Resolution No. 90251
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RESOLUTION NO. 9025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING ALL ACTIONS TAKEN
AND DEEMED NECESSARY OR ADVISABLE IN SECURING THE
SERVICES OF JOE A. GONSALVES & SON
WHEREAS, the City of Vernon desires to engage a consultant to
provide services in legislative advocacy and governmental affairs in
the State of California; and
WHEREAS, Joe E. Gonsalves & Son ("Gonsalves") has performed
advocacy services for the City in the past; and
WHEREAS, in order to meet the urgent need for an advocate to
act as the City's official legislative advocate with the California
State Legislature and all California state agencies regarding issues
affecting the City, the Acting City Clerk authorized the retention of
Gonsalves and executed documents necessary to implement said services,
subject to ratification by the City Council; and
WHEREAS, the City Council desires to approve and ratify any
action taken or document executed by the Acting City Clerk respecting
Gonsalves; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to ratify the actions taken in obtaining legislative
advocacy services with Gonsalves.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
:=Y OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the actions taken by the Acting City Clerk in
executing any and all documents necessary for the purpose of securing
the legislative advocacy services and to implement and carry out the
purpose of such services.
SECTION.3: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk to execute an Agreement with
Gonsalves for, and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk to execute on behalf of the City any
and all additional documents required for the advocacy services under
the terms and conditions of the Agreement.
SECTION 5: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send one fully
executed Agreement to:
Joe A. Gonsalves & Son
Attn. Darlene Jaggers
925 L Street, Suite 250
Sacramento, CA 95814
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SECTION 6: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of May, 2006.
FATTEST:
BRUCE MAL ENHORST, JR.
Actin City Clerk
LEONIS C. MA BURG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9025, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, May 3, 2006, and thereafter was duly signed by the Mayor of
the City of Vernon.
(SEAL)
BRUCE �LKENHORST, JR.
Acting ty Clerk
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SUPPORTING
DOCUMENTS
AGREEMENT
BETWEEN JOE A. GONSALVES & SON
AND CITY OF VERNON
The CITY OF VERNON (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 on a weekly basis, ADVOCATE shall
forward copies of all such bills to 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 of significant
activity conducted on behalf of the CITY during the legislative session.
e. ADVOCATE shall arrange meetings with legislative representatives for
CITY's directors, officers and staff when necessary.
f. ADVOCATE shall initiate legislative proposals on behalf of and as
directed by CITY.
g. ADVOCATE shall attend and provide testimony on behalf of CITY in
legislative hearings when warranted.
AGREEMENT CITY OF VERNON
Page 2 of 3
2. CITY's Duties and Responsibilities:
a. CITY shall analyze and review all legislative bills submitted to it by
ADVOCATE and will inform ADVOCATE, in writing, of its position
on any and all such bills CITY wishes ADVOCATE to pursue.
b. CITY shall, on a timely and continuing basis, apprise ADVOCATE of
any specific issues it wishes to have analyzed or pursued by
ADVOCATE under this Agreement.
c. CITY shall, on a timely basis, pay all bills and invoices submitted to it
by ADVOCATE.
3. Effective Date and Term. This agreement shall become effective on the
I st day of May 2006, and shall continue in full force and effect unless and
until terminated by CITY and/or by ADVOCATE.
4. Compensation. CITY shall pay to ADVOCATE the monthly sum of
$5,000 (Five Thousand dollars and no cents) payable in advance on the
first day of each month.
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.
6. Attorneys 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 attorneys 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 and
losses accruing or resulting in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to
any person, firm or corporation who may be injured or damaged by
ADVOCATE's performance of this Agreement as a result of the sole
negligence of ADVOCATE and totally without fault to the CITY, its
officers, agents or employees.
8. Governing Law. This Agreement shall be governed by the laws of the
State of California.
9. Entire A-greement/Severability. This Agreement has three ( 3) pages. It
constitutes the entire Agreement between parties regarding its subject
AGREEMENT CITY OF VERNON
Page 3 of 3
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.
10. Notice of Termination.
a. 30-Day notice of termination under this Agreement by ADVOCATE
shall be given to CITY by certified mail to the following address:
Mr. Bruce V. Malkenhorst, Jr
City of Vernon
4305 Santa Fe Ave
Vernon, CA 90058
b. 30-Day notice of termination under. this Agreement by CITY shall be
given to ADVOCATE by certified mail 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as follows:
JOE A. GONSALVES & SON
zz
M'
DATED: 4 / 21 / 0 6 BY
CITY OF VERNON
DATED: BY
f Malkenhorst, Jr.
