HomeMy WebLinkAbout08-City Manager ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Charles McNeely, City Manager Subject: Resolutions authorizing the
execution of agreements to jointly fund
Prepared by: Dio Shipp, M II Federal and State representation services by
and between the City of San Bernardino,
City of San Bernardino Water Department
Dept: City Manager's Office and Economic Development Agency; and
Resolutions authorizing the City Manager to
Date January 27, 2011 execute Service Agreements with Innovative
Federal Strategies, LLC and Platinum
Advisors.
Meeting Date: February 7, 2011
Synopsis of Previous Council Action
January 22, 2008 — Approved agreements for the City of San Bernardino, the Water Department,
and EDA to jointly fund Federal and State representation services through January 31, 2011.
January 22, 2008- authorized three-year contracts for Innovative Federal Strategies, LLC and
Platinum Advisors for Federal and State representation services.
Recommended Motion:
1) Adopt Resolutions; .
Signature ry
Contact Person: Dio Shipp Phone: 384-5122
Supporting Data Attached: Staff Report, 4 Resolutions, 3 Agreement Ward: All
FUNDING REQUIREMENTS: Net Costs to the General Fund of$40,375 annually,plus up to
1/3 of misc. expenses ($1,333.)
•
Source: (Acct. #)
001-090-5502-0000-0053
General Government/Non-Dept
Finance:
Council Notes: °'s '1d//-191 20,1-201 247//--21 4 �o /o//;3
Agenda Item No. g
0,9 -07-. -O//
STAFF REPORT
Subject:
Resolutions authorizing the extension of the agreements between the City of San Bernardino,
City of San Bernardino Economic Development Agency, and the City of San Bernardino Water
Department to jointly fund State and Federal representation services; and Resolutions
authorizing the City Manager to execute service agreements Innovative Federal Strategies (IFS),
LLC and Platinum Advisors.
Background:
Three years ago, the City went out for bid for both State and Federal representation services.
Platinum Advisors was the selected firm for State representation and IFS was selected again for
Federal representation. Both Platinum and IFS's three-year contracts with the City of San
Bernardino expired January 31, 2011. Furthermore, due to the high-level of the City's
satisfaction of IFS's performance and pending Federally funded projects, all parties (the City,
EDA, and Water Department) recommend to extend a three-year agreement with IFS through
January 31, 2014.
Over the past three years, IFS has assisted the City with Federal appropriations and successfully
lobbied for major projects. Some of these major projects and the funding amounts for the past
three years are:
• I-215/University Parkway Interchange- $2,008,250 total
• San Bernardino Municipal Water District- $1,500,000 total
• Operation Phoenix Programs- $500,000
• GREAT Program- $812,550 total
• Police Technology Programs - $682,000 total
• Verdemont Community Center- $500,000
In addition to these projects, IFS is currently working on the following two pending Fiscal Year
2011 Appropriations Requests as well as the five projects recommended by City staff and
approved by the City Council for Fiscal Year 2012 appropriations:
• San Bernardino Municipal Water Department- $1,000,000 in the House and Omnibus
Energy and Water Appropriations Report: Department of Interior: Bureau of Reclamation
Account.
• San Bernardino Intermodal Transit Center- $500,000 in the House and Omnibus
Transportation Housing and Urban Development Report: Department of Transportation:
Federal Transit Administration.
IFS will also continue in the pursuit of Federal transportation authorization dollars for the
following projects and/or others approved by the Council:
1
• I-215/University Parkway Interchange, $15,441,750 requested in the Transportation
Authorization Bill.
• State Street, $11,651,000 requested in the Transportation Authorization Bill.
• Transit Center, $16,000,000 requested in the Transportation Authorization Bill.
Over the past three years Platinum Advisors has also been successful in its representation at the
State level and all parties recommend extending their contract with the City for one year through
January 31, 2012. Some of their past accomplishments include:
• Assisting City staff on identifying legislation for gang reduction funding which lead to
the Ca1GRIP grant award and implementation of that grant program.
• Assisting the Water Department with the defeat of AB 49 (Feuer), a harmful bill to the
City which sought to reduce water usage as part of a meeting the governor's 20% budget
reduction.
• Working with key legislators to help block harmful proposals for shifting prisoners to the
local level, raiding local revenue sources, and the recent attempt to grab local Transient
Occupancy Taxes.
For the upcoming year, Platinum Advisors' current legislative efforts are concentrating on those
proposals and projects which have an immense and lasting impact on the City. Some of these
upcoming proposals and projects are:
• The elimination of Redevelopment Areas and Enterprise Zones.
• The shifting of Health and Services programs to local levels under Block Grants.
• Addressing and monitoring the Legislature on all items which would impact the City's
revenues or increase expenditures.
