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Home My WebLink About28-City Manager c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lori Sassoon, Assistant City Manager Subject: Resolutions authorizing the execution of agreements to jointly fund federal and state representation services by and between the City of San Bernardino, City of San Bernardino Water Department and the Economic Development Agency; and Resolutions authorizing the City Manager to execute Services Agreements with Innovative Federal Strategies, LLC and Platinum Advisors. Dept: City Manager's Office Date: January 3, 3008 Meeting date: January 22, 2008 Synopsis oCPrevious Council Action: State Lobbvist: . Agreements to jointly fund a Services Agreement with Strategic Education Services were approved in December 1999, December 2000, December 200 I, and December 2003. . Agreement to jointly fund a two-year Services Agreement with CWB Consulting was approved in December 2005. Federal Lobbvist . Agreements to jointly fund a two-year Services Agreement with Copeland, Lowery, & Jacquez were approved in February 2002, February 2004, and December 2005. Copeland, Lowery & Jacquez are now Innovative Federal Strategies (IFS). Lel!islative Review Committee . Recommended for approval by LRC on January 9, 2008 Recommended motion: WiL> Adopt resolutions. Signature Contact person: Lori Sassoon Phone: 384-5122 Supporting data attached: Staff report; 4 resolutions; 3 agreements Ward: All FUNDING REQUIREMENTS: Amount: Net cost to the General Fund of $42,500 annually, plus up to 1/3 of misc. expenses ($1,333). Source: (Acct. No.) 001-092-5502 (Acct. Description) General Government! Non Departmental Finance: Council Notes: II~J/)L . , Agenda Item No. J.2 A... tJ c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolutions authorizing the execution of agreements to jointly fund federal and state representation services by and between the City of San Bernardino, City of San Bernardino Water Department and the Economic Development Agency; and Resolutions authorizing the City Manager to execute Services Agreements with Innovative Federal Strategies, LLC and Platinum Advisors. Back2round: The City of San Bernardino has for a number of years retained consultant services to assist with state and federal representation services. Mr. Chuck Bader has represented the City with state matters, and Innovative Federal Strategies (IFS) has represented the City with federal matters. The cost for state representation services is currently shared by the City, EDA, and the Water Department; the cost of federal representation services is shared by the City and EDA only. Chuck Bader's contract expired on December 31, 2007 and the IFS contract will expire on January 31, 2008. In order to select the best consultant to continue to provide these important services, the City Manager's Office issued an RFP for state and federal representation services in November 2007. The City received three responses for state representation services, and five responses for federal services. Exhibits A and B summarize the RFP responses that were received. The proposals were reviewed by a team of staff from the City Manager's Office, the Mayor's Office, EDA, and Water Department. The City Manager's Office contacted client cities to check references. Platinum Advisors was identified as the most appropriate option for providing state representation services. The firm has relevant experience, good references and the proposal was tied for the lowest cost. It is recommend that Platinum be contracted to provide state legislative services to the City for the next three years. Please note that Chuck Bader of CWB Consulting declined to submit a proposal to continue his services. With regard to federal representation services, it is recommended that the City continue to engage IFS to provide federal representation services for another three years. In addition to providing the lowest cost proposal, staff has appreciated the responsiveness and effectiveness of the IFS staff in working with our federal representatives. In recent years, the firm has worked with our representatives to secure important funding. Additionally, informal inquires made with our representatives' offices indicated an excellent working relationship with IFS. The state and federal representation services were discussed during the January 9, 2008 Legislative Review Committee meeting, and the Committee recommended the City retain the services of Platinum and IFS. Subsequent to the LRC meeting, the Water Department's General Manager expressed her interest partnering with the City for federal representation services. The scope of services within the Services Agreement has been changed to accommodate the Water Department, and the corresponding increase in IFS's fee will be paid for by Water. c c c Fiscal Impad: The monthly retainer fee for the services of IFS is $6,250 per month ($75,000 per year). The City and EDA will each be responsible for $1,875 per month and the Water Department will be responsible for $2,500 per month. The total cost is $33,000 a year greater than the cost of the previous agreement, primarily due to the expanded scope of