HomeMy WebLinkAbout1991-310
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RESOLUTION NO. 91-310
RESOLUTION OF THE CITY OF
EXECUTION OF AN AGREEMENT BY
BERNARDINO AND MICHAEL J. ARNOLD
SAN BERNARDINO AUTHORIZING
AND BETWEEN THE CITY OF
AND ASSOCIATES, INC.
THE
SAN
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 said City an agreement by and between 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referenced agreement is rescinded if the parties to the agreement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
adjourned
Bernardino at an reqular meeting thereof, held on the 3rd
day of
Julv
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
()"Ud.
c'!t\ Clerk
J )\:~'I<.'1-' "'1
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/
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DAB/ses/Arnold.res
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JUly 2, 1991
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RESOLUTION. . . AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
The foregoing
of Julv
'5th
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
DAB/ses/Arnold.res
/1
//
'..;;>
'->--~
2
JUly 2, 1991
Re,s. 91-310
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AGREEMENT
THIS AGREEMENT, made and entered into this 12th
day of July , 1991 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 goes on in City is affected by
legislative actions in Sacramento, and
WHEREAS, as the City continues to grow and expand it is
becoming necessary to assure that the City's interests are
considered by the various legislators in the State's Capital, and
WHEREAS, Consultant asserts that it is ready, willing and
able to provide various services for City in Sacramento including
meeting with Legislators, reporting to the City on the status of
pending legislation and testifying in committee hearings,
NOW THEREFORE, the parties hereto agree as follows:
1. Consultant agrees to:
a. Provide a full range of advocacy services to
influence the outcome of legislative and
administrative actions affecting the interests of
the City.
b. Review all bills introduced in the California
Legislature; inform the City of all legislation
of special interest; and forward copies of all
such bills to the City for review.
c. Serve as the Legislative Representative of San
Bernardino in the State Capitol.
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DAB/ses/Arnold.agr
JUly 2, 1991
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DAB/ses/Arnold.agr
d.
e.
g.
h.
f.
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 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 Ci ties regular "Ci ty
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.
i.
j.
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DAB/ses/Arnold.agr
m.
n.
o.
p.
q.
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the City in meetings
boards, commissions and
Represent
agencies,
bodies.
Research and provide information/recommendations
with state
legislative
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.
Develop strategies to successfully implement the
City's legislative programs.
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.
Conduct regular periodic meetings with City
representatives.
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.
Obtain Council approval before introducing any
legislation on behalf of the City.
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DAB/ses/Arnold.agr
2.
3.
4.
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 acti vi ties 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 shall be
an independent contractor and shall not be considered
as an employee of City.
Any notices 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:
5.
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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
Nothing in this paragraph shall be construed to prohibit the
giving of such notice by personal service.
6. This Agreement shall be governed by the laws of the
State of California.
It constitutes the entire
Agreement between parties regarding its subj ect matter.
If any provision of this Agreement is held by any court
to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force.
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DAB/ses/Arnold.agr 5
July 2, 1991
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AGREEMENT RE: MICHAEL J. ARNOLD AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
ATTEST:
By:a~ ~
~ Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY'~o,. /
./ -
DAB/ses/Arnold.agr
City of San Bernardi
BY.
ARNOLD AND ASSOCIATES,
6
July 2, 1991