• Lobbying and assisting the City in its application to receive funding from Proposition 84,
Nature Education Grant.
Per the current Joint Funding Agreement, all parties may agree to extend the funding of these
representation services. Therefore, the Water Department, EDA, and the City of San Bernardino
are in consensus that with the current volatile economic and political climates facing both our
nation and state, and the City's current and proposed projects, it is in the City's best interest to
continue the representation services with both IFS and Platinum Advisors.
Financial Impact:
IFS and Platinum Advisors have both agreed to maintain the same cost of their monthly retainer
fee over the duration of their proposed contracts. These fees include a concession of a 5% fee
reduction which all vendors of the City were asked to take due to the City's budget constraints.
IFS's monthly fee is $5,937.50 per month ($71,250 annually). The City and EDA have agreed to
continue to each pay $1,781.25 (30%) of the monthly fee and the Water Department will
continue to pay $2,375 (40%) of the monthly fee. In addition, IFS shall be reimbursed for out-
of-pocket expenses and costs (travel to and from San Bernardino and Washington, D.C., long-
distance phone calls, courier fees, and postage) not to exceed a total amount of$2,500 annually.
The General Fund will have a net cost of$21,375.
2
Platinum Advisor's monthly fee is $4,750 per month ($57,000 annually). The City, EDA, and
Water have all agreed to continue to each pay $1,583.33 (33.3%) of the monthly fee. Platinum
Advisors shall be reimbursed for out-of-pocket expenses and costs (travel to and from San
Bernardino and Sacramento, long-distance phone calls, courier fees, and postage) not to exceed a
total amount of$1,500 annually. The General Fund will have a net cost of$19,000.
All Federal and State representation costs have been budgeted in the Fiscal Year 2010-2011
budget in the General Government/Professional/Contractual (Account No. 001-090-5502-0000-
0053). The budgeted amount for this account is $1,322,600 and the current balance is $260,063.
Recommendation:
In accordance with the City Manager's approval process pursuant to Section 3.04.010(B)(3) and
Section 3.04.0754 of the City's Municipal Code, it is recommended that the Mayor and Common
Council approve the purchase Federal and State representation services of IFS for the duration of
three-years, and purchase State Representation services of Platinum Advisors for the duration of
one year. It is also recommended that the Mayor and Common Council approve extending the
joint funding agreement between the City, EDA, and the Water Department for a period of three-
years.
Attachment 1:
Attachment 2:
3
4 : j
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 TO JOINTLY FUND THE CONSULTING SERVICES OF PLATINUM ADVISORS
4 AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY OF
SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF THE CITY
5 OF SAN BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
9
and directed to execute on behalf of said City an Agreement with the City of San Bernardino,
10
11 the Board of Water Commissioners of the City of San Bernardino, and Community
12 Development Commission of the City of San Bernardino, to jointly fund the consulting services
13 of Platinum Advisors and Innovative Federal Strategies, a copy of which is attached hereto,
14 marked Exhibit"A" and incorporated herein by reference as through fully set forth at length
15 SECTION 2. The authorization to execute the above referenced agreement is
16
rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage
17
of this resolution.
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0?-07
/Leso/4-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE TO EXECUTION OF AN
AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF PLATINUM
3 ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE
4 CITY OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF
SAN BERNARDINO, AND THE ECONOMIC DEVELOPMENT AGENCY OF THE
5 CITY OF SAN BERNARDINO.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting thereof, held on the
8 day of , 2011,by the following vote, to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
12 DESJARDINS
13
BRINKER
14
SHORETT
15
16 KELLEY
17 JOHNSON
18 MC CAMMACK
19
20 City Clerk
21
The foregoing resolution is hereby approved this day of
22 2011.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to
Form and legal content:
26
27 JAMES F. PENMAN,
City ttorney
28 By: —F.��- -
1 Exhibit A
2
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
3
4 This agreement is entered into this day of February, 2011, by and
5
between the City of San Bernardino ("City"), and the City of San Bernardino Municipal Water
6
Department, by and through its Board of Water Commissioners ("Water Department"), and the
7
8 Redevelopment Agency of the City of San Bernardino ("AGENCY").
9 RECITALS
10 This agreement is made with reference to the following:
11 1. The parties have determined that it is advantageous to and in the best interest of the
12 Parties to engage a professional consultant for representation in Sacramento, CA, for the
13
purposes of working with City officials to develop a legislative agenda that promotes the goals
14
and objectives of the City of San Bernardino, the City of San Bernardino Water Department,
15
16 and the Economic Development Agency; monitoring and providing information regarding
17 legislation under consideration by the California Legislature, including tracking items
18 concerning the state budget; and representing the City before specified state agencies, boards
19 and commissions.
