HomeMy WebLinkAboutA6058 - TOWNSEND PUBLIC AFFAIRS INC AGR FOR CONSULTING SVCS pbo�
CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT ("Contract") is made and entered into this '9 k_ day of September 2011, by and
between the City of Palm Springs, a municipal agency, ("Client'), and Townsend Public Affairs, Inc., a
California corporation ("Consultant"). For valuable consideration, Client and Consultant agree:
1. Term.
This Contract is effective as of the date above. The terms and conditions of this Contract shall
remain in full force for the period set forth in Exhibit"A."
2. Services.
Consultant will, in accordance with the terms of this Contract, perform the services described in
Exhibit "A," ("Services").
3. Fees.
Client agrees to pay Consultant for the services in the amount described in Exhibit "A" in
accordance with the provisions of the Fee Schedule in Exhibit"A." The Consultant will submit a
monthly invoice to Client reflecting the fee and including any expenses incurred for such month.
Client shall pay each billing within thirty (30) days of receipt thereof.
4. Expenses.
Client shall reimburse Consultant for all reimbursable itemized expenses with third party
vendors, including local transportation, meals and entertainment, and travel incurred while
transacting business as defined herein on behalf of Client. Such expenses shall be billed to the
Client on a monthly basis and will be due upon receipt.
5. Laws, Rules and Regulations.
Consultant shall perform the Services in accordance with all applicable local, state and federal
laws and regulations, exercising the standard of care applicable to Consultant's profession.
6. Lobbyist Registration
As a lobbyist employer,you are required to file a Form 602 with the California Secretary of State
as well as a quarterly Form 635. As a courtesy to our clients,we will prepare all forms for your
signature and will file accordingly, on your behalf. All filing fees will be Client's responsibility.
7. No Condition to Payment.
It is the intention of the parties to this Contract that the Services rendered hereunder and the
payments made hereunder and the payments made therefore are not in any way contingent
upon the defeat or enactment of any legislative or administrative proposal or the achievement of
any specific result. The parties hereto agree that such sums as are paid pursuant to this
Contract shall be deemed to be the reasonable value of services rendered hereunder.
8. Independent Contractor.
It is the intention of the parties to this Contract that the Services rendered hereunder shall be so
rendered by Consultant as an independent contractor and not as an employee, agent, joint
venturer or partner of Client. Nothing in this Contract shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Client and
Consultant or any employee or agent of Consultant. Both parties acknowledge that Consultant
is not an employee for state or federal tax purposes. Consultant shall retain the right to perform
services for others under the terms of this Contract during the entire term hereof.
1
9. Work Product
Any tangible work product that is developed by Consultant shall be the property of the Client.
10. Confidentiality.
Consultant agrees to maintain the confidentiality of files or other information it is provided or
develops during the course of its work for Client. It is understood, however, that disclosure of
certain information provided by Client may be necessary or appropriate in the course of its
representation of Client. Such disclosures shall be made upon consultation with Client or
Client's designated representative and with written consent from the Client
11. Termination.
This Contract may be terminated by either party upon thirty(30)days written notice to the other
party specifying desired date of termination.
12. Contract Modifications.
Client and Consultant agree that the terms and conditions of this Contract shall constitute the
entire agreement between the parties signatory hereto as to the matters set forth herein. Client
and Consultant may modify the terms of this Contract only by executing a written Contract
Addendum, which shall reference this Contract and shall be executed by the parties' signatory
hereto.
13. Attorneys Fees.
Client and Consultant agree that the prevailing party in any dispute under this Agreement shall
be entitled to an award of attorneys' fees and costs as ordered by a court of competent
jurisdiction.
14. Certification of Non-Discrimination.
By signing this Contract, Consultant certifies that it does not discriminate in hiring on the basis
of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical
handicap or medical conditions.
15. Notice.
Notice and written communications sent by one party to the other shall be personally delivered
or sent by U.S. Mail, postage prepaid, to the following addresses:
To Client: City of Palm Springs
Attention: David Ready, City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
To Consultant: Townsend Public Affairs, Inc.
Attention: Christopher Townsend, President
2699 White Road, Suite 251
Irvine, California 92614
2
16. Execution.
The representatives of Client and Consultant warrant that they have authority to sign on behalf
of and bind their principals and have caused this Contract to be duly executed the day and year
first above written.
