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HomeMy WebLinkAbout08-City Administrator ,- . " i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ORIGINAL Subject: Resolutions by and between the City of San Bernardino and the Economic Development Agency authorizing execution of an agreement to jointly fund the Consulting Services of Copeland, Lowery, Jacquez, Denton, & Shockey and Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, Jacquez, Denton, & Shockey From: Fred Wilson, City Administrator Dept: City Administrator's Office Date: January 6, 2004 Synopsis of Previous Council Action: February 2002 - Council approved resolutions authorizing execution of an agreement to jointly fund the consulting services of Copeland, Lowery, & Jacquez by and between the City of San Bernardino and the Economic Development Agency Recommended motion: Adopt Resolutions. Contact person: Fred Wilson Phone: 5122 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount Net cost to the Citv General Fund-- $21,000 annually, plus one-half of out-of-pocket expenses, not-to-exceed $2,500. Source: (Ace!. No.) 001-092-5502 (Ace!. Description) Non-Departmental-- Professional/Contractual Srvs. Finance: Council Notes: ~ 7",6'\- \ L.0o'\- '\ 'doo'\ - <i i/j1J/bf Agenda Item No. I ... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolutions authorizing execution of an agreement to jointly fund the Consulting Services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Economic Development Agency and Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, Jacquez, Denton, & Shockey. Backnound: In December 1999, the City, the Board of Water Commissioners and the Economic Development Agency jointly funded an agreement with David Turch and Associates to represent their interests in Washington, D.C. for the purposes of pursuing federal grants, for monitoring and interpreting federal statutes and regulations affecting the City, and to serve as an advocate for the City in connection with all relevant federal activities. Following the expiration of the agreement with Turch and Associates, the City and Agency retained the services Jeff Shockey of the firm of Copeland, Lowery, Jacquez, Denton, & Shockey (CLJDS) beginning in February of2002. That agreement will expire on January 31, 2004. It is now recommended that the City and the Agency approve a new agreement with CLJDS for another two (2) year period. Mr. Shockey is the former Legislative Director for Congressman Jerry Lewis, and now represents several area agencies. In the previous two years, CLJDS has assisted the City in securing funds for projects such as the Santa Fe Depot restoration, the Vision 20/20 project, and the Police Department's Mobile Data Computer replacement project. They have also provided assistance in working with federal agencies on various issues of concern to the City. It is anticipated that the firm will continue to assist the City with identifying and securing federal funds for a number of projects, including: · Downtown lakes project · Renovation of the California Theater · I-215/University interchange improvements . 1-1 O/Tippecanoe interchange improvements · Police Department technology upgrades Fiscal Imnact: The monthly retainer fee for the services of Copeland, Lowery, Jacquez, Denton, & Shockey is $3,500 per month, to be shared equally by the City and the Economic Development Agency. This cost is equal to the cost in the previous agreement; no cost increase is proposed. The net cost to the General Fund is $21,000 annually. In addition, the firm shall be reimbursed for out-of-pocket expenses and costs (i.e. 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. These costs are also to be paid equally by the Economic Development Agency and the City. Recommendation: Adopt resolutions. I . e 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 e e l! RESOLU~NQ lP'1 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 COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY (CLJDS) BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Chairperson of the Community Development Commission of the City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said Agency an Agreement to jointly fund the consulting services Copeland, Lowery, Jacquez, Denton, & Shockey (CUDS) by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. 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 YtD g I /7-0 /o~ e 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 e e I, 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 COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY (CLJDS) BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION 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 , 2004, by the following vote, to wit: Commission: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Chairperson Community Development Commission of the City of San Bernardino By: e 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 e e 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 COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY BY AND BETWEEN 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 I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Community Development Commission of the City of San Bernardino, 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 e e e II 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 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 COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. 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 , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES f. PENMAN, City At r By: e 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 e e 11 AGREEMENT TO JOINTLY FUl'lD CONSULTING SERVICES This agreement is entered into this _ day of , 2004, by and between the City of San Bernardino ("City"), and the Community Development Commission of the City of San Bernardino ("EDA"). RECITALS This agreemern 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 Washington, D.C., for the purposes of pursuing the obtaining of individual Federal grants; for monitoring and interpreting Federal statutes and regulations affecting the Parties; and to serve as advocate for the Parties in connection with all relevant Federal activities. 