .-,, . . -..-em. .
MRR 29 '01 03:31PM JOE GONSRLVES
P. 4/4
POLICY NUMBER: 16602553P3332TIL COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSESS OR
CONTRACTORS FORM 6
This endorsement modifies insurance provided under the following:
COIVIlClEHCIACGENERAC IJABILITY COUEA~E4’k?T~ .‘.‘- ‘. - - -
SCHEDULE
Name of Person or Organization: City of Carlsbad
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of your
ongoing operations performed for that insured.
3,.
CG20101093
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