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HomeMy WebLinkAbout18-City AdministratorCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator ~~ ~ ~`Ay/~=~`, Dept: City Administrator's Office Date: January 25, 2002 Subject: Resolution 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 and Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, & Jacquez Synopsis of Previous Council Action: December 6, 1999 Council approved resolutions authorizing execution of an agreement to jointly fund the consulting services of David Turch and Associates by and between the City of San Bernardino, the Board of Water Commissioners and the Ewnomic Development Agency, and resolution authorizing the Mayor to execute an agreement with David Turch and Associates for a one year period, December 2000 -Council approved resolutions authorizing execution of an agreement to jointly fund the consulting services of David Turch and Associates by and between the City of San Bernardino, the Board of Water Commissioners and the Economic Development Agency, and resolution authorizing the Mayor to execute an agreement with David Turch and Associates for a one year period Recommended motion: Adopt Resolutions. '/,~///Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: Staff Report Ward: FUNDING REQUIREMENTS: Amount Net cost to the City General Fund - $21,000 annually, plus one-half of out-of-pocket expenses, not-to-exceed $2,500. Source: (Acct. No.) 001-092-5502 Council Notes: Q~-~ zc~ - (Acct. Description) Non-Departmental -- Professional/Contractual Srvs. Finance: I l' ~ Agenda Item No. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subject• Resolution authorizing execution of an agreement to jointly fund the Consulting Services of Copeland, Lowery, &Jacquez by and between the City of San Bernazdino and the Economic Development Agency and Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, &Jacquez Backeround: In December 1999, the City, the Boazd 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. The original contract expired on December 21, 2000, and was extended for one yeaz under the same terms, with the cost of the contract split between the City, the Water Department and the Economic Development Agency. That contract expired on December 31, 2001. At this time, staff is recommending that the City and Agency retain the services Jeff Shockey of the firm of Copeland, Lowery &Jacquez. Mr. Shockey is the former Legislative Director for Congressman Jerry Lewis, and now represents several azea agencies, including the cities of Highland, Loma Linda, Redlands, and Riverside. The firm will assist the City with a number of issues at the federal level, including: • Identifying funding opportunities for the Vision 20/20 project • Pursuing the remaining funds needed to complete the Santa Fe Depot restoration • Identify funding for other projects including the new County courthouse, five level pazking structure retrofit, and other issues as determined by the Mayor and Common Council. The proposed agreement would be in effect for two (2) years beginning February 1, 2002. Fiscal Impact: The monthly retainer fee for the services of Copeland, Lowery, &Jacquez is $3,500 per month, to be shared equally by the City and the Economic Development Agency. The previous agreement with Turch and Associates was at a cost of $3,750 per month. Although the monthly retainer is less with the new firm, because the Water Department has elected to retain its own, separate legislative advocacy service this yeaz, the cost to the City and Agency will increase from $15,000 annually per entity to $21,000 annually per entity. The entire amount of the contract is budgeted in the City's budget in 001-092-5502 (General Government); EDA's and previously the Water Department's shazes of the cost aze then budgeted as reimbursement revenues. For the remainder of FY 2001-2002, there will be savings of $5,000 in the expenditure line item as a result of the lower monthly fee and having no contract with a representative for the month of January; however, reimbursement revenue will be reduced by $6,250. The net increased cost to the City is $1,250 for the remainder of the fiscal year which will be absorbed by the General Fund. In addition, the fine 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. r~ L 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 191 211 27 28 r1i? `I ~; ~`_, jj 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 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 Bernazdino is hereby authorized and directed to execute on behalf of said City an Agreement with Copeland, Lowery, & Jacquez regazding 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. //~ /// ~~~ ~/~ /// /~/ /~/ /// ~// /// /// __ + „ / a j(b, Q ~/~/~~ lJ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I~ OF SAN BERNARDINO AUTHORIZING THE .MAYOR TO EXECUTE AN AGREEMENT WITH COPELAND, LOWERY, & JACQUEZ FOR FEDERAL REPRESENTATION SERVICES. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 1 2 3 4 5 and Common Council of the City of San Bernazdino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ 7 8 9 10 11 12 13 14 • 15 SUAREZ 16 ANDERSON 17 MCCAMMACK City Clerk • The foregoing resolution is hereby approved this day of , 2002 21 I 23 24 25 26 27 Approved as to Form and legal content: JAMES F. PENMAN, City A omey By' G'.s.z, Judith Valles, Mayor City of San Bernardino 1 2 3 4 5 6 7 8 111 13 14 15 16 17 18 19 SERVICES AGREEMENT This Agreement is entered into this 151 day of February 2002, by and between Copeland, Lowery, & Jacquez ("CLJ" or "CONSULTANT") and the City of San Bemardino ("CITY" or "San Bemardino"). 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 ofproviding 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 21 22 23 24 25 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 Bemardino by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executive Branch and other 1 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 r~ l.I SERVICES AGREEMENT federal officials. In this capacity, CONSULTANT will be responsible for, but is not limited to providing San Bernazdino 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. COMPENSATION 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. 12 13 14 15 16 17 18 19 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. b. Upon prior written approval of the Mayor, the CITY shall reimburse TERM; SEVERABILITY. The term of this Agreement shall be for a period of two years, commencing on February 1, 2002, and terminating on January 31, 2004, unless previously modified, amended, or cancelled by the written mutual consent of the parties. 21 22 23 24 25 26 27 28 This Agreement may be terminated at any time by thirty (30) days written notice by 2 E~ibit "A" • 1 2 3 4 5 6 7 8 9 10 11 12 ~~ 13 14 15 16 17 18 19 20 21 22 23 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. INDEMNITY. CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attomey'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 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 3 E~ribit "A" 1 • 2 3 4 5 6 10 11 12 13 14 . 15 16 17 18 19 20 21 ` 28I SERVICES AGREEMENT 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, CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. 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 of the CITY. 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: TO THE CONSULTANT: Mayor's Office 300 North "D" Street San Bernazdino, CA 92418 Facsimile (909) 384-5067 Jeffery Shockey Copeland Lowery & Jacquez 1341 G Street, NW Suite 200 Washington, D.C. 20005 Facsimile (202) 347-5941 4 Exhibit "A" 1 2 3 4 5 7 8 9 10 11 12 13 14 15 171 SERVICES AGREEMENT 1N WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: February , 2002 Date: February , 2002 ATTEST: Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney By: ~' 2111 24 25 26 27 28 /// /// iii iii ni //~ /// ~// Strategic Education Services By: City of San Bernardino By: Judith Valles, Mayor 5 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~, 281 C~©~~ 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 FOR FEDERAL REPRESENTATION SERVICES 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 1. 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 of Copeland, Lowery, & Jacques for federal representation services 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. /// /// /// /// /// /// /// /// /// /// /// /// • ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 FOR FEDERAL RPRESENTATION SERVICES 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 Bernazdino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Commission: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk 19 20 21 22 The foregoing resolution is hereby approved this zooz. day of Judith Valles, Chairperson Community Development Commission of the City of San Bernazdino Ap: Fot By • 1 2 3 4 5 6 7 8 9 10 111 13 14 15 16 17 18 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this day of 2002, by and between the City of San Bernardino ("City"), and the Community Development Commission of the City of San Bemardino ("EDA"). 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 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. 3. The Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. TERM OF CONTRACT. This Contract shall be for a period of two years, 211 23 24 25 26 27 28 commencing on February 1, 2002, and terminating on January 3I, 2004, unless otherwise extended by both Parties. This Contract maybe terminated 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 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: The first month's paymenCof Three Thousand Seven Hundred Fifty ($3,500) to accompany this agreement. 