2. Pursuant to an informal understanding between the Parties, the City has retained the firm of Copeland, Lowery, Jacquez, Denton, & Shockey. 3. The Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: I. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on February I, 2004, and terminating on January 31, 2006, unless otherwise extended by both Parties. This Contract may be terminated at any time by either Party giving thirty (30) days written notice prior to the end of the term, to the other Party. 2. COMPENSATION AND METHOD OF PAYMENT. Compensation to Copeland, Lowery, Jacquez, Denton, & Shockey is agreed to be Forty-two Thousand Dollars ($42,000) per year. Such compensation shall be paid by the City according to the following schedule: I 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 . . AGREEMENT TO JOINTL Y FUND CONSULTING SERVICES The first month's payment of Three Thousand Five Hundred ($3,500) to accompany this agreement. Thereafter, payment shall be made at the rate of Three Thousand Five Hundred Dollars ($3,500) per month, and_reimbursement shall be made to the City by EDA, for one-half the amount so paid, in arrears. The maximum net amount to be paid by either Party shall not exceed Twenty-one Thousand Dollars annually, plus one-half of all out-of-pocket expenses and costs, as described in this paragraph. Copeland, Lowery, Jacquez, Denton, & Shockey shall be reimbursed for out-of-pocket expenses and costs, including travel between the City of San Bernardino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bernardino's behalf, up to a maximum of$2,500 annually. Copeland, Lowery, Jacquez, Denton, & Shockey shall bill City of San Bernardino monthly for such expenses. The City of San Bernardino shall be responsible for payment of invoices upon receipt, and shall be reimbursed one-half from the EDA, in arrears. When specific project assignments are given by the Mayor of the City of San Bernardino, or the Executive Director of the Redevelopment Agency, which go beyond the scope of the regular services of the Consultant (a copy of the Professional Consulting agreement setting forth the regular services is attached hereto as Exhibit "A" and incorporated herein by this reference as if set forth in its entirety) payment for out-of-pocket expenses and costs shall be wholly the responsibility of the Party making said assignments. 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 Mayor City of San Bernardino 300 North D. Street San Bernardino, CA 92418 2 Exhibit "A" e 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 e e AGREEMENT TO JOINTLY FUND CONSULTING SERVICES To the Community Development Commission: Executi ve Director Economic Development Agency City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 9240 I Nothing in this paragraph shall be construed to prevent the giving of notice by personal servIce. IN WITNESS WHEREOF the Parties have executed this Agreement on the day and date first shown above. ATTEST: By: City Clerk ATTEST: By: Maggie Pacheco Assistant Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: 0 ~ ames F. Penman City Attorney CITY OF SAN BERNARDINO By: Judith Valles, Mayor COMMUNITY DEVELOPMENT COMMISSION By: Gary Van Osdell, Executive Director 3 Exhibit "A" e 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 e e' SERVICES AGREEMENT This Agreement is entered into this] 51 day of February 2004, by and between Copeland, Lowery, Jacquez, Denton, & Shockey ("CUDS" or ;'CONSUL TANT") and the City of San Bernardino ("CITY" or "San Bernardino''). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the City of San Bernardino to engage a professional consultant for representation on Federal Legislative matters; and WHEREAS, the CITY desires to retain the services of the CONSULTANT for the purpose of providing legislative advocacy and governmental affairs in matters affecting this City; and WHEREAS, CONSUL T ANT possesses the professional skills and ability to provide legislative services for the CITY. NOW, THEREFORE, the parties hereto agree as follows: L SCOPE OF SERVICES, For the remuneration stipulated, the CONSULTANT shall provide the following professional services: a Advise, counsel and represent San Bernardino with, principally, but not limited to its affairs with the Legislative and Executive Branches of the Federal Government. CONSULTANT agrees to promote and represent the best interests of San Bernardino by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executi ve Branch and other I Exhibit "A" e e e r 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 AGREE1\IE:\T federal officials. In this capacity, CONSULTANT will be responsible for, but is not limited to providing San Bernardino "ith a federal legislative action agenda to be used as a basis for all federal funding requests; and identifying and pursuing federal funding programs for San Bernardino programs. b. Notify CITY of legislation, reports, hearing testimony, and/or relevant regulatory activities that will impact its program and operations. c. Provide monthly legislative update reports on significant federal legislation and budget issues pertinent to CITY officials. 2. COI\IPENSA nON AND EXPE:\SES. a. For the service delineated above, CITY shall pay the CONSUL TANT $42,000.00 annually, for two years, payable in twenty-four (24) monthly installments of $3,500.00. The fee for services will cover all basic expenses incurred by the CONSUL TANT on behalf of the CITY. b. Upon prior written approval of the Mayor, the CITY shall reimburse CONSUL T ANT for pre-approved travel expenses incurred, not to exceed $2,500 annually. 