City Clerk
APPROVED AS T
Eric T. Fresch, City orney
t 04/17/2006 13:26 19164415061 GONSALVES AND SOW t'HC*- UZ/UI
Lobbying Firm
Activity Authorization
(Government Code Section A6104)
Check one boa, if applicable
® Lobbyist Employer
(Gov: Cnae Section 11121039 5)
❑ Lobbying Coalition
(FFFC Rquistiun l"16A)
Type or Print in Ink
NAM E OF FILER:
City Of Via]
s: (Number and Shed)
in th,
parett Yatra) HL
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Par of 2-
(Stag) (ZIP Codc)
For O Pklal Use Only
APR 2 5 2006
Delivered; Sacramento
Pherson, Secretary of State
rCLEPhONE r(UMBER:
?AX NUMAF It: (Optional)
&-MAIL: (O1. ional)
Joe A. --Gonsalves & Son
f hereby authorize_„__. ..._^-^
(Name of Lnbbytntt Firm)
925 L $ r t'. Suite 250. 60eramentn, CA 915814
(Business Address)
to engage in the activities of a lobbying firm (as defined in California Government C Dde Section
82038.5 and 2 Cal. Code of Reg& Section 18238.5) on behalf of the above named emf loy ,r.
If you are authorizing another lobbying firm to lobby on behalf of your firm's client(s), provi de the uame(s) of
the client(s) below. (It is not neemary to complete the Nature and Tnteresb section.)
NA ME OF SUBCONTRACTED CLIWn
NAME OF SUBCON11RAL713D CZIENT:
IN
OF
VERTFTCATTON
I have used all reasonable di Rena: in preparing this Statement. 1 leave reviewed this Statement am to 111e beat of my
knowledge the information contained hereln Is true And complete.
I certify under penalty of perjury under Me laws of the State of C ornia that the foregoing is true and correct.
LlExecuted on �-� " lBy'
ATR SIGNATURE OFRESPONSBLE0IF1CI R
Name of Responsible Officer
t�0 � Title r' c4ll V ( C �� L
PRINT OR TYPE ` I
FI~pC Form 602 (7/99)
For Technical Asslstance: 916/322-5660
04/17/2006 13:26 19164415061
Lobbying Firm
Activity Authorization
SEE INSTRIJC ONS ON RBVF,RSR
Mature alad interests of Lobbyist Employer
Check one box only:
GONSALVES Am 5U4 rwkm wi
Type or Print in link
Page_ —1— of 9
❑INDTVTDUAL (Complek ❑ BUSINESS ENTITY ❑ INDUSTRY. TRADE OR OTHE R (c. s., lobbying
only Parts A and E) (Compicto only Parts B PROFESSIONAL ASSN. coaliti m) ((:omplete only
(Complete only Parts C and E) Parts 11 and E)
A.individual : Z. don of mess activity in which'oou : your employer are
enge
1. Namc and address of employer (or principal place of business if gad:
celfremployed):
Dcscription of business activity in which engaged:
0--' e industry, trade, or
C. Industry,
e or Pro ess a on . 2. feMssionsociatic &iWil*on of any ioon exlusivc:y on Or rAc ioncmimarily represents:
1. Description of industry, trsdo or profession ngprewtod:
..............................................................................................................................................................................
3. Number of members in association (ew aF a bax)
❑ 50 OR LESS (provide names of all mombrrs on an attachment.) ❑ MORE THAN SO
D. Other c 2. Description of any trade. profession, or o her p'bup with a common
t . Statement of nature and purposest g economic intene�t which is principally rei rescr ted or from which
Loca 1 overnment — membership or f{nancial support i, princi >aliy derived:
Serving the best interests of the
citizens 'of• -.the City of Vernon.
E. industry Group Classification
Check one box which most accurately describes the industry group which you represent See instructions on reve- se.
❑
AGRICULTURE
❑
EDUCATION
M
GOyK)ZNMCNT
❑
HEALTH.
LABOR UNIONS
LEGAL
❑ PUBLIC $MPL7YBES
❑ POLl77CAL ORGANI7.A77ONS
UTTLrTIES
❑ 077MR;
(I)escribc in detail)
RUSMPM (Check one of the following sah-caw.goriw.
❑ VNTERTAMMENT/R$CRBATION
❑ FINANCG/INSURANCE
❑ LODGING/RESTAURANTS
❑ MANUFACTURING/TNDUSTRIAL
❑ M1ECHANDTSEIRETAIL
❑ (IL A RD GAS
❑ MOFAISSIONALMkADE
1.EAT. ESTATE
❑ 1 RAP' SPORTATTON
❑ OTHI R:
(Specific Tkccritftirnn)
F OPC Forst $02 (7/98)
For Toehnical Asall: lance: Bi8/322-5660