HomeMy WebLinkAbout2002-044
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(See Companion Resolution 2002-43. CDC/2002-7)
RESOLUTION NO. 2002-44
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 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINOo
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 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 20 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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.
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2002-44
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 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 to regrneeting thereof, held on the
4 th day of February, 2002 by the following vote, to wit:
The foregoing resolution is hereby approved this ... (Pi day of February,
2002. (j~
~dith Valles, Mayor
c;<;tity of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Ar:.: ~
By: Y-
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2002-44
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This agreement is entered into this ~ day of February, 2002, 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.
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 1,2002, and terminating on January 31, 2004, unless otherwise
extended by both Parties. This Contract may be terminated by either Party giving thirty (30)
days written notice prior to the end of the term, to the other Party.
2. COMPENSA nON AND METHOD OF PAYMENT. Compensation to Copeland,
Lowery, & Jacquez 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: The first month's
payment of Three Thousand Seven Hundred Fifty ($3,500) to accompany this agreement.
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2002-44
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
Thereafter, payment shall be made at the rate of Three Thousand Seven Hundred Fifty 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 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
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 assigrnnents 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 assigrnnents.
3.
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
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2002-44
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: ,~C~~~_ j; C-l..~,-
Ci y Clerk
~?NG~
Maggie Pacheco
Assistant Secretary
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
ames F. Penman
City Attorney
By:
CO
CO
By:
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2002-44
SERVICES AGREEMENT
This Agreement is entered into this 1st day of February 2002, by and between
Copeland, Lowery, & Jacquez ("CLJ" 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:
1. SCOPE OF SERVICESo
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
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Exhibit "An
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2002-44
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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 behalfofthe CITY.
b. Upon prior written approval of the Mayor, the CITY shall reimburse
CONSULT ANT 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
I, 2002, and terminating on January 31, 2004, 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
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Exhibit "Ail
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2002-44
SERVICES AGREEMENT
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration ofthis contract may be extended with the written consent of both parties.
4. INDEMNITYo
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 oforrelated 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 CONSULT ANT, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to CONSULT ANT'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.
50 INSURANCEo
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$l,OOO,OOO.OO combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
forth as an additional named insured in each policy of insurance provided hereunder. The
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Exhibit "A"
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2002-44
SERVICES AGREEMENT
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,
CONSULT ANT 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 CONSULT ANT shall be an independent contractor and not an agent or employee
of the CITY.
8. N oticeso
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:
Mayor's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5067
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Jeffery Shockey
Copeland Lowery & Jacquez
1341 G Street, NW
Suite 200
Washington, D,C. 20005
Facsimile (202) 347-5941
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Exhibit "An
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2002-44
SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date: February ,2002
Date: February ,2002
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
By:
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Copeland, Lowery, & Jaquez
By:
City of San Bernardino
By:
Judith Valles, Mayor
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Exhibit "An