20
2. The parties have determined that it is advantageous to and in the best interest of the
21
Parties to engage a professional consultant for representation in Washington, D.C., for the
22
23 purposes of pursuing and obtaining of individual Federal grants: for monitoring and
24 interpreting Federal statutes and regulations affecting the City of San Bernardino,the City of
25 San Bernardino Water Department, and the Economic Development Agency; and to serve as an
26 advocate for the Parties in connection with all relevant Federal activities.
27 3. The City has retained the firms of Platinum Advisors and Innovative Federal
28
Strategies, and the Parties desire to share in the costs of said"Consultants."
1
2
NOW,THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS:
3
4 SECTION 1. TERM OF CONTRACT. This Contract shall be for a period of three
5 (3) years, commencing on February 1, 2011, and terminating on January 31, 2014, unless
6 otherwise extended by all Parties. This Contract may be terminated by any Party giving thirty
7 (30) days written notice prior to the end of the term, to the other Parties.
8 SECTION 2. COMPENSATION AND METHOD OF PAYMENT. Pursuant to the
9
Services Agreement,the service fee to Platinum Advisors is to be fifty seven thousand dollars
10
11 ($57,000)per year. The City of San Bernardino shall be responsible for the monthly payment
12 of invoices upon receipt, and shall be reimbursed one-third ($1,583.33) from the AGENCY and
13 one-third($1,583.33) from the Water Department, in arrears.
14 Pursuant to the Services Agreement,the service fee to Innovative Federal Strategies is
15 to be seventy-one thousand two hundred fifty dollars ($71,250)per year. The City of San
16 Bernardino shall be responsible for the monthly payment of invoices upon receipt, and shall be
17
reimbursed 30% ($1,781.25) from the AGENCY and 40% ($2,375) from the Water
18
19 Department, in arrears.
20 When specific projects assignments are given by the City Manager of the City of San
21 Bernardino,the General Manager of the Water Department, or the Executive Director of the
22. Economic Development Agency, which go beyond the scope of the regular services of the
23 Consultants, payment for out-of-pocket expenses and costs shall wholly be the responsibility of
24
the Party making the assignments.
25
26
27
28
1 SECTION 3. Notices given pursuant to this Agreement shall be in writing and
2
deposited with the United States Postal Service postage prepaid and addressed as follows:
3
4 To the City City Manager's Office
City of San Bernardino
5 300 North D. Street
San Bernardino, CA 92418
6
To the Water Department General Manager
7 City of San Bernardino
8 Municipal Water Department
P. O. Box 710
9 San Bernardino, CA 92402
10 To the Economic Development Agency: Executive Director
Economic Development Agency
11 City of San Bernardino
12 201 North E Street, 3rd Floor
San Bernardino, CA 92401
13
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
14 service.
15
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1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2
3 IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
date first shown above.
4
5 ATTEST: CITY OF SAN BERNARDINO
6 By: By:
City Clerk, Rachel Clark Charles McNeely, City Manager
7
8 ATTEST: CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
9
10 By: By:
Robin L. Ohama Toni Callicott,
11 Secretary President
12 ATTEST: ECONOMIC DEVELOPMENT AGENCY
13
14 By: By:
Assistant Secretary Patrick J. Morris, Chairperson
15
16
17
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
18 LEGAL CONTENT: LEGAL CONTENT:
19
20 By: By:
James F. Penman Agency Counsel
21 City Attorney
22
23
24
25
26
27
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1 RESOLUTION NO.
2
3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
4 EXECUTION OF AN AGREEMENT TO JOINTLY FUND THE
CONSULTING SERVICES OF PLATINUM ADVISORS AND
5 INNOVATIVE FEDERAL STRATEGIES BY AND BETWEEN THE CITY
6 OF SAN BERNARDINO, THE BOARD OF WATER COMMISSIONERS OF
THE CITY OF SAN BERNARDINO, AND THE COMMUNITY
7 DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
8
9 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
10 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
11 FOLLOWS:
12 SECTION 1. The Chairperson of the Community Development Commission of City of
13 San Bernardino or his designee is hereby authorized and directed to execute on behalf of said
14 Agency an Agreement with the City of San Bernardino, the Board of Water Commissioners of the
15 City of San Bernardino, and Community Development Commission of the City of San Bernardino,
16 to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies, a
17 copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
18 though fully set forth at length.
19 SECTION 2.The authorization to execute the above referenced agreement is rescinded if the
20 parties to the agreement fail to execute it within ninety(90) days of the passage of this resolution.
21 SECTION 3. This Resolution shall take effect from and after its date of adoption by this
22 Commission.
23 ///
24 ///
25 /// 1iJ
26 ///
27 ///
28 ///
1
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
2 AN AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF
PLATINUM ADVISORS AND INNOVATIVE FEDERAL STRATEGIES BY
3
AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD OF
4 WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
5 SAN BERNARDINO
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2011, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 MARQUEZ
11 DESJARDINS
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Secretary
19 , 2011.
