HomeMy WebLinkAbout2008-029
(Companion Resolutions 2008-28, 2008-30 & CDC/2008-1)
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RESOLUTION NO. 2008-29
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MAN ANGER TO EXECUTE A
SERVICES AGREEMENT WITH PLATINUM ADVISORS FOR STATE
REPRESENT A TION SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
22nd day of January
, 2008, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
BAXTER
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BRINKER
DERRY
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KELLEY
JOHNSON
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MCCAMMACK
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Q,~. /~. tud
CitjClerk
The foregoing resolution is hereby approved this c::2.11"'" clay of TRnllRry
2008.
~;
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorey I //1
By: !1"I[Xr/&l! Ui bird
2008-29
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Exhibit A
SERVICES AGREEMENT
THIS AGREEMENT is entered into this 22nd day of January 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 I: 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
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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. CONSULTANT 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 1,2008, and terminating on January 31, 2011.
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 lllVOlce.
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
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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
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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,
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
TO THE CONSULTANT:
Platinum Advisors
AUn: Darius Anderson
1215 K Street
Suite 1150
Sacramento, CA 95814
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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.
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10 DATE: J( IJ.-I 02
SERVICES AGREEMENT
State Representation Services - Platinum Advisors
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of
the date first written above.
DATE()ULtu)! ~ J; ~(k",f
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Approved as to Form:
Attest:
JAMES F. PENMAN,
City Attorney
RACHEL CLARK
City Clerk
By:
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