1 Exhibit "A" AGREEMENT TO JOINTLY FUND CONSULTING SERVICES • 2 3 4 5 6 7 8 9 10 it 12 13 15' 1 21 Thereafter, payment shall be made at the rate of Three Thousand Seven Hundred Fifty 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 shall be reimbursed for out- of-pocket expenses and costs ,including travel between the City of San Bemardino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bemardino's behalf, up to a maximum of $2,500 annually. Copeland, Lowery, &Jacquez shall bill City of San Bemardino monthly for such expenses. The City of San Bemardino 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 25 26 27 28 the United States Postal Service postage prepaid and addressed as follows: To the City Mayor City of San Bemardino 300 North D. Street San Bernardino, CA 92418 2 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 JOINTLY FUND CONSULTING SERVICES To the Community Development Commission: Executive Director Economic Development Agency City of San Bernardino 201 North E Street, 3`d Floor San Bemazdino, CA 92401 Nothing in this pazagraph 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: James F. Penman City Attorney CITY OF SAN BERNARDINO By: Judith Valles, Mayor COMMUNITY DEVELOPMENT COMMISSION By: Gary Van Osdell, Executive Director 3 Exhibit "A" 1 2 3 4 5 CEO ~n~ 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 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 Bemazdino is hereby authorized and • 11 12 13 14 15 16 17 18 211 directed to execute on behalf of said City an Agreement to jointly fund the consulting services of Copeland, Lowery, & Jacquez by and between the City of San Bemardino and the Community Development Commission of the City of San Bemardino, 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 ~~~ /// /~~ /~~ //~ /// //~ 1 2 3 4 5 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 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 • 7 8 9 10 11 12 13 14 15 16 17 18 and Common Council of the City of San Bemazdino at a meeting thereof, held on the day of , 2001, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk 2111 231 I The foregoing resolution is hereby approved this 2001. day of , Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City At rney ~ By cz~> ~~..- • 1 2 3 4 5 6 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this day of , 2002, by and between the City of San Bernardino ("City"), and the Community Development Commission of the City of San Bemardino ("EDA"). RECITALS This agreement is made with reference to the following: • 9 10 11 12 13 14 15 16 17 18 19 20 21 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 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 fine of Copeland, Lowery, &Jacquez. 3. The Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on February 1, 2002, and terminating on January 31, 2004, unless otherwise extended by both Parties. This Contract may be terminated 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, • ` 27 28 Lowery, &Jacquez 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: The first month's payment of Three Thousand Seven Hundred Fifty ($3,500) to accompany this agreement. t Exhibit"A" ~J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 ~ 271 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES Thereafter, payment shall be made at the rate of Three Thousand Seven Hundred Fifty 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 shall be reimbursed for out- of-pocket expenses and costs ,including travel between the City of San Bemardino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bernardino's behalf, up to a maximum of 52,500 annually. Copeland, Lowery, &Jacquez shall bill City of San Bemardino 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 Exhibit "A" • 1 2 3 4 5 6 7~ AGREEMENT TO JOINTLY FUND CONSULTING SERVICES To the Community Development Commission: 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. 10 11 ATTEST: 12 By~ City Clerk 13 • 14 ATTEST: 15 By: 16 Maggie Pacheco Assistant Secretary 17 18 APPROVED AS TO FORM AND 19 LEGAL CONTENT: 20 By: 21 I • James F. Penman City Attorney CITY OF SAN BERNARDINO By: Judith Valles, Mayor COMMUNITY DEVELOPMENT COMMISSION By: Gary Van Osdell, Executive Director 3 Exhibit "A" C~ J 1 2 3 4 5 6 7 8 9 10 11 SERVICES AGREEMENT This Agreement is entered into this 1S` day of February 2002, by and between Copeland, Lowery, & Jacquez ("CLJ" or "CONSULTANT") and the City of San Bemardino ("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 Bemardino 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 • 15 16 17 18 19 20 21 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 23 24 25 26 27 28 to its affairs with the Legislative and Executive Branches of the Federal Government. CONSULTANT agrees to promote and represent the best interests of San Bemardino by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executive Branch and other 1 • 1 2 3 4 5 6 7 8 9 10 11 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 Bemardino 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. 