The foregoing Resolution is hereby approved this day of
20
21
Patrick J. Morris, Chairperson
22 Community Development Commission
23 of the City of San Bernardino
24 Approved as to Form:
25
26 By: Etioalkau n(fA)' U_
Agency Counsel
27
28
2
1 Exhibit A
2
3 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
4
5 This agreement is entered into this day of February, 2011, by and
6 between the City of San Bernardino ("City"), and the City of San Bernardino Municipal Water
7 Department, by and through its Board of Water Commissioners ("Water Department"), and the
8 Redevelopment Agency of the City of San Bernardino ("AGENCY").
9
RECITALS
10
This agreement is made with reference to the following:
11
12 1. The parties have determined that it is advantageous to and in the best interest of the
13 Parties to engage a professional consultant for representation in Sacramento,CA,for the
14 purposes of working with City officials to develop a legislative agenda that promotes the goals
15 and objectives of the City of San Bernardino,the City of San Bernardino Water Department,
16 and the Economic.Development Agency;monitoring and providing information regarding
17
legislation under consideration by the California Legislature, including tracking items
18
19 concerning the state budget;and representing the City before specified state agencies,boards
20 and commissions.
21 2. The parties have determined that it is advantageous to and in the best interest of the
22 Parties to engage a professional consultant for representation in Washington,D.C.,for the
23 purposes of pursuing and obtaining of individual Federal grants: for monitoring and
24 interpreting Federal statutes and regulations affecting the City of San Bernardino,the City of
25
San Bernardino Water Department, and the Economic Development Agency; and to serve as an
26
27 advocate for the Parties in connection with all relevant Federal activities.
28
1 3. The City has retained the firms of Platinum Advisors and Innovative Federal
2
Strategies, and the Parties desire to share in the costs of said"Consultants."
3
4
5 NOW,THEREFORE,THE PARTIES HERETO DO AGREE AS FOLLOWS:
6 SECTION 1. TERM OF CONTRACT. This Contract shall be for a period of three
7 (3) years,commencing on February 1,2011,and terminating on January 31,2014,unless
8 otherwise extended by all Parties. This Contract may be terminated by any Party giving thirty
9 (30)days written notice prior to the end of the term, to the other Parties.
10
SECTION 2. COMPENSATION AND METHOD OF PAYMENT. Pursuant to the
11
12 Services Agreement,the service fee to Platinum Advisors is to be fifty seven thousand dollars
13 ($57,000)per year. The City of San Bernardino shall be responsible for the monthly payment
14 of invoices upon receipt, and shall be reimbursed one-third($1,583.33) from the AGENCY and
15 one-third ($1,583.33)from the Water Department, in arrears.
16 Pursuant to the Services Agreement,the service fee to Innovative Federal Strategies is
17
to be seventy-one thousand two hundred fifty dollars ($71,250)per year. The City of San
18
19 Bernardino shall be responsible The City of San Bernardino shall be responsible for the
20 monthly payment of invoices upon receipt,and shall be reimbursed 30%($1,781.25) from the
21 AGENCY and 40% ($2,375)from the Water Department, in arrears.
22, When specific projects assignments are given by the City Manager of the City of San
23 Bernardino,the General Manager of the Water Department,or the Executive Director of the
24
Economic Development Agency,which go beyond the scope of the regular services of the
25
Consultants,payment for out-of-pocket expenses and costs shall wholly be the responsibility of
26
27 the Party making the assignments.
28
•
1
SECTION 3. Notices given pursuant to this Agreement shall be in writing and
2
3 deposited with the United States Postal Service postage prepaid and addressed as follows:
4 To the City City Manager's Office
City of San Bernardino
5 300 North D. Street
San Bernardino, CA 92418
6
7 To the Water Department General Manager
City of San Bernardino
8 Municipal Water Department
P. 0. Box 710
9 San Bernardino, CA 92402
10 To the Economic Development Agency: Executive Director
11 Economic Development Agency •
City of San Bernardino
12 201 North E Street, 3rd Floor
San Bernardino,CA 92401
13
14 Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
15
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26 111
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•
1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
2
3 IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
4 date first shown above.
5 ATTEST: CITY OF SAN BERNARDINO
6 BY: By:
City Clerk,Rachel Clark Charles McNeely,City Manager
7
8 ATTEST: CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
9
10 By: By:
Robin L. Ohama Toni Callicott,
11 Secretary President
12 ATTEST: ECONOMIC DEVELOPMENT AGENCY
13
14 By: By:
Assistant Secretary Patrick J. Morris, Chairperson
15
16
•
17
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
18 LEGAL CONTENT: LEGAL CONTENT:
19
20 By: By:
James F. Penman Agency Counsel
21 City Attorney
22
23
24
25
26
27
28
AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This agreement is entered into this _ day of February, 2011, by and
between the City of San Bernardino ("City"), and 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").
