2011/08/04 Joe A. Gonsalves and Sons FY11 notice of termination AGREEMENT
BETWEEN JOE A. GONSALVES &SON
AND THE CITY OF MENIFEE
The CITY OF MENIFEE (hereinafter "CITY") wishes to engage the services of JOE A.
GONSALVES & SON (hereinafter "ADVOCATE"), located at 925 L Street, Suite 250,
Sacramento, California, to provide services in legislative advocacy and governmental affairs in
matters affecting cities in the State of California.
The purpose of this Agreement is to state the terms and conditions under which
ADVOCATE will provide services to CITY.
The terms and conditions are limited to the following:
1. ADVOCATE'S Scope of Services. ADVOCATE agrees to assume and perform
the following duties and responsibilities:
a. ADVOCATE is designated and authorized by CITY to act as its official
legislative advocate with the California State Legislature and all California State
Agencies regarding issues affecting CITY.
b. ADVOCATE shall review all legislative bills introduced in the California
Legislature and shall inform CITY of all such legislation affecting CITY's
interests. ADVOCATE shall forward weekly a copy of all such bills to the CITY.
c. ADVOCATE shall assist CITY in identifying and obtaining state funding
available for CITY programs and proposed capital projects.
d. ADVOCATE shall provide a monthly written summary conducted on behalf of
the CITY during the legislative session and at other times if significant activity
warrants it.
e. ADVOCATE shall arrange meetings with legislative representatives for CITY
elected officials and staff when necessary.
f. ADVOCATE shall initiate legislative proposals on behalf of the CITY.
g. ADVOCATE shall attend and provide testimony on behalf of CITY in legislative
hearings when warranted.
2. CITY's Duties and Responsibilities
a. CITY may analyze and review all legislative bills submitted to It by ADVOCATE
and inform ADVOCATE, in writing, of its position on any and all such bills CITY
wishes ADVOCATE to pursue.
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AGREEMENT CITY OF MENIFEE
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b. CITY shall, on a timely and continuing basis, apprise ADVOCATE of the
speck issues and bills it wishes to have analyzed or pursued by ADVOCATE
under this Agreement.
c. CITY shall, on a timely basis, pay all bills and invoices submttted to it by
ADVOCATE.
3. Effective Date and Term. This agreement shall become effective on the 1st day
of July 2011, and shall continue in full force and effect unless and until
terminated in writing by CITY and/or by ADVOCATE.
4. Compensation. CITY shall pay to ADVOCATE the rnonthly sum of $3,000
(THREE THOUSAND DOLLARS) payable in advance on the first day of each
month to a maximum of twenty-five thousand ($25,000) dollars.
5. Costs and Expenses. CITY shall reimburse ADVOCATE for any travel and/or
other expenses directly related to any request by CITY for ADVOCATE to
participate in any meetings or activities outside of Sacramento. ADVOCATE shall
obtain advanced written approval of such expenses.
6. Attorney's Fees and Costs. If any legal action 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.
7. Indemnification. ADVOCATE agrees to indemnify and hold harmless CITY, its
officers, agents and employees from any and all claims, demands, penalties,
causes of action, losses or costs, including but not limited to costs for experts
and counsel acceptable to City, for bodily injury (including death) or property
damage, accruing or resulting in connection with the performance of or failure to
perform under this Agreement, Except that arising from the sole negligence or
Willful misconduct of ADVOCATE, its officers, employees or agents.
B. Governing Law. This Agreement shall be governed by the laws of the State of
California.
9. Entire Apreement/Severability. This Agreement has 3 (THREE) pages. It
constitutes the entire Agreement between parties regarding its subject matter. If
any provision of this Agreement is held by any court to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force
and effect.
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AGREEMENT CITY OF MNNIFEE
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10. Notice of Termination.
a. Notice of termination under this Agreement by ADVOCATE shall be given to
CITY by certified mail to the following address:
William Rawlings, City Manager
City of MENIFEE
29714 Haun Rd.
Menifee, CA 92586
b. Notice of termination under this Agreement by CITY shall be given at the
following address:
Joe A. Gonsalves & Son
925 L Street, Suite 250
Sacramento, CA 95814.
11.Amendments. The Agreement may be modified or amended only by a written
document executed by both ADVOCATE and CITY. No waiver of any term or
condition of this Agreement shall be a continuing waiver thereof.
IN.WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as follows:
JOE A. GONSALVES & SON
DATED: R C/ / BY Clldts „c(�
THE CITY OF MENIFEE,
DATED: z BY
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