HomeMy WebLinkAbout09-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon
Assistant City Administrator
Subject: Resolutions of the Mayor and
Common Council and the Community
Development Commission authorizing execution
of an agreement to jointly fund the Consulting'
Services of Copeland, Lowery, Jacquez,
Denton, & White; and a 'Resolution authorizing
the Mayor to execute an agreement with
Copeland, Lowery, Jacquez, Denton, & White
Dept: City Administrator's Office
Date: November 14, 2005
Meeting date: December 5, 2005
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 Bemardino and the
Economic Development Agency
February 2004 - 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 Bemardino and the
Economic Development Agency
Recommended motion:
Adopt Resolufions.
Lv- B~
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Signature
Contact person:
Lori Sassoon
Phone: 5122
Supporting data attached: Staff report, resolutions
Ward:
FUNDING REQUIREMENTS:
Amount
Net cost to the Ci\y 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 -
ProfessionaVContractual Srvs.
Finance:
Council Notes:
I/J.JS IDS
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Agenda Item No. -!/
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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, & White by and between the City of San Bernardino and
the Economic Development Agency; and a Resolution authorizing the Mayor to execute an
agreement with Copeland, Lowery, Jacquez, Denton, & White
Backeround:
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 of Jeff Shockey from the firm of Copeland, Lowery, Jacquez, Denton, &
Shockey (CLJDS) beginning in February of2002. When Jeff Shockey left the firm to work for
Congressman Lewis in the Appropriations Committee, Letitia White took his place as a partner
in the firm that is now known as Copeland, Lowery, Jacquez, Denton, & White (CLJDW).
The agreement for federal advocacy services will expire on January 31, 2006. Given the firm's
proven track record of effectiveness for the City, it is now recommended that the City and the
Agency approve a new agreement with CLJDW for another two (2) year period. Chapter
3.04.010 of the Municipal Code provides that this contract can be awarded with the approval of
the Mayor and Council based on the City's experience with CLJDW.
In the previous two years, CLJDW has assisted the City in securing funds for projects such as the
Santa Fe Depot restoration, the North Lake project, 1-2 I 5IUniversity interchange project, I-
10rrippecanoe interchange 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:
. North Lake project
. Renovation of the California Theater
. Transportation system improvements
. Police Department technology upgrades
In addition, CLJDW is expanding their services to include assisting their clients with identifying
opportunities for competitive federal grants. Staff will work closely with Ms. White and her
staff to take advantage of this service.
Fiscal Impact:
The monthly retainer fee for the services of Copeland, Lowery, Jacquez, Denton, & White is
$3,500 per month, to be shared equally by the City and the Economic Development Agency.
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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.
All City costs have been included in the approved FY 2005-06 budget in Account No. 001-092-
5502.
Recommendation:
Adopt resolutions.
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RESOLUTION NO.
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, & WHITE 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 1. 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, & White 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND, LOWERY,
JACQUEZ, DENTON, & WHITE BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2005, by the following vote, to wit:
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10 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City ttomey
By:
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF COPELAND,
LOWERY, JACQUEZ, DENTON, & WHITE (CLJDW) BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 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, & White (CLJDW) by and between the City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino.
14 SECTION 2. The authorization to execute the above referenced agreement is
rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE 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, & WHITE (CLJDW) BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting thereof, held on
the _ day of , 2005, by the following vote, to wit:
Commission:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVlLLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Chairperson
Community Development Commission of
the City of San Bernardino
Approved as to
Form and legal content:
By:!~~1! ~
; Agen Counsel
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
This agreement is entered into this _ day of , 2005, by and
between the City of San Bernardino ("City"), and the Redevelopment Agency of the City of
San Bernardino ("AGENCY").
RECITALS
This agreement is made with reference to the following:
I. The parties have determined that it is advantageous to and in the best interest of the
Parties to engage a professional consultant for representation in 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. The City has retained the firm of Copeland, Lowery, Jacquez, Denton, & White, and
the Pkties 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,
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commencing on February 1,2006, and terminating on January 31,2008, 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. COMPENSA nON AND METHOD OF PAYMENT. Compensation to
Copeland, Lowery, Jacquez, Denton, & White 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:
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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 AGENCY, for
one-halfthe 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, &
White 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, & White 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 AGENCY, in arrears.
When specific project assignments are given by the City Administrator 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
City Administrator
City of San Bernardino
300 North D. Street
San Bernardino, CA 92418
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
To the Redevelopment 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.
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
Judith Valles, Mayor
ATTEST:
REDEVELOPMENT AGENCY
By:
By:
Assistant Secretary
Maggie Pacheco, Interim
Executive Director
APPROVED AS TO FORM AND
LEGAL CONTENT:
APPROVED AS TO FORM AND
LEGAL CONTENT:
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By:
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RESOLUTION NO.
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, & WHITE FOR
FEDERAL REPRESENTATION SERVICES.
WHEREAS, Chapter 3.04.010 of the San Bernardino Municipal Code exempts
purchases approved by the Mayor and Common Council from the requirements of the City's
purchasing system; and
WHEREAS, the Mayor and Common Council find that it is in the best interests of the
City of San Bernardino to retain Copeland, Lowery, Jacquez, Denton, & White;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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, & White 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.
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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, & WHITE FOR
FEDERAL REPRESENT A TION SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
!
,2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONOVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
C;1'" -. ~
By. ~ 7-.,~.
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SERVICES AGREEMENT
This Agreement is entered into this day of December 2005, by and between
Copeland, Lowery, Jacquez, Denton, & White ("CLJDW" 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 CONSULTANT for the
purpose of providing legislative advocacy and governmental affairs in matters affecting this
City; and
WHEREAS, CONSULTANT 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
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 Executive Branch and other
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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.
I d. Assist CITY in identifying opportunities for federal grants and assist with
CITY's efforts to pursue such grants.
2. COMPENSA nON AND EXPENSES.
a. For the service delineated above, CITY shall pay the CONSULTANT
$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
CONSULTANT 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 ofthis Agreement shall be for a period of two years, commencing on February
I, 2006, and terminating on January 31, 2008, 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
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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$1 ,000,000.00 combined single limit, and
statutpry 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.
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.
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
CONSULTANT shall not discriminate on the basis ofrace, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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NO EMPLOYMENT.
CONSULTANT 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
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of the CITY.
8.
Notices.
Any notice to be given pursuant to this Agreement shall be deposited with the United
13 Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE CONSULTANT:
Letitia White
Copeland Lowery Jacquez Denton & White
525 Ninth Street, NW
Suite 800
Washington, D.C. 20004
Facsimile (202) 347-5941
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SERVICES AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date:
,2005
Copeland, Lowery, Jacquez, Denton,
& White
By:
Date:
,2006
City of San Bernardino
By:
Judith Valles, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
James F. Penman, City Attorney
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