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HomeMy WebLinkAbout02993 - SYLVESTER LUKIS LEGISLATIVE SERVICES Sylvester Lukis & Associates Legislative Services Agr AGREEMENT #2993 CITY OF PALM SPRINGS MO 4766, 5-15-91 LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of July, 1991, between the CITY OF PALM SPRINGS, hereinafter called THE CITY, a Municipal Cor- poration of the State of California, and the Firm of SYLVESTER LUKIS & ASSOCIATES, P.C. , Federal Legislative and Governmental Affairs Consul- tants, hereinafter called THE CONSULTANT. WITNESSETH: In consideration of the premises and mutual covenants hereinafter contained, the parties hereto agree: 1. OBLIGATIONS OF THE CONSULTANT A. THE CONSULTANT will confer with the Mayor, the City Council, the City Manager, and other such City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and THE CONSULTANT on all organizational planning and program activities which have a bearing on the ability of THE CITY to make the best use of federal programs. B. THE CONSULTANT will maintain liaison with THE CITY'S Congressional delegation and will assist the delegation in any matter which THE CITY determines to be in its best interest. C. THE CONSULTANT will counsel with THE CITY regarding appearances by City personnel before Congressional Committees and Federal Administrative agencies. D. THE CONSULTANT will assist THE CITY in the review of federal executive proposals, legislation under consideration, pro- posed and adopted administrative rules and regulations and other Washington developments for the purpose of advising THE CITY of those items mutually agreed upon which may have a significant bearing on THE CITY policies and programs. E. THE CONSULTANT will assist in contacting federal agencies in the White House and Office of Management and Budget in Washington, D.C. , on THE CITY'S behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. F. THE CONSULTANT will consult with THE CITY regarding any proposed formula changes in the Community Development Block Grant or other major federal programs to determine their impact on THE CITY and take the necessary steps as mutually agreed upon to bring changes in the best interest of THE CITY. G. THE CONSULTANT will, upon request of the City Manager, assist the City in any matter related to the Legislative Branches and the Executive Branch of the State of California. H. THE CONSULTANT shall provide periodic written reports, at least monthly, of its services performed pursuant to this agreement. 2. OBLIGATIONS OF THE CITY OF PALM SPRINGS A. THE CITY will contract with THE CONSULTANT for a period of 1 year. B. The basic retainer agreement will be for $24,000 per year. Payments will be in advance in equal monthly installments of $2,000 with the first such payment due and payable on June 1, 1991 and on the same date each and every month for the remaining eleven (11) months, in a total amount not exceeding $24,000. C. THE CITY will supply THE CONSULTANT with the names of the persons other than the Mayor and the City Manager who are authorized to request services from THE CONSULTANT and the person(s) to which THE CONSULTANT should respond regarding specific issues. D. THE CITY will reimburse THE CONSULTANT for reasonable out-of- pocket disbursements incurred by THE CONSULTANT in connection with the above services for out of town (Washington D.C.) travel expenses, specifically authorized,in advance, by THE CITY and related and necessary business expenses. THE CONSULTANT hereby agrees to provide to THE CITY copies of all receipts, with written explanation, for any out-of- pocket disbursements that are to be reimbursed by THE CITY. 3. TERMINATION OF CONTRACT THE CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to THE CITY. In that event, notice of termination of this Agreement shall be in writing to THE CONSULTANT who shall be paid for all WORK performed prior to the date of the receipt of the notice of termination. In no case, however, will THE CITY pay THE CONSULTANT an amount in excess of the total sum provided by this agreement. 4. NON-DELEGATION It is understood and agreed that the obligations undertaken by THE CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless THE CITY shall first consent, in writing, to the performance of such services or any part thereof by another person or firm. THE CONSULTANT shall not transfer, assign, or subcontract any of the services without express written approval of THE CITY. 5. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes, and case laws of the State of California. 6. AUDIT RIGHTS THE CITY reserves the right to audit the records of THE CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. 7. INDEMNIFICATION THE CONSULTANT shall indemnify and save THE CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of THE CONSULTANT'S activities under this Agreement, including all other acts or omissions to act on the part of THE CONSUL- TANT or any of them, including any person acting for or on their behalf. 8. CONFLICT OF INTEREST THE CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in con- nection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. THE CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of THE CONSULTANT or its employees, must be disclosed, in writing, to THE CITY. THE CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive laws and/or guidelines regarding conflict of interest promulgated by federal, state, or local government. 9. INDEPENDENT CONTRACTOR It is agreed that THE CONSULTANT and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of THE CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of THE CITY, or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to California Worker's Compensation benefits as an employee of THE CITY. THIS AGREEMENT shall take effect on the 1st day of July, 1991. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this day and year first written above. ATTEST CITY OF PALM SPRINGS CA ORNIA By City Clerk City Manlvr REVIEWED & APPROVED SYLVESTER LUKIS & ASSOCIATES, P.C. / By: F � t��" 4'L&Lpp __ E. YUKIKO BURTT-IT p Y Notai d Ful lic Notary Public, VJisuice of Columbia R9� C4innlissiun Expucs lV2arch 31, 199