HomeMy WebLinkAboutAGMT - Townsend Public Affairs (Sand Replenishment) CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT ("Contract") is made and entered into this 15`h day of August 2013, by and
between the City of Seal Beach, a municipality, ("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. 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.
7. 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
8. Work Product
Any tangible work product that is developed by Consultant shall be the property of the
Client.
9. 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
10. Termination.
This Contract may be terminated by either party upon thirty (30) days written notice to the
other party specifying desired date of termination.
11. 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.
12. 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.
13. 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.
14. 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 Seal Beach
Attention: Sean Crumby, Assistant City Manager
211 Eighth Street
Seal Beach, CA, 90740
To Consultant: Townsend Public Affairs, Inc.
Attention: Christopher Townsend, President
2699 White Road, Suite 251
Irvine, California 92614
2
15. 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., CITY OF SEAL BEACH
a C- o corporation a municipality
1 -.3111/rain.
•tophe wnsend (Title)
3
EXHIBIT A
SCOPE OF WORK FOR CONSULTING SERVICES Extension
TERM: August 15, 2013 —August 14, 2014
FEE SCHEDULE: $2,083.00 per month (N.T.E. $25,000.00)
SERVICES: Consult in the review, strategy and development of an
action plan to secure a solution to the City of Seal
Beach's sand replenishment issue. These efforts
include, but are not necessarily limited to, the following
services:
• Assist the City of Seal Beach in writing Water
Resources Reform and Development Act
(WRRDA) language to submit under the 113th
Congress;
o TPA will work with the City as well as City
consultants to ensure that the language
is written in a way that will benefit the
City of Seal Beach;
o TPA will work with Congressional
representatives to insert the language
into the final WRRDA bill;
o TPA will work with Congressional and
Senate representatives to secure
support for the WRRDA language;
o TPA will advocate for the inclusion of the
WRRDA language into the bill and will
monitor the bill and the process to
ensure that the language is included.
• Assist the City of Seal Beach in working with the
Army Corp of Engineers to move forward on a
review process of the groin project. This review
will be restricted to the affected area of the
project.
o TPA will assist the City in writing study
resolution language;
o TPA will work with the Environment and
Public Works Committee to pass a
Congressional Resolution directing the
Army Corp to authorize this study;
4
1
o TPA will conduct follow up with the Army
Corp of Engineers as well as additional
federal stakeholders;
o TPA will leverage Congressional and
Senate representatives to ensure that
this study moves forward.
o Provide strategic input and feedback to
the City throughout the above processes
to ensure that we are moving forward in
the most productive way to ensure that
we secure funding for sand
replenishment;
• Work with the Army Corp of Engineers Los
Angeles District Office to develop and maintain
strong relationships.
Client Initials
Consultant Initials
5