HomeMy WebLinkAbout2011-020
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(NOTE: COMPANION RESOLUTIONS -
2011-19, 2011-21, CDC/2011-3)
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RESOLUTION NO. 7011-20
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
SERVICE AGREEMENT WITH PLATINUM ADVISORS FOR STATE
REPRESENT A TION 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 Service Agreement with Platinum Advisors
regarding State Representation Services, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as through fully set forth at length.
12 SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage
of this resolution.
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2011-20
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
SERVICE 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 ofthe City of San Bernardino at a regul armeeting thereof, held on the
7th day of February, 2011, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
~
DESJARDINS
x
BRINKER
x
SHORETT
~
KELLEY
x
JOHNSON
x
x
MC CAMMACK
2 L.
\ ~ /.;). L~~
City Clerk
The foregoing resolution is hereby approved this 97P" day of February ,
2011.
~c~
)
Tobin Brinker, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
CFY~
By. 1-,
.
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2011-2,0
Exhibit A
SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of February 2011, 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 CONSULT ANT 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 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 interests of the CITY
by acting as a liaison between the CITY and members of the Senate and Assembly and other
State agencies and State Officials. In this capacity, CONSULTANT will be responsible for,
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2011-20
but is not limited to, providing the CITY;' the Water Department, and the Economic
Development Agency with a State legislative action agenda to be used as a basis for all State
funding requests; identifying and pursuing State funding programs for the CITY programs; and
working with CITY, Water Department, and Economic Development Agency 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: MANAGEMENT AND 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 one (1) year, beginning February 1,2011, and terminating on January 31, 2012.
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
$4,750 per month of the Agreement, for an amount not to exceed $57,000 per year.
CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears.
Payments shall be provided to the CONSULTANT the first week of the following month. The
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fee for services will cover all basic expenses incltrred 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
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.
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 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 CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to 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 CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses
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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.
SECTION 5: INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
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
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, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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
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Facsimile (909) 384-5138
TO THE CONSULTANT: Platinum Advisors
Attn: Tim Lynch
1215 K Street, Suite 1150
Sacramento, CA 924
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
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2.011-2.0
Bernardino, State of California or the V.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,
City Attorney
RACHEL CLARK,
City Clerk
By:
By:
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2011-20
SERVICES AGREEMENT
THIS AGREEMENT is entered into this 7th day of February 2011, 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 CONSULT ANT 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 ofthe 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 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 interests of the CITY
by acting as a liaison between the CITY and members of the Senate and Assembly and other
State agencies and State Officials. In this capacity, CONSULTANT will be responsible for,
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but is not limited to, providing the CITY, the Water Department, and the Economic
Development Agency with a State legislative action agenda to be used as a basis for all State
funding requests; identifying and pursuing State funding programs for the CITY programs; and
working with CITY, Water Department, and Economic Development Agency 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: MANAGEMENT AND REPORTING
A. CONSULT ANT 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 one (1) year, beginning February 1, 2011, and terminating on January 31, 2012.
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
$4,750 per month of the Agreement, for an amount not to exceed $57,000 per year.
CONSULTANT shall provide the City Manager's Office with a monthly invoice in arrears.
Payments shall be provided to the CONSULTANT the first week of the following month. The
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2011-20
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
Agreement, not to exceed $1,500 annually. No other expenditures made by CONSULTANT
shall be reimbursed by CITY without the prior written approval ofthe City Manager.
C. Financial records shall be maintained in accordance with generally accepted
accounting principles by CONSULT ANT 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 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 CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to 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 CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses
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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 forgoing, 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
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, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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
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Facsimile (909) 384-5138
TO THE CONSULT ANT: Platinum Advisors
Attn: Tim Lynch
1215 K Street, Suite 1150
Sacramento, CA 924
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
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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: o1/l~/toIL
N BERNARDINO
By:
Charles McNeely, City
DATE:
Approved as to
Form:
Attest:
JAMES F. PENMAN,
City Attorney
RACHEL CLARK,
City Clerk
By: L r'~
II/(}
III
By: ~vJuL h. C-{..~
III
III
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