RECITALS
This agreement is made with reference to the following:
1. 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 Economic Development 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 and 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 Economic Development Agency;and to serve as an
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."
NOW,THEREFORE,THE PARTIES HERETO DO AGREE AS FOLLOWS:
SECTION 1. TERM OF CONTRACT. This Contract shall be for a period of three
(3)years,commencing on February 1,2011,and terminating on January 31,2014, unless
otherwise extended by all Parties. This Contract 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. Pursuant to the
Services Agreement,the service fee to Platinum Advisors is to be fifty seven thousand dollars
($57,000)per year. The City of San Bernardino shall be responsible for the monthly payment
of invoices upon receipt,and shall be reimbursed one-third($1,583.33)from the AGENCY and
one-third ($1,583.33) from the Water Department, in arrears.
Pursuant to the Services Agreement,the service fee to Innovative Federal Strategies is
to be seventy-one thousand two hundred fifty dollars($71,250)per year. The City of San
Bernardino shall be responsible The City of San Bernardino shall be responsible for the
monthly payment of invoices upon receipt,and shall be reimbursed 30%($1,781.25)from the
AGENCY and 40% ($2,375) from the Water Department,in arrears.
When specific projects 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
Economic Development Agency,which go beyond the scope of the regular services of the
Consultants,payment for out-of-pocket expenses and costs shall wholly be the responsibility of
the Party making the 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 92418
To the Water Department General Manager
City of San Bernardino
Municipal Water Department
P. O. Box 710
San Bernardino, CA 92402
To the Economic Development Agency: Executive Director
Economic Development Agency
City of San Bernardino
201 North E Street, 3`d Floor
San Bernardino,CA 92401
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and
date first shown above.
ATTEST: CITY OF SAN BERNARDINO
By: By:
City Clerk, Rachel Clark Charles McNeely, City Manager
ATTEST: CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
By: By:
Robin L. Ohama Toni Callicott,
Secretary President
ATTEST: ECONOMIC DEVELOPMENT AGENCY
By: By:
Assistant Secretary Patrick J. Morris, Chairperson
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL CONTENT: LEGAL CONTENT:
By: By:
James F. Penman Agency Counsel
City Attorney
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 SERVICE AGREEMENT WITH PLATINUM ADVISORS FOR STATE
REPRESENTATION SERVICES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City a Service Agreement with Platinum Advisors
9
regarding State Representation Services, a copy of which is attached hereto, marked Exhibit
10
"A" and incorporated herein by reference as through fully set forth at length.
11
12 SECTION 2. The authorization to execute the above referenced agreement is
13 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage
14 of this resolution.
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-fir
001-47-dild
/ese
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
SERVICE AGREEMENT WITH PLATINUM ADVISORS FOR STATE
3 REPRESENTATION SERVICES.
4 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
day of , 2011, by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
2011.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to
Form and legal content:
25
JAMES F. PENMAN,
26 City • ttorney
27 By: I /�...
28 /
1 Exhibit A
2 SERVICES AGREEMENT
3
4 THIS AGREEMENT is entered into this day of February 2011, by and
5 between Platinum Advisors, ("CONSULTANT"), and the CITY OF SAN BERNARDINO, a
6 charter city ("CITY").
7 WITNESSETH:
8
WHEREAS, the Mayor and Common Council have determined that it is advantageous
9
10 and in the best interest of the City of San Bernardino to engage a professional consultant for
11 representation on State Legislative matters; and
12 WHEREAS, the CITY desires to retain the services of the CONSULTANT for the
13 purpose of providing legislative advocacy and governmental affairs in matters affecting cities
14 in California; and
15
WHEREAS, CONSULTANT possesses the professional skills and ability to provide
16
legislative services for the CITY;
17
18 NOW,THEREFORE, in consideration of the terms and conditions set forth herein, the
19 parties hereto agree as follows:
20 SECTION 1: STATE REPRESENTATIVE SERVICES. CONSULTANT
21 shall provide professional services to CITY as follows:
A. CONSULTANT shall advise, counsel and represent the CITY with, principally,
23
but not limited to its affairs with the Legislative and Executive Branches of the State
24
25 Government.
26 B. CONSULTANT agrees to promote and represent the best interests of the CITY
27 by acting as a liaison between the CITY and members of the Senate and Assembly and other
28 State agencies and State Officials. In this capacity, CONSULTANT will be responsible for,
1
1 but is not limited to, providing the CITY, the Water Department, and the Economic
2 Development Agency with a State legislative action agenda to be used as a basis for all State
3 funding requests; identifying and pursuing State funding programs for the CITY programs; and
4
working with CITY, Water Department, and Economic Development Agency officials to
5
develop strategies to minimize or prevent reduction to local government revenues.