"CONSULTANT" "CLIENT'
TOWNSEND PUBLIC AFFAIRS, INC., THE CITY OF PALM SPRINGS
a California c o tion a municipal agency
By: By:
Ch opherJ. 1 nsend
President Title:
ASTORIM
9W Anonwy
Date
Not To Exceeq. a o,
Without The Ex ess Written
Authorization Of The City
Manager.
3
EXHIBIT "A"
TO
CONTRACT FOR CONSULTING SERVICES
TERM: July 1, 2011 through November 30, 2011
FEE SCHEDULE: $5,000 per month
SERVICES: Consultant shall develop and implement a State and Federal
government advocacy strategy to secure funding for the priority
projects of the City of Palm Springs, including, but not
necessarily limited to, the following services:
• Consult in the development, review, and submittal of
competitive applications.
• Advocate with key decision-makers and legislative
supporters for full funding for the applications once
submitted.
• Ensure expedited and flexible disbursement of funding once
secured.
Client Initials
Consultant Initials /AV
4
SUPPLEMENT TO
CONTRACT FOR CONSULTING SERVICES (#2)
THIS SUPPLEMENT TO CONTRACT FOR CONSULTANT SERVICES
("Supplement') is made and entered into this ao7n day of June, 2011 by and
between the City of Palm Springs, a municipal corporation ("Client') and
Townsend Public Affairs, Inc., a California corporation ("Consultant').
RECITALS
A. Client and Consultant have entered into that certain Contract for
Consultant Services dated as of February 1, 2011 ("Contract') and February 23,
2011 ("Amendment#1").
B. The parties to this Supplement desire to change the term of the
Contract as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, the parties hereto supOement and amend the
Contract as hereinafter set forth.
1. The term is extended through June 30, 2011 and will extend month
to month thereafter, as mutually agreed upon by both parties.
2. All other terms and conditions of the Contract, except as set forth
herein, shall remain in full force and effect.
WHEREFORE, this Supplement is executed by the parties as of the date set
forth above.
CLIENT: CITY OF PALM SPRINGS
Its : ��y islv✓�yGr.7
CONSULTANT: TOWNS D LIC AFFAI
a Califo is rp ra
By:
C oph To send
President find Secretary
*0 5�
CONSULTING SERVICES AGREEMENT—AMENDMENT #1
Townsend Public Affairs, Inc.
THIS AMENDMENT TO AGREE NT FOR CONSULTING SERVICES
("Agreement") is made and entered into on i , 2011, by and between the
City of Palm Springs, a California charter city and municipal corporation ("City"), and
Townsend Public Affairs, Inc., a California corporation ("Consultant"). City and Consultant are
individually referred to as"Party" and are collectively referred to as the "Parties".
WHEREAS, the City and Consultant have a current two-month agreement ending March 31,
2011; and
WHEREAS, the City wishes to extend the agreement for an additional two month period;
AGREEMENT
Section 1 of the Agreement is hereby amended to read as follows:
1. Term. Unless terminated in accordance with Section 11 of this Agreement, this
Agreement shall continue in full force and effect for two additional months, commencing April
1, 2011 through May 31, 2011.
All other terms of the original contract shall remain in place.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
"CITY"
CITY OF PALM SPRINGS
Date By•
David H. Ready
City Manager
ATTEST
By: -
es Thompson,
C Clerk
7
"CONSULTANT"
Townse bli Affairs, Inc.
Date: By:
cot
President
] Revised:2/08/2011
}
r�
CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT ("Contract") is made and entered into this day of , by and
between the City of Palm Springs, a municipal agency, ("Client"), and Townsend Public Affairs, Inc., a
California corporation ("Consultant"). For valuable consideration, Client and Consultant agree:
1. Term.
This Contract is effective as of the date above. The terms and conditions of this Contract shall
remain in full force for the period set forth in Exhibit"A."
2. Services.
Consultant will, in accordance with the terms of this Contract, perform the services described in
Exhibit"A," ("Services").
3. Fees.
Client agrees to pay Consultant for the services in the amount described in Exhibit "A" in
accordance with the provisions of the Fee Schedule in Exhibit"A." The Consultant will submit a
monthly invoice to Client reflecting the fee and including any expenses incurred for such month.
Client shall pay each billing within thirty(30)days of receipt thereof.
4. Expenses.
Client shall reimburse Consultant for all reimbursable itemized expenses with third party
vendors, including local transportation, meals and entertainment, and travel incurred while
transacting business as defined herein on behalf of Client. Such expenses shall be billed to the
Client on a monthly basis and will be due upon receipt.