services to specifically address the Water Department, which did not previously participate in the jointly funded Services Agreement for federal representation services. The net cost to the General Fund is $22,500 annually, an increase of$I,500 annually from the previous contract. The monthly retainer fee for the services of Platinum is $5,000. The cost will be shared equally by the City, the Water Department and the Economic Development Agency. The increase is $12,000 per year over the previous state lobbyist. The net cost to the General Fund is $20,000 annually, and increase of$4,000 annually from the previous contract. In addition, ISF shall be reimbursed for out-of-pocket expenses and costs (Le. travel expenses between the City of San Bernardino and Washington, D.C., long-distance telephone calls, express courier fees, and postage), in an amount not-to-exceed a total of $2,500 annually. Platinum will be reimbursed for similar expenses and travel between the City of San Bernardino and Sacramento, CA, in an amount not to exceed, $1,500 per year. These reimbursements are to be paid equally by the City, EDA and Water Department. All City costs have been included in the approved FY 2007-08 budget in Account No. 001-092- 5502. Recommendation: Adopt resolutions. c c c -< rIl ~ CJ .... ~ ~ 00 1:1 = .... ...... = ...... 1:1 ~ rIl ~ ~ ~ ~ ...... = ...... 00 .... .- .t:l ~ ~ -"0 ~ a g C ~o :E i- o e tl u 'c .~ ~-8 g!l.,g .~ ~ ~ :.::u- ~ ~ 00 ""'''''' ::0.. 00.... 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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 PLATINUM ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and Community Development Commission of the City of San Bernardino, to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as through fully set forth and 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 oftms resolution. III III III III III III III 27 III 28 ;l (/ If- 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 PLATINUM ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Approved as to Form: I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: Commission: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2008. Patrick J. Morris, Mayor City of San Bernardino 24 25 26 27 28 JAMES F. PENMAN, ~~~ ~"~II alfUkJ 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 III 27 III 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF PLATINUM ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Chairperson of the Community Development Commission of the City of San Bernardino or his designee is hereby authorized and directed to execute on behalf of said Agency an Agreement by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino to jointly fund the consulting services Platinum Advisors and Innovative Federal Strategies, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as through fully set forth and 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. III III III III III 02~t3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2008. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF PLATINUM ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: Commission: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 21 22 23 Approved as to 24 Form and legal content: By: \~#11 Agency ctwO'ei Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino 25 26 27 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 Exhibit A AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this _ day of , 2008, by and between the City of San Bernardino ("City"), the City of San Bernardino Municipal Water Department, by and through its Board of Water Commissioners ("Water Department"), and the Redevelopment Agency of the City of San Bernardino ("AGENCY"), individually, "Party," collectively "Parties". RECITALS This agreement is made with reference to the following: I. 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 Sacramento, CA, for the purposes of working with City officials to develop a legislative agenda that promotes the goals and objectives of the City of San Bernardino, the City of San Bernardino Water Department, and the Redevelopment Agency; monitoring and providing information regarding legislation under consideration by the California Legislature, including tracking items concerning the state budget; and representing the City before specified state agencies, boards and commissions. 2. 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 City of San Bernardino, the City of San Bernardino Water Department, and the Redevelopment Agency; and to serve as advocate for the Parties in connection with all relevant Federal activities. 3. The City has retained the firms of Platinum Advisors and Innovative Federal Strategies, and the Parties desire to share in the costs of said Consultants. 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 NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: SECTION 1. TERM OF AGREEMENT. This Agreement shall be for a period of three (3) years, commencing on February 1,2008, and terminating on January 31, 2011, unless otherwise extended by Parties. This Agreement may be terminated by any Party giving thirty (30) days written notice prior to the end of the term, to the other Parties. SECTION 2. COMPENSATION AND METHOD OF PAYMENT. Compensation to Platinum Advisors is agreed to be sixty thousand ($60,000) per year. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed one-third from the AGENCY and one-third from the Water Department, in arrears. Compensation to Innovative Federal Strategies is agreed to be seventy five thousand ($75,000) per year. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed $1,875 per month from the AGENCY and $2,500 per month from the Water Department, in arrears. When specific project assignments are given by the City Manager of the City of San Bernardino, the General Manager of the Water Department, or the Executive Director of the Redevelopment Agency, which go beyond the scope of the regular services ofthe Consultants, payment for out-of-pocket expenses and costs shall be wholly the responsibility of the Party making said assignments. SECTION 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: City Manager's Office City of San Bernardino 300 North D. Street San Bernardino, CA 924 18 III III 1 2 3 4 5 6 7 To the Water Department: To the Redevelopment Agency: General Manager City of San Bernardino Municipal Water Department P. O. Box 710 San Bernardino, CA 92402 Executive Director Economic Development Agency City of San Bernardino 20 I North E Street, 3rd Floor San Bernardino, CA 92401 8 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 9 service. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III III III III III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 By: 16 AQIlEEMEJIII"I'8.101N11.. Y FUND CONSUL TING SERVICES SIIee lIJld 'edenl ~tation Services IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: By: ATTEST: By: ATTEST: 17 18 19 20 By: 21 City Clerk Robin 1. Ohama Secretary Assistant Secretary CITY OF SAN BERNARDINO By: Fred Wilson, City Manager CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS By: Toni Callicott, President REDEVELOPMENT AGENCY By: Patrick J. Morris, Chairperson APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGAL CONTENT: 22 23 24 25 26 27 28 Jame . Penman City A orney BY:~~ Agenc 0 sel 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 NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANANGER TO EXECUTE A SERVICES AGREEMENT WITH PLATINUM ADVISORS FOR STATE REPRESENTATION SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Services Agreement with Platinum Advisors regarding State 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. III III III III III III III III III III J.8 III C 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANANGER TO EXECUTE A SERVICES AGREEMENT WITH PLATINUM ADVISORS FOR STATE REPRESENTATION SERVICES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , 2008, by the following vote, to wit: _ day of ABSTAIN ABSENT Council Members: AYES NAYS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2008. Patrick 1. Morris, Mayor City of San Bernardino Approved as to Form: JAMES F. PENMAN, City Atto}l'ley I(J/~ By: k/tJ/fliuJ /, . .. .. . ExltilJit A 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 SERVICES AGREEMENT THIS AGREEMENT is entered into this day of ~ 2008, by and between Platinum Advisors, ("CONSULTANT"), and the CITY OF SAN BERNARDINO, a charter city ("CITY"). 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 State 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 cities in California; and WHEREAS, CONSULTANT possesses the professional skills and ability to provide legislative services for the CITY; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties hereto agree as follows: SECTION 1: STATE REPRESENTATIVE SERVICES. CONSULTANT shall provide professional services to CITY as follows: A. CONSULTANT shall advise, counsel and represent the CITY, the City of San Bernardino Water Department, and Economic Development Agency with, principally, but not limited to its affairs with the Legislative and Executive Branches of the State Government. B. CONSULTANT agrees to promote and represent the best interest the CITY by acting as a liaison between the CITY and member of the Senate and Assembly and other State agencies and State Officials. In this capacity, CONSULTANT will be responsible for, but is not limited to, identifying and pursuing State funding programs for the CITY programs; and I 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 working with CITY officials to develop strategies to minimize or prevent reduction to local government revenues. C. CONSULTANT shall monitor and provide information regarding legislation under consideration by the California Legislature, including tracking items concerning the state budget. D. CONSULTANT shall testify before committees of the California State Senate and Assembly. Such testimony will be given only upon prior written approval of the City Manager or his/her designee. E. CONSULT ANT shall represent the CITY before specified state agencies, boards and commissions. SECTION 2: REPORTING. A. CONSULTANT shall provide monthly legislative update reports on significant California legislation and budget issues pertinent to CITY officials. SECTION 3: TERM AND COMPENSATION. The term of this Agreement shall