1\0 other expenditures made by CONTRACTOR shall be reimbursed by CITY without the prior written approval of the Mayor. 1 TERM; SEVERABILITY. The term of this Agreement shall be for a period of two years, commencing on February I, 2004, and terminating on January 3 I, 2006, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by 2 Exhibit "A" ~ 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 e e SERVICES AGREEMENT either party The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. I:\'DEl\INITY. CONSUL T ANT shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, \\ithout Innttation, reasonable costs of defense and reasonable attorney's fee) arising out of or related to CITY'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONSULT ANT, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorn~y's fees) arising out of or related to CONSULTANT'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONSULTANT'S Willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 5. INSVRA:\'CE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$I,OOO,OOO.OO combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Management Division prior to undertaking any work under this Agreement. Exhiiit "A" e e f' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SERVICES AGREEMENT CITY shall be set forth as an addi tional named insured in each policy of insurance pro\'iJed hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRlMINA TION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSUL T ANT shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 1\'0 E;\lPLOY;\IEl\T. CONSUL T ANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSUL T ANT shall be an independent contractor and not an agent or employee of the CITY. 8. 1'\otices. 16 Any notice to be given pursuant to this Agreement shall be deposited with the United 17 Postal Service, postage prepaid and addressed as follows: e 18 19 20 21 22 23 24 25 26 27 28 TO THE CITY: City Administrator's Office 300 North "0" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 TO THE C01\'SUL TA:\'T: Jeffery Shockey Copeland Lowery Jacquez Denton & Shockey 1341 G Street, NW Suite 200 Washington, D.C. 20005 Facsimile (202) 347-5941 4 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 . . .--,.-- RESOLUTlt~ f)1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY FOR FEDERAL REPRESENTATION SERVICES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with Copeland, Lowery, Jacquez, Denton, & Shockey regarding Federal Representation Services, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III e e - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r - 1 2 3 "'" RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH COPELAND, LOWERY, JACQUEZ, DENTON, & SHOCKEY FOR FEDERAL REPRESENTATION SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 6 7 and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2004, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk 2004. The foregoing resolution is hereby approved this day of Approved as to Form and legal content: Judith Valles, Mayor City of San Bernardino JAMES F. PENMAN, City ttorney .2 By: k 7'J~ tit 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 tit e SERVICES AGREEMENT This Agreement is entered into this I Sl day of February 2004, by and between Copeland, Lowery, Jacquez, Denton, & Shockey ("CUDS" or "CONSULTANT") and the City of San Bernardino ("CITY" or "San Bernardino''). WITNESSETH: WHEREAS, the Mayor and Common Council have determined that it is advantageous and in the best interest of the City of San Bernardino to engage a professional consultant for representation on Federal Legislative matters; and WHEREAS, the CITY desires to retain the services of the CONSUL T ANT for the purpose of providing legislative advocacy and governmental affairs in matters affecting this City; and WHEREAS, CONSUL T ANT possesses the professional skills and ability to provide legislative services for the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated. the CONSULTANT shall provide the following professional services: a. Advise, counsel and represent San Bernardino with, principally, but not limited to its affairs with the Legislative and Executive Branches of the Federal Goverrunent. CONSULTANT agrees to promote and represent the best interests of San Bernardino by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executive Branch and other I Exhibit "A" e 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 e e SERVICES AGREEMENT federal officials. In this capacity, CONSULTANT will be responsible for, but is not limited to providing San Bernardino with a federal legislative action agenda to be used as a basis for all federal funding requests; and identifying and pursuing federal funding programs for San Bernardino programs. b. Notify CITY of legislation, reports, hearing testimony, and/or relevant regulatory activities that will impact its program and operations. c. Provide monthly legislative update reports on significant federal legislation and budget issues pertinent to CITY officials. 2 COMPENSA nON A:-In EXPENSES. a. F or the service delineated above, CITY shall pay the CONSUL T ANT $42,000.00 annually, for two years, payable in twenty-four (24) monthly installments of $3,500.00. The fee for services will cover all basic expenses incurred by the CONSULTANT on behalf of the CITY. b. Upon prior written approval of the Mayor, the CITY shall reimburse CONSUL T ANT for pre-approved travel expenses incurred, not to exceed $2,500 annually. No other expenditures made by CONTRACTOR shall be reimbursed by CITY without the prior written approval of the Mayor. 