The URL can be used to link to this page

Home My WebLink About2008 CON Bustamante & Associates - Governmental Affairs Consulting Services 1"orrm.$141— aTy Coy' CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES RECITALS THIS CONSULTING SERVICE AGREEMENT ("Agreement") made this 1st Day of November 2008, by and between the City of National City, California (referred to hereinafter as "Client") and Bustamante & Associates (referred to hereinafter as "Consultant") (collectively referred to as the "Parties"). WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, Client desires to retain Consultant as a governmental affairs consultant from November 1, 2008 to April 30, 2009. NOW THEREFORE, in exchange for good and valuable consideration hereinafter described, Client hereby retains Consultant; and Consultant hereby agrees to provide to Client governmental affairs consulting services as follows: PERFORMANCE AND COMPENSATION The following services and duties ("Services"): • Provide strategy to Client on a project basis; • Assume responsibility for communications between the State of California and the Client on port issues; • Schedule an assessment day with the City Manager and appropriate City staff to establish goals and an action plan; • Coordinate with City staff on any relevant State legislation that can help in the effort to obtain goals outlined between the Parties; • Meet with appropriate local legislators and community stakeholders to partner with Client; • Meet quarterly in person upon request by the City Manager for special presentations and workshops to the City Council or designated audience; • Host bi-annual Sacramento legislative workshops and State budget orientations; • Prepare written progress reports. Client shall pay Consultant a monthly fee of Six Thousand Dollars ($6,000) within thirty (30) days of the end of each month during which consultant provides services. TERMINATION The Parties may terminate this Agreement at any time by giving written notice. The termination will be effective one (1) calendar month (30 days) after the date of the notice. Page 1 of 3 CONSULTING AGREEMENT CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES Page 2 of 3 INDEPENDENT CONTRACTOR Consultant enters into this Agreement, and will remain throughout the term of this Agreement, as an independent contractor. Client agrees that Consultant is not and will not become an employee, partner, agent, or principal of Client while this Agreement is in effect. Consultant may work with Client's employees or subcontractors as the Client (or City Manager) provides approval to perform the Services required of Consultant by this Agreement. Consultant represents and warrants that any subcontractors or employees required for specialty services will have prior approval of the City Manager, and have the same qualifications and skills necessary to perform the Services as set forth above. CONFIDENTIALITY Any information including, but not limited to, written, printed, graphic, or electronically or magnetically recorded information ("Proprietary Information") furnished by Client for Consultant's use is the sole property of Client. This Proprietary Information includes, but is not limited to, any and all information provided by Client directly to Consultant, including but not limited to Client's requirements, customer/vendor lists, marketing information, and information concerning Client's employees, finances, products, services, prices, and operations. Consultant understands and agrees to keep this Proprietary Information in the strictest confidence, and shall not disclose it by any means to any person except with Client's prior consent, and only to the extent permitted by Client and necessary to performance of Services under this Agreement. This prohibition also applies to Consultant's employees, agents, and subcontractors. CLIENT'S DUTIES Client agrees to be truthful with Consultant, to cooperate, to keep Consultant informed of developments and to abide by this Agreement. DISCLAIMER OF GUARANTEE Nothing in this Agreement and nothing in Consultant's statement to Client shall be construed as a promise or guarantee about the outcome of Client's matter. Consultant cannot and shall not guarantee to Client that he will be successful in his efforts to secure desired results, however, Consultant warrants that Consultant shall use his best efforts to meet the objectives of the Client, and perform accordingly. MISCELLANEOUS PROVISIONS This Agreement shall be governed by the laws of the State of California. In the event any suit, action, or appeal to enforce this Agreement, the prevailing party shall be entitled to an award of its costs and attorneys' fees. CONSULTING AGREEMENT CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES Page 3 of 3 This Agreement may be executed in counterparts. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. Each term, covenant, condition, and provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result. This Agreement supersedes any prior agreement, negotiations, and communications, oral or written, and contains the entire agreement between the Parties. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made by any party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the Parties. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Parties' successors, assigns, executors, administrators, beneficiaries, and representatives. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement will be cumulative, and will not be exclusive of any other such rights, remedies, and benefits allowed by law. The undersigned Parties acknowledge and agree as herein described under the laws of the State of California on this 1st day of November, 2008. Signed by: F NATIONAL CITY BUSTAMANTE & ASSOCIATES //-/z-‘x on Morrison, Mayor RESOLUTION NO. 2008 — 231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONSULTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES WHEREAS, Bustamante & Associates (the "Consultant") is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, the City desires to retain the Consultant to perform governmental affairs consulting services from November 1, 2008 to April 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Bustamante & Associates in the amount of $6,000 per month for a six-month period to perform governmental affairs consulting services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of Nove 2008. on orrison, Mayor ATTEST: ,i)% c el R. Dalla, Cit Clerk APPROVED AS TO FORM: at George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 18, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Ierk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-231 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT ti.. MEETING DATE5 November 18, 2008 Nivir AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Bustamante & Associates for six months in the amount of $36,000 to perform Government Affairs Consulting Services PREPARED BY EXPLANATION Chris Zapata DEPARTMENT 336-4240 City Manager PLEASE SEE ATTACHED MEMORANDUM Environmental Review ✓ N/A Financial Statement Funds are budgeted Account No. 511-445-460-213-0000 STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Agreement 2. Resolution A-200 (9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 24, 2008 Mr. Cruz Bustamante Bustamante & Associates 9266 Native Dancer Lane Elk Grove, CA 95624 Dear Mr. Bustamante, On November 18th, 2008, Resolution No. 2008-231 was passed and adopted by the City Council of the City of National City, authorizing execution of Agreement with Bustamante & Associates. We are forwarding for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Office of the City Manager ® Recycled Paper