5. Laws Rules and Regulations.
Consultant shall perform the Services in accordance with all applicable local,state and federal
laws and regulations, exercising the standard of care applicable to Consultant's profession.
6. Lobbyist Registration
As a lobbyist employer,you are required to file a Form 602 with the California Secretary of State
as well as a quarterly Form 635. As a courtesy to our clients,we will prepare all forms for your
signature and will file accordingly, on your behalf. All filing fees will be Client's responsibility.
7. No Condition to Payment.
It is the intention of the parties to this Contract that the Services rendered hereunder and the
payments made hereunder and the payments made therefore are not in any way contingent
upon the defeat or enactment of any legislative or administrative proposal or the achievement of
any specific result. The parties hereto agree that such sums as are paid pursuant to this
Contract shall be deemed to be the reasonable value of services rendered hereunder.
8. Independent Contractor.
It is the intention of the parties to this Contract that the Services rendered hereunder shall be so
rendered by Consultant as an independent contractor and not as an employee, agent, joint
venturer or partner of Client. Nothing in this Contract shall be interpreted or construed as
creating or establishing the relationship of employer and employee between Client and
Consultant or any employee or agent of Consultant. Both parties acknowledge that Consultant
is not an employee for state or federal tax purposes. Consultant shall retain the right to perform
services for others under the terms of this Contract during the entire term hereof.
1
9. Work Product
Any tangible work product that is developed by Consultant shall be the property of the Client.
10. Confidentiality.
Consultant agrees to maintain the confidentiality of files or other information it is provided or
develops during the course of its work for Client. It is understood, however, that disclosure of
certain information provided by Client may be necessary or appropriate in the course of its
representation of Client. Such disclosures shall be made upon consultation with Client or
Client's designated representative and with written consent from the Client
11. Termination.
This Contract may be terminated by either party upon thirty(30)days written notice to the other
party specifying desired date of termination.
12. Contract Modifications.
Client and Consultant agree that the terms and conditions of this Contract shall constitute the
entire agreement between the parties signatory hereto as to the matters set forth herein. Client
and Consultant may modify the terms of this Contract only by executing a written Contract
Addendum,which shall reference this Contract and shall be executed by the parties'signatory
hereto.
13. Attorneys Fees.
Client and Consultant agree that the prevailing party in any dispute under this Agreement shall
be entitled to an award of attorneys' fees and costs as ordered by a court of competent
jurisdiction.
14. Certification of Non-Discrimination.
By signing this Contract, Consultant certifies that it does not discriminate in hiring on the basis
of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical
handicap or medical conditions.
15. Notice.
Notice and written communications sent by one party to the other shall be personally delivered
or sent by U.S. Mail, postage prepaid, to the following addresses:
To Client: City of Palm Springs
Attention: David Ready, City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
To Consultant: Townsend Public Affairs, Inc.
Attention: Christopher Townsend, President
2699 White Road, Suite 251
Irvine, California 92614
2
16. Execution.
The representatives of Client and Consultant warrant that they have authority to sign on behalf
of and bind their principals and have caused this Contract to be duly executed the day and year
first above written.
"CONSULTANT" "CLIENT"
TOWNSE P' BL AFFAIRS, INCTHE CITY OF PALM SPRINGS
a Californi cor or on a municipal agency
By: By:
hris e J o ns nd
P ident Title:.
3
r
f
EXHIBIT"A" 4,
TO
CONTRACT FOR CONSULTING SERVIICIE
TERM: through febmwyn2t, 2011
FEE SCHEDULE: $5,000 per month plus approved expenses
SERVICES: Consultant shall develop and implement a State and Federal
government advocacy strategy to secure funding for the priority
projects of the City of Palm Springs, including, but not
necessarily limited to, the following services:
• Consult in the development, review, and submittal of
competitive applications.
• Advocate with key decision-makers and legislative
supporters for full funding for the applications once
submitted.
• Ensure expedited and flexible disbursement of funding once
secured.
Client Initials �'
Consultant Initials
4
Lobbying Firm
Activity Authorization Legislative Session •
rGovernmaut Code Section$6104)
Check one box,if applicable For CKficial Use Only
® Lobbyist Employer 2009-2010
(Gov.Code Section 82039.5) (lusett Years)
❑ Lobbying Coalition
WPPC"Regulation'18616.4)
Type or Print in Ink Page--j---- Of - Z--
NAMFOFFILER: PFFECTIVPDAT,:
City of Palm Springs
TTLi P1IC)NE\'l:MBL.R:
BUS1NL-SSAllDRESS ('Number and Street) (City) (Slane) (Zip Code) 760-323 $255
3200 E. Tahquitz Canyon Way Palm Springs CA 92262 FAXNTMBFR- (Optional)
MAII ING ADDRESS: (If differc+nt than above.)