6
7 C. CONSULTANT shall monitor and provide information regarding legislation
8 under consideration by the California Legislature, including tracking items concerning the state
9 budget.
10 D. CONSULTANT shall testify before committees of the California State Senate
11
and Assembly. Such testimony will be given only upon prior written approval of the City
12
Manager or his/her designee.
13
14 E. CONSULTANT shall represent the CITY before specified state agencies, boards
15 and commissions.
16 SECTION 2: MANAGEMENT AND REPORTING
17 A. CONSULTANT shall provide monthly legislative update reports on significant
18 California legislation and budget issues pertinent to CITY officials.
19
SECTION 3: TERM AND COMPENSATION. The term of this Agreement
20
shall be for one (1) year, beginning February 1, 2011, and terminating on January 31, 2012.
21
22 This Agreement may be terminated at any time by thirty (30) days written notice by either
23 party.
24 A. For services provided pursuant to this Agreement, CONSULTANT shall be paid
25 $4,750 per month of the Agreement, for an amount not to exceed $57,000 per year.
26
CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears.
27
Payments shall be provided to the CONSULTANT the first week of the following month. The
28
2
1 fee for services will cover all basic expenses incurred in Sacramento by the CONSULTANT on
2 behalf of the CITY. CITY retains the right to challenge all or any part of an invoice.
3 B. The CITY will be billed on a monthly basis for out-of-pocket expenses and costs
4
incurred by CONSULTANT in the course of providing services to CITY pursuant to this
5
Agreement, not to exceed $1,500 annually. No other expenditures made by CONSULTANT
6
7 shall be reimbursed by CITY without the prior written approval of the City Manager.
8 C. Financial records shall be maintained in accordance with generally accepted
9 accounting principles by CONSULTANT in such a manner as to permit CITY to easily trace
10 the expenditure of funds. All books and records of CONSULTANT are to be kept open for
11
inspection at any time during the business day by the CITY or its officers or agents. Failure to
12
submit the financial records in accordance with this section will result in the CONSULTANT
13
14 reimbursing the CITY in the full amount received by CONSULTANT.
15 D. No other expenditures made by CONSULTANT shall be reimbursed by CITY.
16 SECTION 4: INDEMNITY.
17 CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
18 employees and agents (including, without limitation, reasonable costs of defense and
19
reasonable attorney's fees) arising out of or related to CONSULTANT'S performance of this
20
21 agreement, except that such duty to indemnify, defend and hold harmless shall not apply where
22 injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall
23 indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
24 (including, without limitation, reasonable costs of defense and reasonable attorney's fees)
25 arising out of or related to CITY'S performance of this Agreement, except that such duty to
26
indemnify, defend and hold harmless shall not apply where injury to person or property is
27
caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses
28
3
1 of the City Attorney and members of his office in enforcing this Agreement on behalf of the
2 CITY shall be considered as "attorneys' fees" for the purposes of this paragraph.
3
4
SECTION 5: INSURANCE.
5
While not restricting or limiting the forgoing, during the term of this Agreement,
6
7
CONSULTANT shall maintain in effect policies of comprehensive public, general and
8 professional liability insurance, in the amount of $1,000,000.00 combined single limit, and
9 statutory worker's compensation coverage, and shall file copies of said policies with the
10 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
11 forth as an additional named insured in each policy of insurance provided hereunder. The
12
Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
13
14 change or termination in the policy.
15 SECTION 6: NON-DISCRIMINATION.
16 In the performance of this Agreement and in the hiring and recruitment of employees,
17 CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
18 handicap, ethnic background or country of origin.
19
SECTION 7: INDEPENDENT CONSULTANT.
20
CONSULTANT shall perform work tasks provided by this Agreement but for all intents
21
and purposes CONSULTANT shall be an independent CONSULTANT and not an agent or
22
23 employee of the CITY.
24 SECTION 8: NOTICES.
25 Any notice to be given pursuant to this Agreement shall be deposited with the United
26 Postal Service, postage prepaid and addressed as follows:
27
TO THE CITY: Office of the City Manager
28 300 North"D" Street
San Bernardino, CA 92418
4
1 Facsimile (909) 384-5138
2 TO THE CONSULTANT: Platinum Advisors
3 Attn: Tim Lynch
1215 K Street, Suite 1150
4 Sacramento, CA 924
SECTION 9: ATTORNEYS' FEES
5
In the event that litigation is brought by any party in connection with this agreement,the
6
7 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
8 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
9 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
10 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
11 office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees"
12
for the purposes of this paragraph.
