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HomeMy WebLinkAbout01-Mayor's Office .CITY OF SAN BERNJCblNO - REQUEST FOI COUNCIL ACTION From: W. R. "Bob" Holcomb, Mayor Subject: Resolution to Hire Firm of Michael J. Arnold & Associates, Inc. -- $3,000 a month -- Legislative Advocates in Sacramento, California Dept: Mayor's Offi ce Date: July 3, 1991 Synopsis of Previous Council action: On June 1, 1991, the Mayor and Common Council of the City of San Bernardino agreed to hire the firm of Michael J. Arnold and Associates, Inc., Legislative Advocates and Consultants and the proposed Agreement. Recommended motion: Adopt Resolution to hire the firm of Michael J. Arnold & Associates, Inc. to serve as Legislative Advocates and Consultants in Sacramento, for the City of San Bernardino, at a cost of $3,000 per month, for a period of one year. Contact person: W. R. Holcomb. Mayor Phone: 5051 Supporting data attached: yes Ward: . FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) IAcct. Description) Finance: Council Notes: 75-0262 Agenda Item No I o o 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 NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an agreement by and between the City of San Bernardino and Michael J. Arnold and Associates, Inc. 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 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 , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk / / / / DAB/ses/Arno1d.res 1 July 2, 1991 o o 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...AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL 3. ARNOLD AND ASSOCIATES, INC. The foregoing resolution is hereby approved this of , 1991. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: 3AMES F. PENMAN, City Attorney .~ '~ ~ DAB/ses/Arnold.res 2 3uly 2, 1991 o o 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 THIS AGREEMENT, made and entered into this day of , 1991 by and between the CITY OF SAN BERNARDINO, a Municipal Corporation ("City") and MICHAEL J. ARNOLD and ASSOCIATES, INC., a California Corporation ("Consultant"): WITNESSETH: WHEREAS, much of what goes on in City is affected by legislative actions in Sacramento, and WHEREAS, as the City continues to grow and expand it is becoming necessary to assure that the City's interests are considered by the various legislators in the State's Capital, and WHEREAS, Consultant asserts that it is ready, willing and able to provide various services for City in Sacramento including meeting with Legislators, reporting to the City on the status of pending legislation and testifying in committee hearings, NOW THEREFORE, the parties hereto agree as follows: 1. Consultant agrees to: a. Provide a full range of advocacy services to influence the outcome of legislative and administrative actions affecting the interests of the City. b. Review all bills introduced in the California Legislature; inform the City of all legislation of special interest; and forward copies of all such bills to the City for review. c. Serve as the Legislative Representative of San Bernardino in the State Capitol. III DAB/ses/Arnold.agr 1 July 2, 1991 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 I I I 28 III DAB/ses/Arnold.agr d. e. g. h. k. o o f. Provide information and data pertaining to various state issues and programs of interest to the City. Provide conflict-free representation for the City. Consultant will represent no client with conflicting positions while under contract with the City. Perform the services outlined in this Agreement under the direction of the City Administrator. Perform long term and short term work assignments pursuant to directives from the City. Attend League of Ci ties regular "Ci ty Representative" briefings. Track legislation on which the City has taken a position. Provide periodic reports to the City as desired. Prepare periodic reports to the City which summarize the consultant's activities on behalf of the City and which offer useful information on Sacramento legislative activity. Arrange and coordinate meetings with legislators for City staff and elected officials when necessary and be prepared to participate as required. Lobby on behalf of City-sponsored legislation and on specific bills as directed by the City. 1. j. 1. 2 July 2, 1991 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 o o m. Represent the City in meetings with state agencies, boards, commissions and legislative bodies. n. Research and provide informationlrecommendations on: 1) state agency and department regulations, guidelines, directives and other instruments of administrative policy. 2) Funding opportunities for proposed City projects. 3) Technical memoranda and reports impacting City operations. o. Develop strategies to successfully implement the City's legislative programs. p. Meet with City representatives early during the contract term and participate in the development of a comprehensive plan for representation of the City during the term of the Agreement. q. Conduct regular periodic meetings with City representatives. r. Maintain insurance sufficient to hold the City harmless from all claims such as, but not limited to, worker's compensation, employer liability, damage to property, personal injury liability and products liability. III III III DAB/ses/Arno1d.agr 3 JUly 2, 1991 o o 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 2. City agrees to: a. Review and analyze all bills forwarded by Consultant and inform Consultant of City's position, if any. b. Compensate Consultant in the amount of $3,000.00 per month, payable in advance on the first day of each month. c. Reimburse Consultant for expenses incurred in connection with activities directly related to representation of the interests of the City and reimburse Consul tant for travel and other expenses directly related to participation in meetings outside the City of Sacramento. Mileage reimbursement to be at the rate of 25 cents per mile. 3. This Agreement shall commence on the date first shown above and shall continue in full force for one year. This Agreement may be terminated by either party upon a thirty (30) day written notice. 4. For all purposes of this Agreement, Consultant shall be an independent contractor and shall not be considered as an employee of City. 5. Any notices to be provided from one party to the other under this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: III III DAB/ses/Arnold.agr JUly 2, 1991 4 o o 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 TO THE CITY: TO CONSULTANT: City Administrator City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Michael J. Arnold and Associates, Inc. 1127 Eleventh Street Suite 820 Sacramento, CA 95814 Nothing in this paragraph shall be construed to prohibit the giving of such notice by personal service. 6. This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between parties regarding its subj ect matter. If any provision of this Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force. III III III III III III III III III III III III III III III III OAB/ses/Arno1d.agr 5 July 2, 1991 .0 o 0 1 2 3 4 5 () 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT RE: MICHAEL J. ARNOLD AND ASSOCIATES, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. ATTEST: BY: City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney DAB/ses/Arnold.agr City of San Bernardino BY: W.R. Holcomb, Mayor MICHAEL J. ARNOLD AND ASSOCIATES, INC. MICHAEL J. ARNOLD, President 6 July 2, 1991