HomeMy WebLinkAboutC-2099/) e
AMENDMENT NO. 9 TO AGREEMENT FOR LEGISLATIVE
ADVOCACY REPRESENTATION BY AND BETWEEN THE
CITY OF ARCADIA AND JOE A. GONSALVES AND SON
This Amendment No. 9 ( "Amendment No. 9 ") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California and Joe A. Gonsalves and Son, a California Corporation, with respect to that
certain Professional Services Agreement between the parties dated September 20,
2002, as heretofore amended ( "Agreement').
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting September 21, 2011 and by substituting therefore
September 21, 2012.
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 9 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 9 on the date set
forth below.
CITY OF ARCADIA
By:
Donald Penman, City Manager
Dated: 411-5111
ATTEST:
10 u I IfUFOM.1WN, i.- f .,
City
APPROVED AS TO FORM:
City A torney
CONSULTANT
"Joe AEI Gonsalves. & Son"
c
Gonsalves & Son
1100-2.0
C- �o99 -6
AMENDMENT NO. 8 TO AGREEMENT FOR LEGISLATIVE
ADVOCACY REPRESENTATION BY AND BETWEEN THE
CITY OF ARCADIA AND JOE A. GONSALVES AND SON
This Amendment No. 8 ( "Amendment No. 8 ") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California and Joe A. Gonsalves and Son, a California Corporation, with respect to that
certain Professional Services Agreement between the parties dated September 20,
2002, as heretofore amended ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting September 21, 2010 and by substituting therefore
September 21, 2011.
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 8 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 8 on the date set
forth below.
CITY OF ARCADIA
By: �c�x�v►�a+ —�
Donald Penman, City Manager
Dated: y ba-E I to
ATTEST:
lei
City Jerk
APPROVED AS TO FORM:
9�� P.
City Attorney
CONSULTANT
"Joe A. Gonsalves & Son"
�-
11!F
: • •
1100- 20
r..- w91 7
AMENDMENT NO. 7 TO AGREEMENT FOR LEGISLATIVE
ADVOCACY REPRESENTATION BY AND BETWEEN THE
CITY OF ARCADIA AND JOE A. GONSALVES AND SON
This Amendment No. 7 ( "Amendment No. 7 ") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California and Joe A. Gonsalves and Son, a California Corporation, with respect to that
certain Professional Services Agreement between the parties dated September 20,
2002, as heretofore amended ( "Agreement').
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the
amended by deleting September
September 21, 2010.
Agreement, the term of the Agreement is
21, 2009 and by substituting therefor
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 7 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 7 on the date set
forth below.
CITY OF ARCADIA
Donald Penman, City Manager
Dated:
ATTEST:
r 1 d
Y
C r
APPROVED AS TO FORM:
n ,
City Attorney
CONSULTANT
"Joe A. Gonsalves &, Son"
Joe W. Gonsalves & Son
lloc)-2O
a Ogg -
AMENDMENT NO. 6 TO AGREEMENT FOR LEGISLATIVE
ADVOCACY REPRESENTATION BY AND BETWEEN THE
CITY OF ARCADIA AND JOE A. GONSALVES AND SON
This Amendment No. 6 ( "Amendment No. 6 ") is hereby entered into by and between the
City of Arcadia, a charter city organized under the Constitution and laws of the State of
California and Joe A. Gonsalves and Son, a California Corporation, with respect to that
certain Professional Services Agreement between the parties dated September 20,
2002, as heretofore amended ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting September 21, 2008 and by substituting therefore
September 21, 2009.
2. Pursuant to Section 3.2.5 the City's representative shall be Donald Penman, City
Manager, or his designee.
3. Pursuant to Section 3.5.2 the City's representative for delivery of notices shall be:
City of Arcadia, P.O. Box 60021, 240 West Huntington Drive, Arcadia, CA
91066 -6021, Attn: Donald Penman, City Manager.
4. All of the terms and provisions of the Agreement not amended by this
Amendment No. 6 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 6 on the date set
forth below.
CITY OF ARCADIA
By:^ pl cn a
Donald Penman, City Manager
Dated: 141b t 0 1
ATTEST:
City Cler
APPROVED AS TO FORM:,
City Attorney
CONSULTANT
"Joe A. Gonsalves & Son"
By:
o46o es &Son
AMENDMENT NO. 5 TO AGREEMENT FOR LEGISLATIVE
REPRESENTATION BY AND BETWEEN THE CITY OF
ARCADIA AND JOE A. GONSALVES AND SON
This Amendment No. 5 ( "Amendment No. 5 ") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution and
laws of the State of California and Joe A. Gonsalves and Son, a California
Corporation with respect to that certain Professional Services Agreement between
the parties dated September 5, 2000, as heretofore amended ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting September 21, 2007 and by substituting therefore
September 21, 2008.
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 5 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 5 on the date
set forth below.
CITY OF ARCADIA
By W YA
City Manager
Dated: 10. 2007
APPROVED AS TO
cam,. n 4-.e�
City Attorney
CONSULTANT
"Joe A. Gonsalves &
oe
& Son
V
90
AMENDMENT NO. 4 TO AGREEMENT FOR LEGISLATIVE
REPRESENTATION BY AND BETWEEN THE CITY OF
ARCADIA AND JOE A. GONSALVES AND SON
Mo -o20
This Amendment No. 4 ( "Amendment No. 4 ") is hereby entered into by and
between the City of Arcadia, a charter, city organized under the Constitution and
laws of the State of California ' and Joe A. Gonsalves and Son, a California
Corporation with respect to that certain Professional Services Agreement between
the parties dated September 5, 2000, as heretofore amended ( "Agreement').
The parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the term of the Agreement is
amended by deleting September 21, 2006 and by substituting therefor
September 21, 2007.
2. All of the terms and provisions of the Agreement not amended by this
Amendment No. 4 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 4 on the date
set forth below.
CITY OF ARCADIA
By U
City'Manager
Dated: W40 2006
ATTEST:
i
APPROVED AS TO FORM:
V
City Attorney
CONSULTANT
"Joe A. Gonsalves
Joe A.
AMENDMENT NO.3 TO AGREEMENT FOR LEGISLATIVE
REPRESENTATION BY AND BETWEEN THE CITY OFARCADIA
AND JOE A. GONSALVES & SON.
l ton -0
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the state of California, and Joe A.
Gonsalves & Son, a California Corporation, with principal place of business at 925 L
Street, Suite 250, Sacramento, CA 95814; with respect to that certain Professional Services
Agreement between the parties dated September 5, 2000 ( "Agreement').
The parties agree as follows:
1. Section 3.1.2 of the Agreement is hereby amended by deleting September 21, 2005
and by substituting therefore September 21, 2006.
2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date set forth
below.
CITY OF ARCADIA
By;4
City Manager
Dated: . R'R 12005
-City Clerk
APPROVED AS TO FORM:,
City Attorney
CONSULTANT
"Joe A. Gonsalves & Son" .
By:
Title: President
Dated: Oc t ober ".18 . 2005
rlov_ �v
AMENDMENT NO. 2 TO AGREEMENT FOR LEGISLATIVE
REPRESENTATION BY AND BETWEEN THE CITY OF
ARCADIA AND JOE A. GONSALVES & SON.
This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the state of California,
and Joe A. Gonsalves & Son, with respect to that certain Professional Services
Agreement between the parties dated September 5, 2000 ( "Agreement').
The parties agree as follows:
1. Section 3.1.2 of the Agreement is hereby amended by deleting September
21, 2004 and by substituting therefore September 21, 2005.
2. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. Ion the date
set forth below.
CITY OF ARCADIA
By: lam. W
City Manager
Dated: 11
T'EST:
APPROVED A�O/ OR
City Aftorney
2004
CONSULTANT
"Joe A. Gon.s qlves && S
By:
Joe A. Gonsalves & Son
ioso—y�
. Gi9o/
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1 . PARTIES AND DATE.
RECEIVED
CITY OF ARCADIA
SEP 2 7 2002
CITY MANAGER
This Agreement is made and entered into this ZD day of September, 2002
by and between the City of Arcadia, a °municipal organization organized under the
laws of the State of California with its principal place, of business at 240 West
Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Joe A. Gonsalves &
Son, ( "Consultant /Legislative Representative "), with principal place of business at
925 L Street, Suite 250, Sacramento, California 95814 -3704. City and
Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set
forth in this Agreement. Consultant represents that the company is experienced in
providing professional legislative representation to public clients, is licensed in the
State of California, and is familiar with the legislative process as it relates to the
Arcadia community. . ,
2.2 Project.
City desires to engage Consultant to render such services for legislative
representation as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1 .1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental
and customary work necessary to fully and adequately supply the professional
consulting services necessary for legislative advocacy ( "Services "). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
RVPUBINGS1557188
3.1.2 Term. The term of this Agreement shall be from September 20,
2002 to September 20, 2003, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under his supervision.
Consultant will determine the means, methods and details of performing the
Services subject to the requirements of this Agreement. City retains Consultant on
an independent contractor basis and not as an employee. Consultant retains the
right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at
all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment .'insurance, disability insurance, and workers'
compensation insurance.
. 3.2.2 Schedule of Services. Consultant, shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the
Schedule of Services set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Consultant represents that the company has the professional
and technical ability required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City
shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to
City that no additional personnel will perform and coordinate the Services under
this Agreement, unless approved in advance by the City.
3.2.5 City's Representative. The City hereby designates William R.
Kelly, City Manager, or his designee, to act as its representative for the
performance of this Agreement ( "City's Representative"). City's Representative
shall have the power to act on behalf of the City for all purposes under this
RVPUB \NGS \5571 BB
2
Contract. Consultant shall not accept direction or orders from any person other
than the City's Representative or his designee.
3.2.6 Consultant's Representative. Consultant does not require a
representative to fulfill the terms of this agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely
with City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful' and competent manner,
consistent with the standards generally recognized as being employed by
professionals in . the same discipline in the State of California. Consultant
represents and maintains that the company is skilled in the professional calling
necessary to perform the Services. Finally, Consultant represents that the
company has all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. If applicable,
any employee of the Consultant or its sub - consultants who is determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely
completion of Services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from by the Consultant and shall not be
re- employed to perform any of the Services.
3.2.9 Laws and Regulations. Consultant shall keep himself fully
informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner_ affecting the Services, and shall give all notices required
by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to
the City, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents .free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance. (INTENTIONALLY OMITTED)
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated
PVPUB \NGS \557188 -
3
herein by reference. The total compensation shall not exceed Thirty -six Thousand
Dollars ($36,000), without written approval of City's representative. Extra Work
may be authorized, as described below, and if authorized, will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement of Services rendered by Consultant.. The statement
shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of
receiving such statement, review the statement and pay all approved charges
thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement,
City may request that Consultant perform Extra Work. As used herein, "Extra
Work" means any work which is determined by City to be necessary for the proper
completion of the Project, but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Consultant shall not
perform, nor be compensated for, Extra. Work without written authorization from
City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain
complete and accurate records with respect to all costs and expenses incurred
under this Agreement. All such records shall be clearly identifiable. Consultant
shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1. Grounds for Termination. City may, by written
notice to Consultant, terminate the whole or any part of this Agreement at any
time and without cause by giving written notice to Consultant of such termination,
and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City,
RVPMNGS1557188
4
and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is
terminated as provided herein, City may require Consultant to provide all finished or
unfinished Documents and Data and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within
fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement
is terminated in whole or in part as provided herein, City may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at
such other address as the respective parties may provide in writing for this
purpose:
Consultant:
City:
JOE A. GONSALVES & SON
925 L Street, Suite 250
Sacramento, CA 95814 -3704
City of Arcadia
P.O. Box 60021
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: William R. Kelly, City Manager
Such notice shall be deemed made when personally delivered or when
mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual
Property. This Agreement creates a non - exclusive and perpetual license for City to
copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other
intellectual property embodied in plans, specifications, studies, drawings,
RVPUMNGS \557188
rJ
estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data ").
Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which
were prepared by design professionals other than Consultant or provided to
Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data,
input record data, written information, and other Documents and Data either
created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes
other than the performance of the Services. Nor shall such materials be disclosed
to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant who is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine,
trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully
cooperate with one another, and shall take any additional acts or sign any
additional documents as may be necessary, appropriate or convenient to attain the
purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action
against the other party, either legal, administrative or otherwise, arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be
entitled to have and recover from the losing party reasonable attorney's fees and all
other costs of such action.
3.5.6 Entire Agreement. This Agreement contains the entire
Agreement of the parties with respect to the subject matter hereof, and supersedes
all prior negotiations, understandings or agreements, This Agreement may only be
modified by a writing signed by both parties.
RVPUBING51557188
6
0
3.5.7 Governing Law. This Agreement shall be governed by
the laws of the State of California.,
3.5.8 Time of Essence. Time is of the essence for each and
every provision of this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves
right to employ other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be
binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Consultant shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or
any interest herein without the prior written consent of the City. Any attempt to
do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.12 Construction; References; Captions. Since the Parties or
their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days
or period for performance shall be deemed calendar days and not work days. All
references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification,
or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a
waiver of any other default or breach, whether of the same or other covenant or
condition. No waiver, benefit, privilege, or service voluntarily given or performed
by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third
party beneficiaries of any right or obligation assumed, by the Parties.
RV PUB \NGS \557 t BB
7
0
3.5.16 Invalidity; •Severability. If any portion of this Agreement
is declared invalid, illegal, or otherwise .unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants
that he has not employed nor retained any company or person, other than a bona
fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that he has not paid nor, has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant,
any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents
that he is an equal opportunity employer and he shall not discriminate against any
subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By his signature hereunder,
Consultant certifies that he is aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability
for Worker's Compensation or to undertake self- insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all
requisite power and authority to conduct his business and to execute, deliver, and
perform the Agreement. Each Party warrants that the individuals who have signed
this Agreement have the legal power, right, and authority to make this Agreement
and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in
counterparts, each of which shall constitute an original.
RVPUSWGS \557188
8
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract
any portion of the work required by this Agreement, except as expressly stated
herein, without prior written approval of City. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement.
CITY OF ARCADIA
By:
William R. Kelly
City Manager
Dated �*f : , 2002
ATTEST:
y Clerk-
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
RVPUMNGS1557188
9
CON:
A
Co
• r
EXHIBIT °A,•
SCOPE OF SERVICES
Joe A. Gonsalves & Son (Consultant) shall provide professional legislative
representation to the City of Arcadia. The following terms and conditions of the
Agreement (Agreement) serve to outline the scope of services.
1. Consultant shall review all bills introduced in the California Legislature
and inform the City of all such legislation affecting the City's
interest. A copy of all such bills shall be forwarded weekly to the City.
2. The City shall review and analyze all such bills and inform the Consultant,
in writing, of the City's position.
3. The Consultant shall act in an independent capacity and not as officers,
employees or agents of the City and shall be deemed an independent
contractor for all purposes.
4. The Consultant shall at all times perform duties customarily performed by
legislative advocates and governmental affairs representatives on behalf
of the City to the best of their abilities, experience and talents. Said
duties shall include but are not necessarily limited to:
a. Meeting with State legislators to intervene on behalf of the City
b. Following a bill from introduction through the entire legislative
process and informing the City of its progress and the Consultant's
efforts to lobby on behalf of the City
C. Acting on behalf of the. City to introduce legislation and select an
author for such legislation
d. Assisting the City in obtaining State funds through legislation
and/or grants
This Agreement is not assignable, not subject to subcontracting, either in
whole or in part without the express written consent of the City.
5. Consultant agrees to indemnify and hold harmless the City, its officers,
agents and employees from any and all claims and losses accruing or
resulting to any persons, firms or corporations in connection with the
performance of this Agreement, and from any and all claims and losses
accruing or resulting from any person, firm or corporation who may be
RVPUB \NGS1557188
A -1
• •
injured or damaged by the Consultant's performance of this Agreement as
a result of and to the extent of the negligence of the Consultant, its officers,
agents or employees.
RVPUSINGS \557188
A-2
EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall provide the necessary time and expertise to provide professional
legislative representation to the City of Arcadia as outlined in this Agreement.
RVPMNG5 \557188
B_1
EXHIBIT "C"
COMPENSATION
On or about the first of every month, upon receipt of invoice, City shall pay
Consultant the sum of Three Thousand dollars ($3,000.00). Total annual
compensation shall not exceed Thirty -six Thousand dollars ($36,000.00).
The City shall reimburse the Consultant for any travel and other expenses
directly related to a request by the City for the Consultant to participate in
meetings or activities outside of Sacramento. Said reimbursement is provided only
for trips requested by the City and is subject to the written approval of the City.
