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HomeMy WebLinkAbout2004-007a 1 2 3 4 5 d 11 12 13 14 15 17 18 19 20 21 22 23 25 26 27 28 RESOLUTION NO. 2004-7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino, a copy of which is attached hereto, marked "Exhibit A", and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 2004-7 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 21 22 23 24 25 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg meeting thereof, held on the 20thday of January , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x City Clerk J The foregoing resolution is hereby approved this o'2.3 day of January 2004. Susan Longville, Mayor Pro Tem City of San Bernardino Approved as to Form and legal content: JAI Cit, By: 2004-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this 20th day of January , 2004, by and between the City of San Bernardino ("City"), and the Community Development Commission of the City of San Bernardino ("EDA"). RECITALS This agreement is made with reference to the following: 1. The parties have determined that it is advantageous to and in the best interest of the Parties to engage a professional consultant for representation in Washington, D.C., for the purposes of pursuing the obtaining of individual Federal grants; for monitoring and interpreting Federal statutes and regulations affecting the Parties; and to serve as advocate for the Parties in connection with all relevant Federal activities. 2. Pursuant to an informal understanding between the Parties, the City has retained the firm of Copeland, Lowery, Jacquez, Denton, & Shockey. 3. The Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on February 1, 2004, and terminating on January 31, 2006, unless otherwise extended by both Parties. This Contract may be terminated at any time by either Party giving thirty (30) days written notice prior to the end of the term, to the other Party. 2. COMPENSATION AND METHOD OF PAYMENT. Compensation to Copeland, Lowery, Jacquez, Denton, & Shockey is agreed to be Forty-two Thousand Dollars ($42,000) per year. Such compensation shall be paid by the City according to the following schedule: 1 2004-7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES The first month's payment of Three Thousand Five Hundred ($3,500) to accompany this agreement. Thereafter, payment shall be made at the rate of Three Thousand Five Hundred Dollars ($3,500) per month, and reimbursement shall be made to the City by EDA, for one-half the amount so paid, in arrears. The maximum net amount to be paid by either Party shall not exceed Twenty-one Thousand Dollars annually, plus one-half of all out-of-pocket expenses and costs, as described in this paragraph. Copeland, Lowery, Jacquez, Denton, & Shockey shall be reimbursed for out-of-pocket expenses and costs , including travel between the City of San Bernardino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bernardino's behalf, up to a maximum of $2,500 annually. Copeland, Lowery, Jacquez, Denton, & Shockey shall bill City of San Bernardino monthly for such expenses. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed one-half from the EDA, in arrears. When specific project assignments are given by the Mayor of the City of San Bernardino, or the Executive Director of the Redevelopment Agency, which go beyond the scope of the regular services of the Consultant (a copy of the Professional Consulting agreement setting forth the regular services is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in its entirety) payment for out-of-pocket expenses and costs shall be wholly the responsibility of the Party making said assignments. Notices given pursuant to this Agreement shall be in writing and deposited with the United States Postal Service postage prepaid and addressed as follows: To the City Mayor City of San Bernardino 300 North D. Street San Bernardino, CA 92418 T 2004-7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 211 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES To the Community Development Commission: Executive Director Economic Development Agency City of San Bernardino 201 North E Street, 3`d Floor San Bernardino, CA 92401 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: By..�G1Mt� Pl�trY� d� City Clerk ATTEST: By: f� ) Maggie Pacheco Assistant Secretary APPROVED AS TO FORM AND LEGAL CONTENT: M James F. Penman City Attorney CITY OF SAN BERNA,INO Susan Longville, Mayor Pro Tem COMM�ITY DE LOP�ENT COMMIS N ./l By: Gary an Osdell, Ex6cutive Director 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 1 21 22 23 24 27 4.1 SERVICES AGREEMENT This Agreement is entered into this I s` day of February 2004, by and between Copeland, Lowery, Jacquez, Denton, & Shockey ("CLJDS" or "CONSULTANT") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the City of San Bernardino to engage a professional consultant for representation on Federal Legislative matters; and WHEREAS, the CITY desires to retain the services of the CONSULTANT for the purpose of providing legislative advocacy and governmental affairs in matters affecting this City; and WHEREAS, CONSULTANT possesses the professional skills and ability to provide legislative services for the CITY. NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated, the CONSULTANT shall provide the following professional services: a. Advise, counsel and represent San Bernardino with, principally, but not limited to its affairs with the Legislative and Executive Branches of the Federal Government. CONSULTANT agrees to promote and represent the best interests of San Bernardino by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executive Branch and other 1 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICES AGREEMENT federal officials. In this capacity, CONSULTANT will be responsible for, but is not limited to providing San Bernardino with a federal legislative action agenda to be used as a basis for all federal funding requests; and identifying and pursuing federal funding programs for San Bernardino programs. b. Notify CITY of legislation, reports, hearing testimony, and/or relevant regulatory activities that will impact its program and operations. C. Provide monthly legislative update reports on significant federal legislation and budget issues pertinent to CITY officials. 2. COMPENSATION AND EXPENSES. a. For the service delineated above, CITY shall pay the CONSULTANT $42,000.00 annually, for two years, payable in twenty-four (24) monthly installments of $3,500.00. The fee for services will cover all basic expenses incurred by the CONSULTANT on behalf of the CITY. b. Upon prior written approval of the Mayor, the CITY shall reimburse CONSULTANT for pre -approved travel expenses incurred, not to exceed $2,500 annually. No other expenditures made by CONTRACTOR shall be reimbursed by CITY without the prior written approval of the Mayor. 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of two years, commencing on February 1, 2004, and terminating on January 31, 2006, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by 2 Exhibit "A" 2 3 4 5 6 7 8 9 10 11 14 15 17 21 22 23 24 SERVICES AGREEMENT either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. INDEMNITY. CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fee) arising out of or related to CITY'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONSULTANT'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Management Division prior to undertaking any work under this Agreement. Exhibit "A" 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 231 SERVICES AGREEMENT CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. NO EMPLOYMENT. CONSULTANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. 8. Notices. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE CONSULTANT City Administrator's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 Jeffery Shockey Copeland Lowery Jacquez Denton & Shockey 1341 G Street, NW Suite 200 Washington, D.C. 20005 Facsimile (202) 347-5941 4 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 211 22 23 SERVICES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: \ 12004 Copeland, Lowery, Jacquez, Denton, & Shockey By: i Date: %� 2004 City of Sa e ��rdino�� Susan Longville, Mayor Pro Tem ATTEST: R c el Cla k, Cjty Cler - ( d l� APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney By: /// 24 / 25 26 27 28 5 Exhibit "A"