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HomeMy WebLinkAbout2009 CON Bustamante & Associates 1 - Governmental Affairs Consulting ServicesNOTE TO FILE 03-24-10 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the Mayor to execute a governmental affairs consulting Agreement by and between the City of National City and Bustamante & Associates. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants X City Attorney _ Human Resources City Manager _ MIS Community Svcs. _ Planning _ Engineering _ Police Finance _ Public Works Fire NTF CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES RECITALS THIS CONSULTING SERVICE AGREEMENT ("Agreement") made this 5th Day of May 2009, 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 May 1, 2009 to October 31, 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. Page 1 of 3 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. 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 1. 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. Page 2 of 3 2. This Agreement may be executed in counterparts. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 5th day of May, 2009. Signed by: CITY OF NATIONAL CITY BUSTAMANTE & ASSOCIATES Ron Morrison, Mayor Cruz Bustamante Page 3 of 3 RESOLUTION NO. 2009 — 93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUSTAMANTE & ASSOCIATES WHEREAS, Cruz Bustamante is a former Lieutenant Governor and Speaker of the Assembly of the State of California, and is currently a principal in Bustamante & Associates (''Consultant"); and WHEREAS, Consultant is in the business of governmental affairs relating to all manner of issues and projects; and WHEREAS, the City desires to retain Consultant as a governmental affairs consultant from May 1, 2009 to October 31, 2009, for a monthly fee of $6,000.. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Governmental Affairs Consulting Agreement between the City and Bustamante & Associates for the period May 1, 2009 through October 31, 2009, for a monthly fee of $6,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of May, 2009 ATTEST: Michael R. Da►la, City Clerk APPROVED AS TO FORM: George H. l►ser, Ill City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on May 5, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California CI rk of the City ofhV City ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-93 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GOVERNMENTAL AFFAIRS CONSULTING AGREEMENT BETWEEN THE CITY AND BUSTAMANTE & ASSOCIATES PREPARED BY George H. Eiser, III P DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Cruz Bustamante, a former Lieutenant Governor and Speaker of the Assembly of the State of California, is currently the name principal in Bustamante & Associates, consultants in the filed of governmental affairs. Pursuant to the proposed Consulting Agreement, Bustamante & Associates would provide the following services to the City: • Provide strategy to the City on a project basis; • Assume responsibility for communications between the State of California and the City 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 the City; • 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. The fee for the Consultant's services would be $6,000 per month. Either party could terminate the Agreement upon 30 days' written notice. Environmental Review ' N/A Financial Statement Funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Consulting Agreement A-200 (9/99)