HomeMy WebLinkAbout2010 CON Bustamante & Associates - Governmental Affairs Consulting ServicesCONSULTING AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
BUSTAMANTE & ASSOCIATES
RECITALS
THIS CONSULTING SERVICE AGREEMENT ("Agreement") made this 4th day of
May 2010, 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, 2010 to November 30, 2010.
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.
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.
May 2010 Agreement
Page 2 Between City of National City
and Bustamante & Associates
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 4th day of May, 2010.
CITY OF NATIONAL CITY
Ron Morrison, Mayor
May 2010 Agreement
Page 3
BUSTAMANTE & ASSOCIATES
Cru ustamante
Bus mante & Associates
Between City of National City
and Bustamante & Associates
v
May 6, 2010
Mr. Cruz Bustamante
Bustamante & Associates
9266 Native Dancer Lane
Elk Grove, CA 95624
Dear Mr. Bustamante,
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Della, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
On May 4th, 2010, an agreement was entered between the City of National City
and Bustamante & Associates.
We are enclosing for your records a fully executed original agreement.
Michael R. Della, CMC
City Clerk
Enclosure
cc: Office of the City Attorney