1-MAIL (Optioaal)
1 hereby authorize Townsend Public Affairs. Inc.
(Name of Lobbying Firm)
(Business Address)
to engage in the activities of a lobbying firm (as defined in California Government Code Section
82038.5 and 2 Cal. Code of Regs. Section 18238.5)on behalf of the above named employer.
If you are authorizing another lobbying firm to lobby on behalf of your firm's dient(s),provide the name(s)of
the client(s) below. (It is not necessary to complete the Nature and Interests section.)
tiAMF.OFSUBCONTRAC`M7Ci,TF.NT: NAME OFsui3c)N'I'RA(. 1'WCLIENT:
NAME,OF SUBCONTRACTED CLIENT: Nk.vl.E OF SUB CONTRACTED CLIENT:
VERIFICATION
I have used all reasonable diligence in preparing this statement. I have reviewed this Statement and to the best of any
knowledge die information contained herein is true and complete.
I certify under penalty of perjury under the laws of the.State of California that the foregoing is true and correct.
Executed can By .,.
DATE SIUNAI'URLOl RESPONSIIi1LOl1l?1CL'R
Name of Respoliyible Officer Title
PRINT OR TYPE
FPPC Form 602 (7/98)
For Technical Assistance: 916/322-5660
Lobbying Firm
CALIFORNIA
Activity Authorization
FORM . r
FAIR POLITICAL PFACTICt.$ CORIM
OFF INSTRUCTIONS ON RRWASF. T pe or Print in Ink
'tiAN1F0PF1J,F',R;
City Of Palm Springs Page. 2 wr� 2
Nature and Interests of Lobbyist Employer
Check one box only:
® INDI'VIDIJAL(C'omplete BUSTNFSS ENTITY ❑INDUSTRY,TRADE OR LJ OTHER(e.g..lobbying
unlV Parts A And F) (complete.only Parts B PROFESSIONAL ASSN. Coalition)(Cutxtplete only
and R) (Complete only farts C"and E) Parts D and E)
A. Individual 2. Dean iption cif business.Gctivity in which you or your employer:are
1. Name laid address of employer(ar princip<rl puce of husrtnss if engaged:
Self-crrtpic>ycd):
B. Business Entity
Description of business activity in which engaged:
Municipal Government
C. Industry, Trade or Professional Association : 2. Siveific description of any portion or faction of the industry.MOt ,,cr
profession which the association cxlusivuly or primarily rejwesents:
F laescriptian of industry,lraule ur pz'ofession represented:
... . ...... .... ............... ............... ......................... . . ..
:? Number 4 members in association(cherk appropriate box)
11 50 OR LESS(provide mates of all members on an attachment,) ❑ MORE THAN 50
W Other 2. Description of any trade,profession,or othar group with a common
I. statement of nature and purposes: economic interest which is principally reptr:sented or from which
mcatbership or.financial support is principally derived:
E. Industry Group Classification
Check one,brx µ hich ntos(acctlralcly describes tltc.intltISt.ry erottr whictt you rciireseut. Sec.itiArttt dOnS on reverse..
® AGRICULTURE ® LEGAL B(JV,VE,SS(Check unr gj-dw.JoAowing sub-catrguries.)
® F.DUCe1Tf7.1N K'23LIC EMPLOYEES ❑ ENTERTAINMENT ECREATION � OIL AND CAS
FTNANCR/INSCIRANCE PROFFESSIONAL ITRADE
L.C1YERT✓hIEtY`I' ® PQl./'!'1C;41.OR(rANI/.P.TIUt�:S
LODGINGIRESTAURANTS RFAT_f STATF
0 HF.IFJ7I ® Cl'1'1f!(LL'� ❑MAN UF'AC'TURINUANDUSTRIAL 'TRANSPORTATION
®
OTHER, ® ME.RCHANDISEIRPTAII. OTHER LABOR UNIONS ❑ (Spc:cit5e T�evc ription)
(De.,crrhein detail)
FPPC Form 602 (7199)
For Technical Assistance: 9161322-5660