RVPUMNGS1557188
C- i
EXHIBIT "A"
SCOPE OF SERVICES
Joe A. Gonsalves & Son (Consultant) shall provide professional legislative
representation to the City of Arcadia. The following terms and conditions of the
Agreement (Agreement) serve to outline the scope of services.
1 . Consultant shall review all bills introduced in the California Legislature
and inform the City of all such legislation affecting the City's
interest. A copy of all such bills shall be forwarded weekly to the City.
2. The City shall review and analyze all such bills and inform the Consultant,
in writing, of the City's position.
3. The Consultant shall act in an independent capacity and not as officers,
employees or agents of the City and shall be deemed an independent
contractor for all purposes.
4. The Consultant shall at all times perform duties customarily performed by
legislative advocates and governmental affairs representatives on behalf
of the City to the best of their abilities, experience and talents. Said
duties shall include but are not necessarily limited to:
a. Meeting with State legislators to intervene on behalf of the City
b. Following a bill from introduction through the entire legislative
process and informing the City of its progress and the Consultant's
efforts to lobby on behalf of the City
C. Acting on behalf of the City to introduce legislation and select an
author for such legislation
d. Assisting the City in obtaining State funds through legislation
and/or grants
This Agreement is not assignable, not subject to subcontracting, either in
whole or in part without the express written consent of the City.
5. Consultant agrees to indemnify and hold harmless the City, its officers,
agents and employees from any and all claims and losses accruing or
resulting to any persons, firms or corporations in connection with the
performance of this Agreement, and from any and all claims and losses
accruing or resulting from any person, firm or corporation who may be
RVPMNGS \557188
A -1
injured or damaged by the Consultant's performance of this Agreement as
a result of and to the extent of the negligence of the Consultant, its officers,
agents or employees.
RVPUB\NGS \5571B8
A -2
EXHIBIT "B"
SCHEDULE OF SERVICES
0
Consultant shall provide the necessary time and expertise to provide professional
legislative representation to the City of Arcadia as outlined in this Agreement.
RVPUB \NGS \557188
B -1
EXHIBIT "C"
COMPENSATION
On or about the first of every month, upon receipt of invoice, City shall pay
Consultant the sum of Three Thousand dollars ($3,000.00). Total annual
compensation shall not exceed Thirty -six Thousand dollars ($36,000.00).
The City shall reimburse the Consultant for any travel and other expenses
directly related to a request by the City for the Consultant to participate in
meetings or activities outside of Sacramento. Said reimbursement is provided only
for trips requested by the City and is subject to the written approval of the City.
RVPUB \NGS \557188
C -1
ioSU -9D
s • •
/���/1_
LpA ii /ni /7",-C- L/r1 VOLRl�
i
G �p O&
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1 . PARTIES AND DATE.
This Agreement is made and entered into this /qflday of September, 2001
by and between the City of Arcadia, a municipal organization organized under the
laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Joe A. Gonsalves &
Son, ( "Consultant /Legislative Representative "), with principal place of business at
925 L Street, Suite 250, Sacramento, California 95814 -3704. City and
Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set
forth in this Agreement. Consultant represents that the company is experienced in
providing professional legislative representation to public clients, is licensed in the
State of California, and is familiar with the legislative process as it relates to the
Arcadia community.
2.2 Project.
City desires to engage Consultant to render such services for legislative
representation as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental
and customary work necessary to fully and adequately supply the professional
consulting services necessary for legislative advocacy ( "Services "). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
RVPMNGS \557188
' ! •
3.1.2 Term. The term of this Agreement shall be from September 5,
2001 to September 5, 2002, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under his supervision.
Consultant will determine the means, methods and details of performing the
Services subject to the requirements of this Agreement. City retains Consultant on
an independent contractor basis and not as an employee. Consultant retains the
right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at
all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the
Schedule of Services set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Consultant represents that the company has the professional
and technical ability required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City
shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to
City that no additional personnel will perform and coordinate the Services under
this Agreement, unless approved in advance by the City.
3.2.5 City's Representative. The City hereby designates William R.
Kelly, City Manager, or his designee, to act as its representative for the
performance of this Agreement ( "City's Representative "). City's Representative
shall have the power to act on behalf of the City for all purposes under this
RVPUB \NGS \557188
2
0 0
Contract. Consultant shall not accept direction or orders from any person other
than the City's Representative or his designee.
3.2.6 Consultant's Representative. Consultant does not require a
representative to fulfill the terms of this agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely
with City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Consultant
represents and maintains that the company is skilled in the professional calling
necessary to perform the Services. Finally, Consultant represents that the
company has all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. If applicable,
any employee of the Consultant or its sub - consultants who is determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely
completion of Services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from by the Consultant and shall not be
re- employed to perform any of the Services.
