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HomeMy WebLinkAbout1992-371 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. 92-371 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC. RELATING TO ADVOCACY SERVICES IN CONNECTION WITH LEGISLATIVE ACTIONS IN SACRAMENTO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of the city an agreement by and between the City of San Bernardino and Michael J. Arnold and Associates, Inc. to provide advocacy services in connection with legislative actions in Sacramento. 11 SECTION 2. The authorization to execute the above-referenced 12 agreement is rescinded if the parties to the agreement fail to 13 execute it within sixty (60) days of the passage of this 14 resolution. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino at a regular meeting thereof, held on the 18 19 20 21 22 23 24 25 26 27 28 8th , 1992, by the following vote, to wit: day of September Councilmembers AYES NAYS ABSTAIN ABSENT ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X 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 RESOLUTION... AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC., RELATING TO ADVOCACY SERVICES IN CONNECTION WITH LEGISLATIVE ACTIONS IN SACRAMENTO. of The foregoing resolution ~)(i~-\::Q^rI\~'L ,1992. /f?.a elw Q ~ a)J 11 J.ll--- City Clerk U) 9rxfo y) C{liL!YLJ tLL;;tiJJ 1efu.hi is hereby approved this .I\~~ day ~7 Valer1 ope-Ludlam, Mayor Pro Tempore City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ~~/ Res. No. 92-371 adopted 9/8/92 1 AGREEMENT 2 THIS AGREEMENT, made and entered into this 29th day of 3 September 1992 by and between the CITY OF SAN BERNARDINO, , 4 a Municipal corporation ("City) and MICHAEL J. ARNOLD and 5 ASSOCIATES, INC. , a California Corporation ("Consultant"): 6 WITNESSETH: 7 WHEREAS, much of what goes on in the City is affected by 8 legislative actions in Sacramento, and 9 WHEREAS, as the City continues to grow and expand, it is 10 'becoming necessary to assure that the City's interests are 11 considered by the various legislators in the State's Capital, and 12 WHEREAS, Consultant asserts that it is ready, willing and able 13 to provide various services for the City in Sacramento including 14 meeting with Legislators, reporting to the city on the status of 15 pending legislation and testifying in committee hearings, 16 NOW THEREFORE, the parties hereto agree as follows: 17 1. Consultant agrees to: 18 a. Provide a full range of advocacy services to 19 influence the outcome of legislative and 20 administrative actions affecting the interests of 21 the city. 22 b. Review all bills introduced in the California 23 Legislature, inform the City of all legislation of 24 special interest; and forward copies of all such 25 bills to the City for review. 26 c. Serve as the Legislative Representative of San 27 Bernardino in the State Capitol. 28 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 g. h. j. k. 1. m. d. Provide information and data pertaining to various state issues and programs 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 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. Arrange and coordinate meetings with legislators for City staff and elected officials when necessary and be prepared to participate as required. Lobby on behalf of City-sponsored legislation and on specific bills as directed by the City. Represent the City in meetings with state agencies, boards, commissions and legislative bodies. e. f. i. Research and provide information/recommendations on: 1 2 :I 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 2. 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. n. Develop strategies to successfully implement the City's legislative programs. o. 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. p. Conduct regular periodic meetings with City representatives. q. 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. r. 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 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 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. 3. 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. 4. For all purposes of this Agreement, Consultant shall be an independent contractor and shall not be considered as an employee of City. 5. Any notice to be provided from one party to the other under this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO CONSULTANT: city Administrator city of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Michael J. Arnold and Associates, Inc. 1127 Eleventh Street suite 820 Sacramento, CA 95814 26 Nothing in this paragraph shall be construed to prohibit the 27 iving of such notice by personal service. 28 . Res. 92-371 adopted 9/8/92 1 2 3 4 6. This Agreement shall be governed by the laws of the state of California. It constitutes the entire Agreement between parties regarding its subject matter. If any provision of this Agreement is held by any court to be 5 invalid, void or unenforceable, the remaining provisions 6 shall nevertheless continue in full force. 7 IN WITNESS WHEREOF, the parties hereto have executed this 8 Agreement on the day and date first above ;' 9 10 11 12 13 14 15 MICHAEL J. ARNOLD AND ASSOCIATES, INC. ~/ "" ,/JL (-~- ATTEST: ~