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HomeMy WebLinkAbout2015 CON Ledford Enterprises - Advocacy ServicesNOTE TO FILE 02-02-16 IN THE MATTER OF: Agreement by and between the City of National City and Ledford Enterprises Incorporated in the amount of $4,000.00 per month for Advocacy Services relating to the proposed expansion/ optimization of the National City Marine Terminal. Please note the following: NO FULLY EXECUTED ORIGINAL CONTRACT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC _ Housing & Grants City Attorney Human Resources X City Manager MIS Community Svcs. Planning Engineering Police Finance Public Works Fire AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN NATIONAL CITY AND LEDFORD ENTERPRISES INCORPORATED This agreement is made and entered into as of July 13, 2015, by and between National City (the City) and Ledford Enterprises Inc. (LEI). A. The City is in need of advocacy services in before the Port of San Diego. B. LEI is qualified to provide such professional services. C. The parties desire by this agreement to establish the terms for the City to retain LEI to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Description of Services a. LEI shall provide the City advocacy services relating to the proposed expansion/optimization of the National City Marine Terminal and its impact on the City. b. Provide other administrative and advocacy services consistent with this purpose and as may be required and as directed by the City. 2. Payment for Services a. The City shall pay LEI for such professional services at a rate of four thousand dollars ($4,000.00) per month. This amount represents the entirety of charges permitted under this agreement unless specifically authorized by the City. b. LEI shall submit monthly statements via email for services rendered. the City shall pay the statement within 30 days of receipt. 3. Expenses The retainer is inclusive. No expenses shall be permitted without the specific authorization of the City and must be approved in advance by the City. 4. Time of Performance LEI shall perform such services in a prompt and timely manner. Cp_) 1 10. Changes in Work If in the course of the work outlined herein, changes seem merited by LEI or the City, and informal consultations with the other party indicate that a change is warranted, LEI or the City may request a change in the following manner: A letter outlining the required changes shall be forwarded to the City by LEI to inform the City of the proposed changes along with a statement of estimated changes in charge or time schedule. A supplemental agreement shall be prepared and approved by LEI and the City. 1 1 . Conflict of Interest Statement LEI shall not accept employment or contract during the term of this agreement with any firm or individual for the provision of services which would conflict directly with the services provided to the City under this agreement. 12. Laws and Venue This agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this agreement, the actions shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 13. Termination of the Contract The City has the absolute right to terminate or abandon any portion or all of the work at any time. In such event, the City shall be given title immediately to the portion of the work completed and/or being abandoned. The City shall pay LEI a percentage of the retainer represented by the amount of days worked that month up to termination. LEI may terminate its obligation to provide further services under this agreement upon ten (10) calendar days' written notice. 14. Non -Discrimination During the term of this agreement, LEI shall not deny the agreement's benefits to any person on the basis of religion, color, ethnic group identification, gender, age, or physical or mental disability, nor shall they discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or gender. LEI shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 3 L Tedford enterprises July i5, 2015 public affairs/strategic imaging for affairs/strategic imaging for the business carmunity Brad Raulston Executive Director, Community Development City of National City 1243 National City Blvd. National City, CA 9i95o Dear Mr. Raulston, This letter of acceptance establishes a professional relationship between National City (the City) and Ledford Enterprises Inc. (LEI), authorizing LEI as directed to represent City interests before the Port of San Diego and other related/required government entities regarding the proposed expansion/optimization of the National City Marine Terminal. Term for this agreement is six months, effective on July 13, 2015 and concluding on January 13, 20i6. The agreement may be extended by mutual consent of both parties. Retainer for this agreement is $4,00o per month (four thousand per month) and is payable within 30 days of electronic receipt of the invoice. The City has the absolute right to terminate this agreement at any time. If these terms and conditions are agreeable, please sign below and return a copy to my office. I look forward to working you the City on this most important issue. Cordially Richard edford Acknowledged and Accepted By: Brad Raulston, Executive Director Date: 110 west c strut. suite 1410 san diego ca 92101 619.696.1552 fax 619.696.1588 e-mail : rl edford@l edentr. com