3.2.9 Laws and Regulations. Consultant shall keep himself fully
informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the Services, and shall give all notices required
by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to
the City, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance. (INTENTIONALLY OMITTED)
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated
RVPUBINGS1557188
3
0 0
herein by reference. The total compensation shall not exceed Thirty -six Thousand
Dollars ($36,000), without written approval of City's representative. Extra Work
may be authorized, as described below, and if authorized, will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement of Services rendered by Consultant. The statement
shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of
receiving such statement, review the statement and pay all approved charges
thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement,
City may request that Consultant perform Extra Work. As used herein, "Extra
Work" means any work which is determined by City to be necessary for the proper
completion of the Project, but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Consultant shall not
perform, nor be compensated for, Extra Work without written authorization from
City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain
complete and accurate records with respect to all costs and expenses incurred
under this Agreement. All such records shall be clearly identifiable. Consultant
shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1. Grounds for Termination. City may, by written
notice to Consultant, terminate the whole or any part of this Agreement at any
time and without cause by giving written notice to Consultant of such termination,
and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City,
RVPUB \NGS \5571 88
4
0 0
and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is
terminated as provided herein, City may require Consultant to provide all finished or
unfinished Documents and Data and other information of any kind prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within
fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement
is terminated in whole or in part as provided herein, City may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at
such other address as the respective parties may provide in writing for this
purpose:
Consultant:
City:
JOE A. GONSALVES & SON
925 L Street, Suite 250
Sacramento, CA 95814 -3704
City of Arcadia
P.O. Box 60021
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: William R. Kelly, City Manager
Such notice shall be deemed made when personally delivered or when
mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice. occurred, regardless of the
method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual
Property. This Agreement creates a non - exclusive and perpetual license for City to
copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other
intellectual property embodied in plans, specifications, studies, drawings,
RVPUB \NGS \557188
5
0 0
estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data ").
Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which
were prepared by design professionals other than Consultant or provided to
Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data,
input record data, written information, and other Documents and Data either
created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes
other than the performance of the Services. Nor shall such materials be disclosed
to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant who is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine,
trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully
cooperate with one another, and shall take any additional acts or sign any
additional documents as may be necessary, appropriate or convenient to attain the
purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action
against the other party, either legal, administrative or otherwise, arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be
entitled to have and recover from the losing party reasonable attorney's fees and all
other costs of such action.
3.5.6 Entire Agreement. This Agreement contains the entire
Agreement of the parties with respect to the subject matter hereof, and supersedes
all prior negotiations, understandings or agreements. This Agreement may only be
modified by a writing signed by both parties.
BVPUB \NGS \557188
6
•
3.5.7 Governing Law
the laws of the State of California.
3.5.8 Time of Essence
every provision of this Agreement.
0
This Agreement shall be governed by
Time is of the essence for each and
3.5.9 City's Right to Employ Other Consultants. City reserves
right to employ other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be
binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Consultant shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or
any interest herein without the prior written consent of the City. Any attempt to
do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.12 Construction; References; Captions. Since the Parties or
their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days
or period for performance shall be deemed calendar days and not work days. All
references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification,
or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a
waiver of any other default or breach, whether of the same or other covenant or
condition. No waiver, benefit, privilege, or service voluntarily given or performed
by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third
party beneficiaries of any right or obligation assumed by the Parties.
RVPUB \NGS \557188
7
0 0
3.5.16 Invalidity; Severability. If any portion of this Agreement
is declared invalid, illegal, or otherwise unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants
that he has not employed nor retained any company or person, other than a bona
fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that he has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant,
any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents
that he is an equal opportunity employer and he shall not discriminate against any
subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By his signature hereunder,
Consultant certifies that he is aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability
for Worker's Compensation or to undertake self- insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all
requisite power and authority to conduct his business and to execute, deliver, and
perform the Agreement. Each Party warrants that the individuals who have signed
this Agreement have the legal power, right, and authority to make this Agreement
and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in
counterparts, each of which shall constitute an original.
RVPURWGS \557188
8
0 0
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract
any portion of the work required by this Agreement, except as expressly stated
herein, without prior written approval of City. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement.
CITY OF ARCADIA
CONSULTANT
By: Vu4 9 lyttm By:
William R. Kelly
City Manager
ATTEST:
it Clerk
APPROVED AS TO FORM:
�k� 0. J1
Step en P. Deitsch
City Attorney
RVPUB1NG51557188
9
Gonsalves & Son
/050-90
• C /lad
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 5th day of September, 2000
by and between the City of Arcadia, a municipal organization organized under the
laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Joe A. Gonsalves &
Son, ( "Consultant "), with principal place of business at 925 L Street, Suite 250,
Sacramento, California 95814 -3704. City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set
forth in this Agreement. Consultant represents that the company is experienced in
providing professional legislative representation to public clients, is licensed in the
State of California, and is familiar with the legislative process as it relates to the
Arcadia community.
2.2 Project.
City desires to engage Consultant to render such services for legislative
representation as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1 .1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental
and customary work necessary to fully and adequately supply the professional
consulting services necessary for legislative advocacy ( "Services "). The Services
are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
RVPUMNGS \557168
0 0
3.1.2 Term. The term of this Agreement shall be from September 5,
2000 to September 5, 2001, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under his supervision.
Consultant will determine the means, methods and details of performing the
Services subject to the requirements of this Agreement. City retains Consultant on
an independent contractor basis and not as an employee. Consultant retains the
right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at
all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the
Schedule of Services set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Consultant represents that the company has the professional
and technical ability required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City
shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to
City that no additional personnel will perform and coordinate the Services under
this Agreement, unless approved in advance by the City.
3.2.5 City's Representative. The City hereby designates William R.
Kelly, City Manager, or his designee, to act as its representative for the
performance of this Agreement ( "City's Representative "). City's Representative
shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other
than the City's Representative or his designee.
RVPUB \NGS \557188
2
0 0
3.2.6 Consultant's Representative. Consultant does not require a
representative to fulfill the terms of this agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely
with City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. Consultant
represents and maintains that the company is skilled in the professional calling
necessary to perform the Services. Finally, Consultant represents that the
company has all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. If applicable,
any employee of the Consultant or its sub - consultants who is determined by the
City to be uncooperative, incompetent, a threat to the adequate or timely
completion of Services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from by the Consultant and shall not be
re- employed to perform any of the Services.
3.2.9 Laws and Regulations. Consultant shall keep himself fully
informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the Services, and shall give all notices required
by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to
the City, Consultant shall be solely responsible for all costs arising therefrom.
Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Time for Compliance. Consultant shall not allow
any subcontractor to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor has secured all insurance
required by City.
3.2.11 Safety. Consultant shall execute and maintain his work
so as to avoid injury or damage to any person or property. In carrying out the
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and
the conditions under which the work is to be performed.
FVPUBMS \557188
3
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation,
including authorized reimbursements, for all Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated
herein by reference. The total compensation shall not exceed Thirty -six Thousand,
($36,000) without written approval of City's representative. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement of Services rendered by Consultant. The statement
shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days of
receiving such statement, review the statement and pay all approved charges
thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be
reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement,
City may request that Consultant perform Extra Work. As used herein, "Extra
Work" means any work which is determined by City to be necessary for the proper
completion of the Project, but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Consultant shall not
perform, nor be compensated for, Extra Work without written authorization from
City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain
complete and accurate records with respect to all costs and expenses incurred
under this Agreement. All such records shall be clearly identifiable. Consultant
shall allow a representative of City during normal business hours to examine, audit,
and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
RVPUR\NGS \557188
4
3.5.1.1 Grounds for Termination. City may, by written
notice to Consultant, terminate the whole or any part of this Agreement at any
time and without cause by giving written notice to Consultant of such termination,
and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City,
and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is
terminated as provided herein, City may require Consultant to provide all finished or
unfinished Documents and Data and other information of any kind, prepared by
Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within
fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement
is terminated in whole or in part as provided herein, City may procure, upon such
terms and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at
such other address as the respective parties may provide in writing for this
purpose:
Consultant:
City:
JOE A. GONSALVES & SON
925 L Street, Suite 250
Sacramento, CA 95814 -3704
City of Arcadia
P.O. Box 60021
240 West Huntington Drive
Arcadia, CA 91066 -6021
Attn: William R. Kelly, City Manager
Such notice shall be deemed made when personally delivered or when
mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage
prepaid and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
RVPUB1NG51557188
5
0 9
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual
Property. This Agreement creates a non - exclusive and perpetual license for City to
copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other
intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ( "Documents & Data").
Consultant shall require all subcontractors to agree in writing that City is granted a
non - exclusive and perpetual license for any Documents & Data the subcontractor
prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which
were prepared by design professionals other than Consultant or provided to
Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda,
specifications, plans, procedures, drawings, descriptions, computer program data,
input record data, written information, and other Documents and Data either
created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes
other than the performance of the Services. Nor shall such materials be disclosed
to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant who is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine,
trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate
with one another, and shall take any additional acts or sign any additional
documents as may be necessary, appropriate or convenient to attain the purposes
of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against
the other party, either legal, administrative or otherwise, arising out of or in
connection with this Agreement, the prevailing party in such litigation shall be
entitled to have and recover from the losing party reasonable attorney's fees and all
other costs of such action.
RVPUB \NGS \5571 BB
6
0 0
3.5.6 Entire Agreement. This Agreement contains the entire
Agreement of the parties with respect to the subject matter hereof, and supersedes
all prior negotiations, understandings or agreements. This Agreement may only be
modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws
of the State of California.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on
the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Consultant shall not assign,
hypothecate, or transfer, either directly or by operation of law; this Agreement or
any interest herein without the prior written consent of the City. Any attempt to
do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation
or transfer.
3.5.12 Construction; References; Captions. Since the Parties or
their agents have participated fully in the preparation of this Agreement, the
language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days
or period for performance shall be deemed calendar days and not work days. All
references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All
references to City include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and
do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.13 Amendment; Modification. No supplement, modification,
or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a
waiver of any other default or breach, whether of the same or other covenant or
condition. No waiver, benefit, privilege, or service voluntarily given or performed
by a Party shall give the other Party any contractual rights by custom, estoppel, or
otherwise.
RVPUBINGS1557188
7
0 0
3.5.15 No Third Party Beneficiaries. There are no intended third
party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement
is declared invalid, illegal, or otherwise unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants
that he has not employed nor retained any company or person, other than a bona
fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that he has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant,
any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents
that he is an equal opportunity employer and he shall not discriminate against any
subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By his signature hereunder,
Consultant certifies that he is aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability
for Worker's Compensation or to undertake self- insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all
requisite power and authority to conduct his business and to execute, deliver, and
perform the Agreement. Each Party warrants that the individuals who have signed
this Agreement have the legal power, right, and authority to make this Agreement
and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in
counterparts, each of which shall constitute an original.
RVPUB \NGS \557188
8
21
0 0
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement.
CITY OF ARCADIA CONSULTS
By: S By:
William R. Kelly
City Manager
Attest:
Approved as to Form:
Stephen P. Deitsch
City Attorney
RVPUB \NGS \557188
E
• •
EXHIBIT "A"
SCOPE OF SERVICES
The City of Arcadia (City) wishes to engage the services of Joe A. Gonsalves &
Son (Consultant) to provide professional legislative representation.
The following terms and conditions of the Agreement (Agreement) serve to outline,
the services the Consultant shall provide to the City:
Consultant shall review all bills introduced in the California Legislature
and inform the City of all such legislation affecting the City's
interest. A copy of all such bills shall be forwarded weekly to the City.
2. The City shall review and analyze all such bills and inform the Consultant,
in writing, of the City's position.
3. The Consultant shall act in an independent capacity and not as officers,
employees or agents of the City and shall be deemed an independent
contractor for all purposes.