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of two years, commencing on February 1,2004, and terminating on January 31,2006, unless previously modified, amended, or cancelled by the written mutual consent of the parties. This Agreement may be terminated at any time by thirty (30) days written notice by 2 Exhibit "A" I~--'--. . e e e 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 AGREEME!\'T either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. INDEMNITY. CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fee) arising out of or related to CITY'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY'S willful misconduct or negligence. CITY shall indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or related to CONSULTANT'S performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CONSULTANT'S willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, CONSULTANT shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$I,OOO,OOO.OO combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Management Division prior to undertaking any work under this Agreement. 3 Exhibit "A" e e e 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 SERVICES 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. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, CONSUL T ANT shall not discriminate on the basis of race, creed, color, religion, sex. physical handicap, ethnic background or country of origin. 7. NO EMPLOYMENT. CONSUL T ANT shall perform work tasks provided by this Agreement but for all intents and purposes CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. 8. Notices. 16 Any notice to be given pursuant to this Agreement shall be deposited with the United 17 Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Administrator's Office 300 North "0" Street San Bernardino, CA 92418 Facsimile (909) 384-5138 TO THE CONSULTANT: Jeffery Shockey Copeland Lowery Jacquez Denton & Shockey ] 341 G Street, NW Suite 200 Washington, D.C. 20005 Facsimile (202) 347-5941 4 Exhibit "A" r , .. , OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lls ," January 27,2004 Jeffery Shockey Copeland, Lowery, Jacquez, Denton & Shockey 1341 G Street NW, Suite 200 Washington, DC 20005 Dear Mr. Shockey, At the Mayor and Common Council meeting of January 20, 2004, the City of San Bernardino adopted Resolution 2004-8 - Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, Jacquez, Denton. & Shockey for federal representation services. Enclosed is one (I) original agreement with four (4) signature pages. Please sign the four signature pages and return the agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Once returned, a fully executed original agreement will be returned to you. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by March 22, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, :;I-/'c'L..dL .jo<;l.o, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty . r ._-_..._. :'>Z-iT . t' 'UjO.:'- I r , . - <, :'~. I" r r '" o o o ~l .t vi ..1J.1 ON "'~ ... ..fJt *' r " o i"1 o .. .~".ry,~~ :: ::- . ::- ::- - . :- ~ :;.. :;.. r g= " - :- it :- :: , t'/ ,FY , "'; -' r.~ CJ-~ rri I-I 2':0 (\ -':'~0'~ i o (1l ::l ,.. o ::l fir .. -.... o .g I () ,~ () " "1 :>; o w - ()"'W >~8 -cIl:lZ t ~ >l 'l"i!lEr ><9:cj o OJ . _ 0 . '" " '" iP. PRfSORTr.O ~ ,P::'i"; "..1, A 3:_~ I ---- ~ :r E '" ... '" ~ <=> ~ 09 " ~ <-T1 g 0\ -.l ... '" ~ \ -=>> '" ',~'fIfit'tt"'It"~ ..::.---=.~ 1 . ,"'.'" CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 30, 2004 TO: Fred Wilson, City Administrator FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-7 - Copeland, Lowery, Jacquez, Denton, & Shockey CC: Margaret Parker, Secretary; Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement to jointly fund the consulting services of Copeland, Lowery, Jacquez, Denton, & Shockey by and between the City of San Bernardino and the Community Development Commission. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. . OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA92418-ooOl 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" February 23,2004 Jeffery Shockey Copeland, Lowery, Jacquez, Denton & Shockey 525 Ninth Street NW, Suite 800 Washington, DC 20004 Dear Mr. Shockey, At the Mayor and Common Council meeting of January 20, 2004, the City of San Bernardino adopted Resolution 2004-8 - Resolution authorizing the Mayor to execute an agreement with Copeland. Lowery. Jacquez. Denton & Shockey for federal representation services. Enclosed is one (1) original agreement with four (4) signature pages. Please sign the four signature pages and return the agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Once returned, a fully executed original agreement will be returned to you Please be advised that the resolution and agreement will be null and void if not executed by March 22, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, 4lle-0(c V Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty , OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" March 4, 2004 Jeffery Shockey Copeland, Lowery, Jacquez, Denton & Shockey 525 Ninth Street NW, Suite 800 Washington, DC 20004 Dear Mr. Shockey, Enclosed, please find one fully executed agreement between Copeland, Lowery, Jacquez, Denton & Shockey and the City of San Bernardino for federal representation services. If you have any questions, please do not hesitate to call me at (909)384-5002. Sincerely, Cj);C/-e.C0_ 1~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTllD SHARED V ALUIlS: Integrity' Accountability' Respect for Human Dignity' Honesty c'" "i . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 4, 2004 TO: Fred Wilson, City Administrator FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-8 - Copeland, Lowery, Jacquez, Denton & Shockey CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy of the agreement with Copeland, Lowery, Jacquez, Denton & Shockey for federal representation services. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206.