14 15 16 17 18 2 $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. COMPENSATION AND EXPENSES. a. For the service delineated above, CITY shall pay the CONSULTANT b. Upon prior written approval of the Mayor, the CITY shall reimburse CONSULTANT for pre-approved travel expenses incurred, not to exceed reimbursed by CITY without the prior written approval of the Mayor. 21 I 23 24 25 26 27 28 $2,500 annually. No other expenditures made by CONTRACTOR shall be 3 TERM; SEVERABILITY. The term of this Agreement shall be for a period of two years, commencing on February 1, 2002, and terminating on January 31, 2004, unless previously modified, amended, or cancelled by the written mutual. consent of the parties. This Agreement maybe terminated at any time by thirty (30) days written notice by 2 • 2 3 4 SERVICES AGREEMENT either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this contract maybe extended with the written consent of both parties. 4. INDEMNITY. CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, 11 12 13 14 15 16 17 18 19 20 21 22 23 employees and agents (including, without limitation, reasonable costs of defense and reasonable attomey'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 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 • ~~ I I forth as an additional named insured in each policy of insurance provided hereunder. The • 1 2 3 4 71 1111 SERVICES AGREEMENT 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, CONSULTANT shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. NO EMPLOYMENT. CONSULTANT shall perform work tasks provided by this Agreement but for all intents 13 14 15 16 17 18 19 20 21 22 23 24 271 and purposes CONSULTANT shall be an independent contractor and not an agent or employee of the CITY. 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: TO THE CONSULTANT: Mayor's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384-5067 Jeffery Shockey Copeland Lowery & Jacquez 1341 G Street, NW Suite 200 Washington, D.C. 20005 Facsimile (202) 347-5941 4 • 1 2 3 4 8I 11 12 13 14 15 16 17 18 21I. 28 SERVICES AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: February , 2002 Strategic Education Services By: Date: February , 2002 ATTEST: Rachel Clazk, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: James F. Penman, City Attorney By: ~~~ ~~~ /// /// ~~~ /// /// //~ City of San Bernardino By: Judith Valles, Mayor 5 CJ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21~ 24 25 26 27 28 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES This agreement is entered into this day of 2002, by and between the City of San Bemardino ("City"), and the Community Development Commission of the City of San Bernardino ("EDA"). 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 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 fine of Copeland, Lowery, &Jacquez. 3. The Parties desire to share in the costs of said Consultant. NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. TERM OF CONTRACT. This Contract shall be for a period of two years, commencing on February I, 2002, and terminating on Januazy 31, 2004, unless otherwise extended by both Parties. This Contract may be terminated 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 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: The first month's payment of Three Thousand Seven Hundred Fifty ($3,500) to accompany this agreement. 1 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES 2 3 4 5 6 7 8 9 10 11 12 • 15~ 16' 17 18 19 20 21 Thereafter, payment shall be made at the rate of Three Thousand Seven Hundred Fifty 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 shall be reimbursed for out- of-pocket expenses and costs ,including travel between the City of San Bernazdino and Washington, D.C., long distance telephone calls, express courier fees and postage, incurred on San Bemardino's behalf, up to a maximum of $2,500 annually. Copeland, Lowery, &Jacquez 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. Notices given pursuant to this Agreement shall be in writing and deposited with 24 25 26 27 28 the United States Postal Service postage prepaid and addressed as follows: To the City Mayor City of San Bernardino 300 North D. Street San Bemardino, CA 92418 AGREEMENT TO JOINTLY FUND CONSULTING SERVICES u To the Community Development Commission: Executive Director Economic Development Agency City of San Bernardino 201 North E Street, 3ro Floor San Bernazdino, 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 f~ • it 12 13 14 15 16 17 18 19 21 I I date first shown above. ATTEST: By: City Clerk ATTEST: By: Maggie Pacheco Assistant Secretary APPROVED AS TO FORM AND LEGAL CONTENT: By: • !