4. The Consultant shall at all times perform duties customarily performed by
legislative advocates and governmental affairs representatives on behalf
of the City to the best of their abilities, experience and talents. Said
duties shall include but are not necessarily limited to:
a. Meeting with State legislators to intervene on behalf of the City
b. Following a bill from introduction through the entire legislative
process and informing the City of its progress and the Consultant's
efforts to lobby on behalf of the City
C. Acting on behalf of the City to introduce legislation and select an
author for such legislation
d. Assisting the City in obtaining State funds through legislation
and /or grants
This Agreement is not assignable, not subject to subcontracting, either in
whole or in part without the express written consent of the City.
5. Consultant agrees to indemnify and hold harmless the City, its officers,
agents and employees from any and all claims and losses accruing or
resulting to any persons, firms or corporations in connection with the
performance of this Agreement, and from any and all claims and losses
accruing or resulting from any person, firm or corporation who may be
injured or damaged by the Consultant's performance of this Agreement as
a result of the sole negligence of the Consultant, its officers, agents or
employees.
RVPUB \NGS \557188
A -1
6. The term of this Agreement shall commence on the 51h day of September,
2000, and shall continue in full force and effect until September 5, 2001.
RVPUMNGS1557188
A -1
0
EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall provide the necessary time and expertise to provide professional
legislative representation to the City of Arcadia as outlined in this Agreement.
RVPUB \NGS \557188
lE
EXHIBIT "C"
COMPENSATION
On or about the first of every month, upon receipt of invoice, City shall pay
Consultant the sum of Three Thousand dollars ($3,000.00). Total annual
compensation shall not exceed Thirty -six Thousand dollars ($36,000.00).
The City shall reimburse the Consultant for any travel and other expenses
directly related to a request by the City for the Consultant to participate in
meetings or activities outside of Sacramento. Said reimbursement is provided only
for trips requested by the City and is subject to the written approval of the City.
RVPUB \NGS \5571 BB
B -1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN JOE A. GONSALVES & SON
AND THE CITY OF ARCADIA
The City of Arcadia ( "City ") wishes to engage the services of Joe A. Gonsalves & Son
( "Contractor"), 925 L Street, Suite 250, Sacramento, California to provide services in
legislative advocacy and governmental affairs in matters affecting cities in California.
The purpose of this Agreement is to state the terms and conditions under which the
Contractor will provide services to the client, the City of Arcadia.
The terms and conditions of this Agreement are as follows:
The Contractor shall review all Bills introduced in the California Legislature and
inform the City of all such legislation affecting the City's interest. A copy of all such
Bills shall be forwarded weekly to the City.
The City shall review and analyze all such Bills and inform the Contractor, in
writing, of the City's position.
The Contractor shall act in an independent capacity and not as officers, employees
or agents of the City and shall be deemed an independent contractor for all
purposes.
4. The Contractor shall at all times perform duties customarily performed by
legislative advocates and governmental affairs representatives on behalf of the
City to the best of their abilities, experience and talents. Said duties shall include
but are not necessarily limited to:
a. Meeting with State Legislators to intervene on behalf of the City
b. Following a Bill from introduction through the entire legislative process and
informing the City of its progress and the Contractor's efforts to lobby on
behalf of the City
C. Acting on behalf of the City to introduce legislation and select an author for
such legislation
d. Assisting the City in obtaining State funds through legislation and/or grants
This Agreement is not assignable, nor subject to sub - contracting, either in whole or
in part without the express written consent of the City.
5. Contractor agrees to indemnify and save harmless the City, its officers, agents and
employees from any and all claims and losses accruing or resulting to any
persons, firms or corporations in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting from any
person, firm or corporation who may be injured or damaged by the Contractor's
performance of this Agreement as a result of the sole negligence of the Contractor,
its officers, agents or employees.
-2-
0 0
The term of this Agreement shall commence on the Ist day of September, 1999,
and shall continue in full force and effect until terminated by seven (7) days written
notice from either party to the other. Notice of termination under this Agreement
shall be given to the City by certified mail to.240 W. Huntington Drive, Arcadia,
California 91007, or to Joe A. Gonsalves & Son at Park Executive Building, Suite
250, 925 L Street, Sacramento, California 95814.
If terminated, the Contractor shall be paid to the date of termination with a pro-
rated amount based on the date of termination in relation to the amount paid.
7. On the first of every month the City shall pay to the Contractor the sum of
$3,000.00.
8. The City shall reimburse the Contractor for any travel and other expenses directly
related to a request by the City for the Contractor to participate in meetings or
activities outside of Sacramento. Said reimbursement is provided only for trips
requested by the City and is subject to the written approval of the City.
9. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
10. This Agreement shall be governed by the laws of the State of California. It
constitutes the entire Agreement between parties regarding its subject matter. If
any provision in this Agreement is held by any court to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as follows:
JOE A. GONSALVES & SON ( "CONTRACTOR ")
BY: 1CM DATE: 9
THE CITY OF ARCADIA, A MUNICIPAL CORPORATION
BY: DATE: t4I "
ATTEST:
Clerk �\
APPROVED AS TO FORM:
4�
q�ity Attorney
August 24, 1998
DIA
r. a
Clty Of Mr. Anthony Gonsalves
Joe A. Gonsalves &Son
Arcadia
Park Executive Buildings
925 L Street, Suite 250
Office of the
Sacramento, CA 95814 -3704
City Attorney
Dear Mr. Gonsalves:
iosU - ` 6
L0 //r/
1'Lpi
��1 31 �
gM31 OW !V
CITY,&TTORNEY OFFICE.
NEchael H. Hitler
Qly Attorney Concenllng implementation of Arcadia's agreement with Joe A. Gonsalves
& Son (Contractor) consistent with our telephone discussion of this date,
Contractor agrees to put the City of Arcadia on written notice should the
possibility of a conflict of interest arise with regard to any matter of interest
involving the City and another person or entity represented by Contractor.