13
SECTION 10: ASSIGNMENT
14
15 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
16 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
17 prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
18 void and shall constitute a breach of this Agreement and cause for the termination of this
19
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
20
CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
21
22 performed by CONSULTANT hereunder for the term of this agreement.
23 SECTION 11: GOVERNING LAW
24 This guarantee shall be governed by and construed and interpreted in accordance with
25 the laws of the State of California without regard to principles of conflicts of law.
26 SECTION 12: VENUE
27
The parties hereto agree that all actions or proceedings arising in connection with this
28
Agreement shall be tried and litigated either in the State courts located in the County of San
5
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 the mandatory and not
permissive in nature.
SERVICE AGREEMENT
State Representation- Platinum Advisors
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first written above.
DATE: CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
DATE: CONSULTANT
By:
Approved as to
Form: Attest:
JAMES F. PENMAN, RACHEL CLARK,
City Attorney City Clerk
By: By:
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6
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 SERVICE AGREEMENT WITH INNOVATIVE FEDERAL STRATEGIES, LLC FOR
FEDERAL REPRESENTATION SERVICES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City a Service Agreement with Innovative Federal
9
Strategies, LLC regarding Federal Representation Services, a copy of which is attached hereto,
10
marked Exhibit "A" and incorporated herein by reference as through fully set forth at length.
11
12 SECTION 2. The authorization to execute the above referenced agreement is
13 rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage
14 of this resolution.
15
16 ///
17
18
19 ///
20 ///
21 //I
22
23 ///
24
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25
///
26
27
28
g
j2esd !�
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
SERVICE AGREEMENT WITH INNOVATIVE FEDERAL STRATEGIES, LLC FOR
3 FEDERAL REPRESENTATION SERVICES.
4 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
day of , 2011, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
2011.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to
Form and legal content:
25
JAMES F. PENMAN,
26 City A torney
27 By: /-
28
20-f/5/ /
1
2 SERVICES AGREEMENT
3
4 THIS AGREEMENT is entered into this day of February 2011, by and
5 between Innovative Federal Strategies, LLC, ("CONSULTANT"), and the CITY OF SAN
6 BERNARDINO, a charter city ("CITY").
7 WITNES SETH:
8
WHEREAS, the Mayor and Common Council have determined that it is advantageous
9
and in the best interest of the City of San Bernardino to engage a professional consultant for
10
11 representation on Federal Legislative matters; and
12 WHEREAS, the CITY desires to retain the services of the CONSULTANT for the
13 purpose of providing legislative advocacy and governmental affairs in matters affecting cities
14 in California; and
15 WHEREAS, CONSULTANT possesses the professional skills and ability to provide
16
legislative services for the CITY;
17
18 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
19 parties hereto agree as follows:
20 SECTION 1: STATE REPRESENTATIVE SERVICES. CONSULTANT
21 shall provide professional services to CITY as follows:
22. A. CONSULTANT shall advise, counsel and represent the CITY with, principally,
23
but not limited to its affairs with the Legislative and Executive Branches of the Federal
24
Government.
25
26 B. CONSULTANT agrees to promote and represent the best interests of the the
27 CITY, the City of San Bernardino Water Department, and Economic Development by acting as
28 a liaison between the CITY and members of Congress, Congressional committees and staff, the
1
1 Executive Branch and other federal officials. In this capacity, CONSULTANT will be
2 responsible for, but is not limited to, providing the CITY with a federal legislative action
3 agenda to be used as a basis for all federal funding requests; and identifying and federal
4
funding programs for the CITY, the Water Department, and the Economic Development
5
Agency ;.
6
7 C. CONSULTANT shall Notify CITY of legislation, reports, hearing testimony,
8 and/or relevant regulatory activities that will impact its program and operations.
9 D. CONSULTANT shall assist CITY in identifying opportunities for federal grants
10 and assist with CITY's efforts to pursue such grants.
11 SECTION 2: MANAGEMENT AND REPORTING
12
A. CONSULTANT shall provide monthly legislative update reports on significant
13
14 federal legislation and budget issues pertinent to CITY, the Water Department, and the
15 Economic Development Agency.
16 SECTION 3: TERM AND COMPENSATION. The term of this Agreement
17 shall be for three (3) years, beginning February 1, 2011, and terminating on January 31, 2014.
18 This Agreement may be terminated at any time by thirty (30) days written notice by either
19
party.
20
A. For services provided pursuant to this Agreement, CONSULTANT shall be paid
21
22 $5,937.50 per month of the Agreement, for an amount not to exceed $71,250 per year.