be for three (3) years, beginning February I, 2008, and terminating on January 31, 20 II. This Agreement may be terminated at any time by thirty (30) days written notice by either party . A. For services provided pursuant to this Agreement, CONSULTANT shall be paid $5,000 per month of the Agreement, for an amount not to exceed $60,000 per year. CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears. The fee for services will cover all basic expenses incurred in Sacramento by the CONSULTANT on behalf of the CITY. CITY retains the right to challenge all or any part of an invoice. B. The CITY will be billed on a monthly basis for out-of-pocket expenses and costs incurred by CONSULTANT in the course of providing services to CITY pursuant to this 2 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 Agreement, not to exceed $1,500 annually. No other expenditures made by CONSULTANT shall be reimbursed by CITY without the prior written approval of the City Manager. C. Financial records shall be maintained in accordance with generally accepted accounting principles by CONSULTANT in such a manner as to permit CITY to easily trace the expenditure of funds. All books and records of CONSULTANT are to be kept open for inspection at any time during the business day by the CITY or its officers or agents. Failure to submit the financial records in accordance with this section will result in the CONSULTANT reimbursing the CITY in the full amount received by CONSULTANT. SECTION 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 fees) 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 sole 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 sole 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. SECTION 5: INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and professional liability insurance, in the amount of $1,000,000.00 combined single limit, and 3 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 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 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. SECTION 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, age, color, religion, sex, physical disability, medical condition, marital status, sexual orientation, ethnic background or country of origin, or any other status protected by law. SECTION 7: INDEPENDENT CONSULTANT. CONSULTANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT shall be an independent CONSULTANT and not an agent or employee of the CITY. SECTION 8: NOTICES. 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: Office of the City Manager 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 TO THE CONSULTANT: Platinum Advisors Attn: Darius Anderson 1215 K Street Suite 11 50 Sacramento, CA 95814 III III 4 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 SECTION 9: ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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. SECTION 10: ASSIGNMENT. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this agreement. SECTION 11: GOVERNING LAW. This guarantee shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. SECTION 12: VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 5 1 2 3 4 5 6 7 8 9 10 DATE: SERVICES AGREEMENT State Representation Services - Platinum Advisors IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be execuled as of the date first written above. DATE: CITY OF SAN BERNARDINO By: Fred Wilson, City Manager CONSULTANT 11 12 13 14 15 By: Approved as to Form: Attest: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk 16 17 18 19 20 III 21 l}~II(M61U By: By: III 22 III 23 III 24 III 25 26 27 III 28 III III 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT WITH INNOVATIVE FEDERAL STRATEGIES, LLC FOR FEDERAL REPRESENTATION SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Services Agreement with Innovative Federal Strategies, LLC, for 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. III III III III 19 20 21 22 III 23 24 25 III 26 III 27 III 28 III III III JY[) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EnCUTE A SERVICES AGREEMENT WITH INNOVATIVE FEDERAL STRATEGIES, LLC 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 a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution is hereby approved this 2008. 22 23 Approved as to Form: 24 25 Patrick J. Morris, Mayor City of San Bernardino JAMES F. PENMAN, 26 ~~~ AIWIr~ 1/ (Y~ 27 28 Exhibit A 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 SERVICES AGREEMENT THIS AGREEMENT is entered into this day of January 2008, by and between Innovative Federal Strategies, LLC, ("CONSULTANT"), and the CITY OF SAN BERNARDINO, a charter city ("CITY"). 