Loading...
HomeMy WebLinkAboutJoe A. Gonsalves and SonF -,Tel a 44jyi14►II THIS AGREEMENT is made and entered into on the 1st day of September, 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Joe A. Gonsalves & Son (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: State lobbying services relating to legislative and regulatory issues that pertain to all facets of business and operations of the Town of Los Altos Hills (Town) departments 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 31st, 2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence 09/1/23 and shall be completed by 8/31/24, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR four thousand dollars ($4,000) per month, with a not to exceed amount of forty-eight thousand dollars and no cents ($48,000.00), within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 3 Short form Updated 4/26/22 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. c. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. d. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. e. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. f. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary Town of Los Altos Hills Page 2 of 3 Short form Updated 4/26/22 course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. g. CONTRACT ADMINISTRATION. The TOWN hereby designates the Assistant to the City Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING, Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Peter Pirnejad City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 426/22 By: 9 gnature Date Print name, Title TOWN OF LOS ALTOS HILLS: Tka- TzLagfad Sep 11, 2023 By: Peter Pirnejad (Sep 11, 2023 13:55 PDT) Peter Pirnejad, City Manager Date Page 3 of 3 J-oe A. Gonsalves iF ".I AntMay D. Clem-salves *4•. ` Jason}. QmsaLses 5� ti II! I PadA� Gonsak s I #�fri 111' � C(;i 15«-Wtzm_iWUNBM_CMNirrP, ti fmi: f¢�ir-�Fa si�i air SCOPE OF SERVICES State lobbying services relating to legislative and regulatory issues that pertain to all facets of business and operations of the Town of Los Altos Hills (Town) departments. Activities include, but are not limited to the following: • Engage in advocacy on behalf of the Town on state matters and on Town -sponsored legislative proposals in consultation with the Town Manager and other staff, as deemed appropriate. • Advocate on behalf of the Town and maintain liaison between the Administration, Legislature, and State Agencies and Departments as determined by the Town. • Provide expertise in regulatory and legislative strategy and techniques to facilitate legislation and regulations through the process. • Respond to issues and assist the Town in providing appropriate communication to key legislators and regulators. • Identify effective advocacy strategies including where leverage should be applied, identify pitfalls, and provide an understanding of the political climate in the state. • Assist staff in understanding how legislation and regulations are formulated. Analyze and assist staff in drafting persuasive language in support of advocacy efforts. • Monitor the legislative and regulatory process regarding specific issues within the Town's identified priorities, as well as identifying other issues that may affect Town departments. • Develop and evaluate strategies for the support, opposition, or amending of pending legislation and regulations. • Provide assistance in securing state support for local and regional legislation and projects and develop strategies to gain concurrence by the Governor and his administration. Contract Points of Contact: Anthony D. Gonsalves Jason A. Gonsalves Paul A. Gonsalves Phone: (916) 441-0597 Email: gonsalvesggonsalvi.com Gonsalves and Son Agreement - 2024 Legislative Services $48K Final Audit Report 2023-09-11 Created: 2023-09-11 By: Cody Einfalt (ceinfalt@losaltoshills.ca.gov) Status: Signed Transaction ID: CBJCHBCAABAACejVuCTS-ugcjrKFlgK7vvFltmbiv8lk "Gonsalves and Son Agreement - 2024 Legislative Services $48 K" History Document created by Cody Einfalt (ceinfalt@losaltoshills.ca.gov) 2023-09-11 - 8:47:03 PM GMT Document emailed to ppirnejad@losaltoshills.ca.gov for signature 2023-09-11 - 8:47:34 PM GMT Email viewed by ppirnejad@losaltoshills.ca.gov 2023-09-11 - 8:54:54 PM GMT &0 Signer ppirnejad@losaltoshills.ca.gov entered name at signing as Peter Pirnejad 2023-09-11 - 8:55:43 PM GMT dp Document e-signed by Peter Pirnejad (ppirnejad@losaltoshills.ca.gov) Signature Date: 2023-09-11 - 8:55:45 PM GMT - Time Source: server Q Agreement completed. 2023-09-11 - 8:55:45 PM GMT Adobe Acrobat Sign