HomeMy WebLinkAbout1993-430
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RESOLUTION NO.
93-430
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized and directed
7 to execute on behalf of said city an agreement by and between
8 the City of San Bernardino and Michael J. Arnold and
Associates, Inc.
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referenced agreement is rescinded if the parties to the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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a requ1ar
meeting thereof, held on the 15th
day of November
, 1993, by the following vote, to-wit:
Council Members:
AYES
NAYES
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
~A-~C~
CitrClerk
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93-430
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1
RESOLUTION...AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
2 BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
The foregoing resolution is hereby approved this
\ 'C,-\-,,,,- day of ""',,,.mher , 1993.
,
\
-Z-",:>y/) // / c//
'l/ . . ( . _, Lt." .c ~_
OM MINOR, MAYOR
city of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
CITY ATTORNEY
~-~/
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Res. 93':'430
Original
AGREEMENT
THIS AGREEMENT, made and entered into this ~() +h , day of
. ~ \
}. ',',<.l '2.\'\\ \ Ie Xl ,
1993, by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation ("city") and MICHAEL J.
ARNOLD and ASSOCIATES, INC., a California Corporation
("Consultant"):
WITNESSETH:
WHEREAS, much of what qoes on in the city is affected by
leqislative actions in Sacramento, and
WHEREAS, as the city continues to qrow and expand, it is
becominq necessary to assure that the City's interests are
considered by the various leqislators in the State Capitol,
and
WHEREAS, Consultant asserts that it is ready, willinq and
able to provide various services for City in Sacramento,
includinq meetinq with Leqislators, reportinq to the City on
the status of pendinq leqislation and testifyinq in committee
hearinqs,
NOW, THEREFORE, the parties hereto aqree as follows:
L
Consultant aqrees to:
a.
Provide a full ranqe of advocacy services to
influence the outcome of leqislative and
administrative actions affectinq the interests
of the City.
b.
Review all bills introduced in the California
Leqislature:
inform
City
the
of
all
leqislation of special interest: and forward
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g.
h.
j.
c.
copies of all such bills to the city for
review.
Serve as the Legislative Representative of San
Bernardino in the State Capitol.
Provide information and data pertaining to
various state issues and proqrams of interest
to the City.
Provide conflict-free representation for the
City. Consultant will represent no client
with conflicting positions while under
contract with the City.
Perform the services outlined in this
Agreement under the direction of the City
Administrator.
Perform long term and short term work
assignments pursuant to directives from the
City.
Attend League of cities regular "City
Representative" briefings.
Track legislation on which the City has taken
a position. Provide periodic reports to the
city as desired.
Prepare periodic reports to the city which
summarize the consultant's activities on
behalf of the City and which offer useful
information on Sacramento legislative
activity.
d.
e.
f.
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93-430
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k. Arrange and coordinate meetings with
legislators for City staff and elected
officials when necessary and be prepared to
participate as required.
1. Lobby on behalf of city-sponsored legislation
and on specific bills directed by the city.
m. Represent the City in meetings with state
agencies, boards, commissions and legislative
bodies.
n. Research and provide information and
recommendations on:
1) state agency and department regulations,
guidelines, directives and other
instruments of administrative policy.
2) Funding opportunities for proposed city
projects.
3) Technical memoranda and reports impacting
City operations.
o. Develop strategies to successfully implement
the city's legislative programs.
p. Meet with City representatives early during
the contract term and participate in the
development of a comprehensive plan for
representation of the City during the term of
the Agreement.
q. Conduct regular periodic meetings with city
representatives.
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4.
2.
r. Maintain insurance sufficient to hold the City
harmless from all claims such as, but not
limited to, worker's compensation, employer
liability, damage to property, personal injury
liability and products liability.
s. Obtain Council approval before introducing any
legislation on behalf of the City.
City agrees to:
a. Review and analyze all bills forwarded by
Consultant and inform Consultant of City's
position, if any.
b. Compensate Consultant in the amount of
$3,000.00 per month, payable in advance, on
the first day of each month.
c. Reimburse Consultant for expenses incurred in
connection with activities directly related to
representation of the interests of the City
and reimburse Consultant for travel and other
expenses directly related to participation in
meetings outside the City of Sacramento.
Mileage reimbursement to be at the rate of 25
cents per mile.
This Agreement shall commence on the date first
shown above and shall continue in full force for
one year. This Agreement may be terminated by
either party upon a thirty (30) day written notice.
For all purposes of this Agreement, Consultant
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5.
shall be an independent contractor and shall not be
considered as an employee of the city.
Any notices to be provided from one party to the
other under this Agreement shall be deposited with
the united Postal Service, postaqe prepared and
addressed as follows:
TO THE CITY:
TO CONSULTANT:
City Administrator
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Michael J. Arnold and
Associates, Inc.
1127 Eleventh Street, #820
Sacramento, CA 95814
Nothinq in this paraqraph shall be construed to prohibit
the qivinq of such notice by personal service.
6.
This Agreement shall be qoverned by the laws of the
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State of California.
It constitutes the entire
Aqreement between parties reqardinq its subj ect
matter. If any provision of this Aqreement is held
by any court to be invalid, void or unenforceable,
the
remaininq provisions
shall
nevertheless
continue in full force.
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93-430
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AGREEMENT RE: MICHAEL J. ARNOLD AND ASSOCIATES, INC.
. .
,
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this day and date first above shown.
City of San Bernardino
~~ ,)Jl~/l
Tom Minor, Mayor
NOV 2 9 1993
MICHAEL J. ARNOLD & ASSOC., INC.
a~eL
15 ATTEST:
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By: (' -,;; P. tj....1./L e J.Al ,"ie,
c~clerk
19 APPROVED as to form
and legal content:
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JAMES F. PENMAN,
city Attorney
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