~ ames F. Penman City Attorney CITY OF SAN BERNARDINO By: Judith Valles, Mayor COMMUNITY DEVELOPMENT COMMISSION By: Gary Van Osdell, Executive Director 3 San February 8, 2002 Jeffery Shockey Copeland, Lowery &Jacquez 1341 G Street, NW Washington, D.C. 20005 Dear Mr. Shockey, CITY CLERK'S OFFICE RACt~[. G. Craxx, C.M.C. - Crrv Ctewc P.O. Box 1318 • San Bemazdino • CA 92402 300 Nor[h "D" Street • San Bernardino • CA 924] 8-0001 909.384.5002 • Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci, san-bernazdino.ca.us At the Mayor and Common Council meeting of February 4, 2002, the City of San Bernardino adopted Resolution 2002-43 -Resolution authorizing the Mayor to execute an agreement with Copeland, Lowery, &Jacquez for federal representation services. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your f les. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by Apri15, 2002. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARID VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 6, 2002 TO: Fred Wilson, City Administrator FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-43 -Copeland, Lowery &Jacquez CC: Finance Attached is a fully executed copy of the agreement with Copeland, Lowery &Jacquez 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. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT K° RESOLUTION AGENDA ITEM TRACKING FORM t~ 11~ Meeting Date (Date Adopted): of Jl -CvZ Item # ~~ /-1 _ Resolution = __ ~C`Oa _ J -_--__ Vole: Ayes ~-~ ~ Nays -~ Abstain Absent 4 --~t'~- ~-__- ---+------ Change to motion to amend original documents: - ~~ ~ C~~-q4 C(X add -n - ~-- Reso. # On Attachments: / Contract term: '-` Note on Resolution of Attachment stored separately: Direct City Clerk to (circle I ): PUBLISH, POST. RECORD N7COLN"iY Date Sent to Mayor: ~ -~-0~ Date of Mayor's Signature: ~ ~, -t, ~_ Date of Clerk/CDC Signature: J-~-G~ Date Memo/Letter Sen[ for Signature: _ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: -~6'C~ :~ See Attached: ~ Date Returnedr -~-6 3' See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ~ Code Compliance Dev. Services Parks & Rec. Police Public Services Notes: NulWoid After:_ ~oC~ ~~~t /}_5'C?3 By: ._ Reso. Lo, Updated: ~/ _ _____-. Seal Impressed: _,___ /___. ___ Yes ~ No _ By Yes No _~ By Yes _ No _ /,_ By Yes _ No ;~ ~ By Yes _ No By _ EDA / Finance / MIS Water Others: x(11 iA l gTR GtSp~ BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term etc ) Ready to File: n~ Date: ?,- 6'C1 ~ Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ~~* RESOLUTION AGENDA ITEM TRACKING FORiVi Meeting Dare (Date Adopted): a -~-G~ Item # ~ ~' ~ Resolution ~ ~~'C~ ~ _~ - Vote: Ayes I :3~ S_'1 Nays .(`r Abstain ~- _ Absent _ ~__ _ _ Change to motion to amend original documents: - Std 2 C;;i2 -4 ~, ~ep~-4~~ Reso. # On Attachments: / Contract term: - Note on Resolution of Attachment stored separately: ~ _ Direct City Clerk to (circle 1): PUBLISH, POST. RECORD N7"COUNTY Date Sent to Mayor: ~ - ~- 0~ Dale of Mayor's Signature: ~' /o`t> ~- Date of Clerk/CDC Signature: Date Memo/Lette r Si nature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Null/Void After:~0_~A~IC I q-S'O~ ey: _.. Reso. Log Updated. Seal Impressed: __-, ___ _ See Attached: _ Date Returned: ---~ See Attached: _ See~ed: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, lOi84, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Notes: Yes / No _ By Yes _ No ~~ By Yes _ No _/ By Yes No ~ By Yes No ~ By Code Compliance Dev. Services EDA / Finance / MIS Police Public Services Water Others: >kDmi~~S71LA-fpC BEFORE FILING REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term etc 1 Ready to File: Date: Revised 01/12/01 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT xx RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): a -~{ {;2 Item # i ~' C Resolution ~ _ 2G~ -_~~ ___ _ _ Vole: Ayes ~-3, S - ~ Nays ~- Abstain Absent Change to motion to amend original documents: - ~~ ar~~- 4~QC~~~2-~ Reso. # On Attachments: .~ Contract term: Note on Resolution of Attachment stored separately: Direct City Clerk to (circle 1): PUBLISH, POST, RECORD µSCOUNTY Date Sent to Mayor: ~-(0-6~- _ Date of Mayor's Signature: ~-~ c~ Date ofClerk/CDC Signature: ~ -`1-GO- Null/VoidAfter_~ODA~,} ~i-S-O~- Br _- Reso. Lo, Updated: / Seal Impressed: ----,/_ _ _____ __ Date Memo/Leh~-Set for~Signature: See Attached: _ Date Retume.L--_ 60 Day Reminder Letter Sent on 3Dt See Attached: 90 Day Reminder Letter Sent on 45th day: See Attached: Request for Council Action & Staff Report Attached: ~ No _ By Updated Prior Resolutions (Other Than Below): Yes No ~ By Updated CITY Personnel Folders (6413, 6429, 6433, IOS84, IOS8S, 12634): Yes No / By _ Updated CDC Personnel Folders (5557): Yes No / By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / Copies Distributed to: City Attorney / Code Compliance Dev. Services EDA / Finance / MIS Parks & Rec. Police Public Services Water O[hers: gCrn~~T2 A-rb~ Notes: BEFORE_ FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term etc Ready to File: Date: Revised 01/12/01