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 Legislati"e 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 cities in California; and WHEREAS, CONSULTANT possesses the professional skills and ability to provide legislative services for the CITY; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties hereto agree as follows: SECTION 1: FEDERAL REPRESENTATIVE SERVICES. CONSULTANT shall provide professional services to CITY, City of San Bernardino Water Department, and Economic Development Agency as follows: A. CONSULTANT shall advise, counsel and represent the CITY, City of San Bernardino Water Department, and Economic Development with, principally, but not limited to its affairs with the Legislative and Executive Branches of the Federal Government. B. CONSULTANT agrees to promote and represent the best interest the CITY, City of San Bernardino Water Department, and Economic Development by acting as a liaison between the CITY and members Congress, Congressional committees and staff, the Executive I 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 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 Branch and other federal officials. In this capacity, CONSULTANT will be responsible for, but is not limited to, identifying federal funding programs for the CITY, City of San Bernardino Water Department, and Economic Development Agency. C. CONSULTANT shall notify CITY of legislation, reports, hearing testimony, and/or relevant regulatory activities that will impact its program and operations. D. CONSULTANT shall assist CITY in identifying opportunities for federal grants and assist with CITY's efforts to pursue such grants. SECTION 2: MANAGEMENT AND REPORTING. A. CONSULTANT shall provide monthly legislative update reports on significant federal legislation and budget issues pertinent to CITY, City of San Bernardino Water Department, and Economic Development Agency officials. SECTION 3: TERM AND COMPENSATION. The term of this Agreement shall be for three (3) years, beginning February 1, 2008, and terminating on January 31, 20ll. This Agreement may be terminated at any time by thirty (30) days written notice by either party. A. For services provided pursuant to this Agreement, CONSULTANT shall be paid $6,250 per month of the Agreement, for an amount not to exceed $75,000 per year. CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears. The fee for services will cover all basic expenses incurred by the CONSULTANT on behalf of the CITY. CITY retains the right to challenge all or any part of an invoice. B. The CITY will be billed on a monthly basis for out-of-pocket expenses and costs incurred by CONSULTANT in the course of providing services to CITY pursuant to this Agreement, not to exceed $2,500 annually. No other expenditures made by CONSULTANT shall be reimbursed by CITY without the prior written approval of the City Manager. 2 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 C. Financial records shall be maintained in accordance with generally accepted accounting principles by CONSULTANT in such a manner as to permit CITY to easily trace the expenditure of funds. All books and records of CONSULTANT are to be kept open for inspection at any time during the business day by the CITY or its officers or agents. Failure to submit the financial records in accordance with this section will result in the CONSULTANT reimbursing the CITY in the full amount received by CONSULTANT. D. No other expenditures made by CONSULTANT shall be reimbursed by CITY. SECTION 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 fees) 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 sole 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 sole 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. SECTION 5: INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, CONSULT ANT shall maintain in effect policies of comprehensive public, general and professional 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 3 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set 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 III 27 III forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. SECTION 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, age, color, religion, sex, physical disability, medical condition, marital status, sexual orientation, ethnic background or country of origin, or any other status protected by law SECTION 7: INDEPENDENT CONSULTANT. CONSULTANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT shall be an independent CONSULTANT and not an agent or employee of the CITY. SECTION 8: NOTICES. 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: Office of the City Manager 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 Innovative Federal Strategies LLC Attn: Letitia H. White 525 Ninth Street, NW Suite 800 Washington, DC 20004 TO THE CONSULTANT: 28 4 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 SECTION 9: ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 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. SECTION 10: ASSIGNMENT. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assigrunent, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this agreement. SECTION 11: GOVERNING LAW. This guarantee shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts oflaw. SECTION 12: VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 5 SERVICES AGREEMENT Federal Representation Services - Innovative Federal Strategies IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date first written above. DATE: CITY OF SAN BERNARDINO By: Fred Wilson, City Manager DATE: CONSULTANT By: Approved as to Form: Attest: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk By: III :!/6WjItu //(211240 By: III III III III III III III 6