Likewise, City shall put Contractor on notice if, in the opinion of the City
Manager, a potential conflict arises.
For purposes of this agreement "conflict" refers to a possible incompatibility
between the interests of the City and another client of Contractor with regard
to the work efforts of contractor pursuant to their agreement with Arcadia or
another party.
Should a conflict arise as set forth above, upon notice from one party to the
other, the parties shall immediately meet and confer with regard to resolving
all issues applicable to the problem. The parties shall negotiate in good faith
in a timely manner so as not to prejudice the interests of either to resolve all
issues including but not limited to representation, costs, and alternative
means for the City's interest to be protected on any issue subject to this
process.
Except to the extent the aforementioned effects the contract, nothing in this
letter changes any of the contract responsibilities of contractor or in any way
effects your responsibility to keep the City informed of all legislation
effecting the City's interest.
240 W. Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(818)574 -5407
(818) 446 -2991 Fax
0 0
Mr. Anthony Gonsalves
August 24, 1998
Page 2
Please sign below and return a copy of this letter to the City. Thank you.
Sincerely,
N�a --
Michael H. Miller
City Attorney
CITY OF ARCADIA
William R. Kelly
City Manager
CONTRACTOR
5 o e A. Gonsalves & Son
-�le R 6o Ns�I�F�
(Print Name)
;.Lobbying Firm
ActiaYity Authorization
(Government Code Section 86104)
Check one box If applicable
Fx7 Lobbyist Employer
(Gov. Code Section 82039.5)
❑ Lobbying Coalition
(Gov. Code Section 18616.4)
Type or Print in Ink
NAME OF FILER:
BUSINESS ADDRESS: (Number and Street)
• LOBBYING
ACTIVITY AUTHORIZATITI NI
ON
Legislative Session CALIFORNIA �02
1995/96 FORM
For Official Use Only
RECEIVED AND FILED
1997 -1996 h the office of the Secretary of State
(Insert Years) of the State of California
AUG 2 4 1998
Page 1 of 2
tet9 0l State
(City) (State) (Zip Code) I EFFECTIVE DATE:
I hereby authorize Joe A. Gonsalves 6 Son
(Name of Lobbying Firm)
925 L Street, Suite 250, Sacramento, California 95814
(Business Address)
to engage in the activities of a lobbying firm (as defined in California Government Code
Section 82038.5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the above named
employer.
If you are authorizing another lobbying firm to lobby on behalf of your firm's client(s), provide the
name(s) of the client(s) below. (It is not necessary to complete the Nature and Interests Section.)
NAME OF SUBCONTRACTED CLIENT:
NAME OF SUBCONTRACTED CLIENT:
NAME OF SUBCONTRACTED CLIENT: .
NAME OF SUBCONTRACTED CLIENT:
I have used all reasonable diligence in preparing this Statement. I have reviewed this Statement and to
the best of my knowledge the information contained herein is true and complete.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Executed on /9n/aA At Arcadia, California By —mil
DATE CITY AND STATE SIGNATURE OF RESPONSIBLE OFFICER
Name of Responsible Officer William R. Kelly Title j.City Manager
PRINT OR TYPE
For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbying Disclosure Provisions of the
Political Reform Act
State of California Fair Political Practices Commission
'Tobbying Firm •
' Activity Authorization
-
SEE INSTRUCTIONS ON REVERSE
NAME OF FILER:
Joe A. Gonsalves 6 S
Nature and Interests of Lobbyist Employer
Check one box only:
❑ INDIVIDUAL (Complete ❑ BUSINESS ENTITY
only Parts A and E) (Complete only Parts
B and E)
or
11
❑ INDUSTRY, TRADE OR
PROFESSIONAL ASSN,
(Complete only Parts C and E)
LOBBYING FIRM
CALIFORNIA
11995/96 FORM 602
Page 2 of 2
® OTHER (Complete only
Parts D and E)
A. Individual I 2. Description of business activity in which you or your
1. flame and addrssc•of emp!cye. (or princioo! ploe of
employer are engaged:
buziness if �;?u- empinyed):
I
B, Business Entity
Description of business activity in which engaged
C. Industry, Trade or Professional Association 1 2. Specific description of any portion or faction of the
1. Description of industry, trade, or profession represented: I industry, trade, or profession which the association
P P exclusively or primarily represents:
I
I
I
I
I
i
3. Number of members in association (check appropriate box):
❑ 50 OR LESS (Provide names of all members on an attachment) ❑ MORE THAN 50 _
D. Other 2. Description of any trade, profession, or other group
with a common economic Interest which is principally
1. Statement of nature and purposes: represented or from which membership or financial
-�M!sprfac!pa!!. derived:
Local government: serving the best I
interests of the citizens of the city I -
of Arcadia. I
I
I
r
E. Industry Group Classification
Check one box which most accurately describes the industry group which you represent. See instructions on reverse.
El AGRICULTURE F-1 LEGAL
❑ EDUCATION ❑ PUBLIC EMPLOYEES
® GOVERNMENT ❑ POLITICAL ORGANIZATIONS
❑ HEALTH ❑ UTILITIES
❑ LABOR UNIONS ❑ OTHER
(Describe in detail)
BUSINESS: (Check one of the follov
❑ ENTERTAINMENT /RECREATION
❑ FINANCEANSURANCE
❑ LODGING /RESTAURANTS
❑ MANUFACTURING/INDUSTRIAL
❑ MERCHANDISE/RETAIL
,ing sub- categodes.)
❑ OIL AND GAS
❑ PROFESSIONALITRADE
❑ REAL ESTATE
❑ TRANSPORTATION
❑ OTHER
(Specific Description)