23 CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears.
24 Payments shall be provided to the CONSULTANT the first week of the following month. The
25 fee for services will cover all basic expenses incurred by the CONSULTATN on behalf of the
26 CITY. CITY retains the right to challenge all or any part of an invoice.
27
B. The CITY will be billed on a monthly basis for out-of-pocket expenses and costs
28
incurred by CONSULTANT in the course of providing services to CITY pursuant to this
2
1 Agreement, not to exceed $2,500 annually. No other expenditures made by CONSULTANT
2 shall be reimbursed by CITY without the prior written approval of the City Manager.
3 C. Financial records shall be maintained in accordance with generally accepted
4 accounting principles by CONSULTANT in such a manner as to permit CITY to easily trace
5
the expenditure of funds. All books and records of CONSULTANT are to be kept open for
6
7 inspection at any time during the business day by the CITY or its officers or agents. Failure to
8 submit the financial records in accordance with this section will result in the CONSULTANT
9 reimbursing the CITY in the full amount received by CONSULTANT.
10 D. No other expenditures made by CONSULTANT shall be reimbursed by CITY.
11 SECTION 4: INDEMNITY.
12
CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
13
employees and agents (including, without limitation, reasonable costs of defense and
14
15 reasonable attorney's fees) arising out of or related to CONSULTANT'S performance of this
16 agreement, except that such duty to indemnify, defend and hold harmless shall not apply where
17 injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall
18 indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
19
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
20
arising out of or related to CITY'S performance of this Agreement, except that such duty to
21
22 indemnify, defend and hold harmless shall not apply where injury to person or property is
23 caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses
24 of the City Attorney and members of his office in enforcing this Agreement on behalf of the
25 CITY shall be considered as "attorneys' fees" for the purposes of this paragraph.
26 SECTION 5: INSURANCE.
27
While not restricting or limiting the forgoing, during the term of this Agreement,
28
3
1 CONSULTANT shall maintain in effect policies of comprehensive public, general and
2 professional liability insurance, in the amount of $1,000,000.00 combined single limit, and
3 statutory worker's compensation coverage, and shall file copies of said policies with the
4 CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
5
forth as an additional named insured in each policy of insurance provided hereunder. The
6
7 Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
8 change or termination in the policy.
9 SECTION 6: NON-DISCRIMINATION.
10 In the performance of this Agreement and in the hiring and recruitment of employees,
11 CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
12
handicap, ethnic background or country of origin.
13
SECTION 7: INDEPENDENT CONSULTANT.
14
15 CONSULTANT shall perform work tasks provided by this Agreement but for all intents
16 and purposes CONSULTANT shall be an independent CONSULTANT and not an agent or
17 employee of the CITY.
18 SECTION 8: NOTICES.
19
Any notice to be given pursuant to this Agreement shall be deposited with the United
20
Postal Service, postage prepaid and addressed as follows:
21
22 TO THE CITY: Office of the City Manager
300 North"D" Street
23 San Bernardino, CA 92418
Facsimile (909) 384-5138
24
TO THE CONSULTANT: Innovative Federal Strategies, LLC
25 Attn: Letitia H. White
26 525 Ninth Street,NW, Suite 800
Washington, DC, 20004
27
28
SECTION 9: ATTORNEYS' FEES
4
1 In the event that litigation is brought by any party in connection with this agreement,the
2 prevailing party shall be entitled to recover from the opposing party all costs and expenses,
3 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
4
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
5
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
6
7 office in enforcing this Agreement on behalf of the City shall be considered as"attorneys' fees"
8 for the purposes of this paragraph.
9 SECTION 10: ASSIGNMENT
10 CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
11 encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
12
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
13
void and shall constitute a breach of this Agreement and cause for the termination of this
14
15 Agreement. Regardless of CITY's consent, no subletting or assignment shall release
16 CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
17 performed by CONSULTANT hereunder for the term of this agreement.
18 SECTION 11: GOVERNING LAW
19
This guarantee shall be governed by and construed and interpreted in accordance with
20
the laws of the State of California without regard to principles of conflicts of law.
21
22 SECTION 12: VENUE
23 The parties hereto agree that all actions or proceedings arising in connection with this
24 Agreement shall be tried and litigated either in the State courts located in the County of San
25 Bernardino, State of California or the U.S. District Court for the Central District of California.
26 The aforementioned choice of venue is intended by the parties to be the mandatory and not
27
permissive in nature.
28
5
1
2
3
4 SERVICE AGREEMENT
5
Federal Representation Services- Innovative Federal Strategies
6
7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
8 the date first written above.
9
10 DATE: CITY OF SAN BERNARDINO
11
12 By:
Charles McNeely, City Manager
13
14
15 DATE: CONSULTANT
16
By:
17
18
19
Approved as to
20 Form: Attest:
21 JAMES F. PENMAN, RACHEL CLARK,
22 City Attorney City Clerk
23
24 By: By:
25 ///
26 ///
27
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28
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6