HomeMy WebLinkAbout2005-396
NOTE: SEE COMPANION RESO NOS. 2005-395 & CDC/2005-43
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RESOLUTION NO. 2005-396
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH COPELAND, LOWERY, JACQUEZ, DENTON, & WHITE FOR
FEDERAL REPRESENT A TION SERVICES.
WHEREAS, Chapter 3.04.010 of the San Bernardino Municipal Code exempts
purchases approved by the Mayor and Common Council from the requirements of the City's
purchasing system; and
WHEREAS, the Mayor and Common Council find that it is in the best interests of the
City of San Bernardino to retain Copeland, Lowery, Jacquez, Denton, & White;
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 with Copeland, Lowery, Jacquez,
Denton, & White regarding Federal Representation Services, 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH COPELAND, LOWERY, JACQUEZ, DENTON, & WHITE FOR
FEDERAL REPRESENTATION SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj t. reguMleting thereof, held on the
5th day of December ,2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
~
x
KELLEY
JOHNSON
x
x
MC CAMMACK
~~tf4I ~ f?teli-
City Clerk
']#>
day of j).cembf'r ,
The foregoing resolution is hereby approved this
2005.
J ith Valles, Mayor
Ity of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
Ci?f. orney - ;']
By: ..'1-yv.. 7- - {~
2005-396
ORIG1NAL
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SERVICES AGREEMENT
This Agreement is entered into this 1f.t day of December 2005, by and between
Copeland, Lowery, Jacquez, Denton, & White ("CLJDW" 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
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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.
d. Assist CITY in identifying opportunities for federal grants and assist with
CITY's efforts to pursue such grants.
2. COMPENSATION AND EXPENSES.
a. For the service delineated above, CITY shall pay the CONSULT ANT
$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
CONSUL T 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
1, 2006, and terminating on January 31, 2008, 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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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.
CITY shall be set forth as an additional named insured in each policy of insurance provided
hereunder. The Certificate ofInsurance furnished to the CITY shall require the insurer to
notify CITY of any change or termination in the policy.
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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.
12 Any notice to be given pursuant to this Agreement shall be deposited with the United
13 Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE CONSULTANT:
Letitia White
Copeland Lowery Jacquez Denton & White
525 Ninth Street, NW
Suite 800
Washington, D.C. 20004
Facsimile (202) 347-5941
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SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date:fr.tv ?O ,2005
Copeland, Lowery, Jacquez, Denton,
& White
BY:~:I~ /;1 /dA
\.../'"
Date: ])Ce-mber 7,2006
By:
/.~
ith Valles, Mayor
ATTEST:
~ll f!ivL ~ ~
~:c~e~c~ [1r~ ~{fiL
~~ROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
B. ~ 2.1.~.
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