HomeMy WebLinkAboutS2- Mayor's Office CITY OF SAN BERV ' RDINO - REQUEST r 1R COUNCIL ACTION
From: Tom Minor, Mayor Subject: Resolution authorizing the execution of an
agreement with Michael J. Arnold & Associates,
Dept: Mayor's Office Inc. , Legislative Advocates, Sacramento, CA
Date: November 9, 1993
Synopsis of Previous Council action:
6/1/91 : Resolution #91-310, Adopted by the Mayor and Common Council of the
City of San Bernardino, to contract with the firm of Michael J.
Arnold & Associates , Inc. , Legislative Advocates.
9/8/92: Resolution #92-371 , Adopted by the Mayor and Common Council of the
City of San Bernardino, to contract with the firm of Michael J.
Arnold & Associates , Inc. , Legislative Advocates.
Recommended motion:
ADOPT RESOLUTION
TOM MINOR, MAYOR Signature
Contact person: TOM MINOR, MAYOR Phone: Ext. 5133
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
LEGISLATIVE ADVOCACY AGREEMENT WITH MICHAEL J. ARNOLD & ASSOCIATES
INC.
In July, 1991, the Mayor and Common Council adopted a resolution
retaining the services of Michael J. Arnold & Associates, as a
Legislative Advocate for the City, the Municipal Water Department
and the Economic Development Agency. The cost for such services
was $3,000.00 per month.
On September 8, 1992, the Mayor and Common Council adopted a
resolution retaining the services of Michael J. Arnold &
Associates, Inc.
The year of advocacy by this firm has passed and based upon
performance, the Mayor's office and staff is recommending retention
of Michael J. Arnold & Associates for an additional year at the
rate of $3,000. 00 per month. The monthly fee will remain at the
1991 rate.
The cost for this service is to be shared equally between the City,
its Water Department and the Economic Development Agency.
Michael J. Arnold has assisted the City of San Bernardino in many
areas. A few examples of these activities are:
Patton Park Bill. Successfully sponsored AB 538 (Eaves) , which was
signed into law by the Governor. This "authorizing statue" allows
the City to sell specific lands deeded to it by the state for park
purposes if all of the proceeds go to develop new parks or improve
existing ones.
Horse Racing Revenue Enhancement Evaluated Conducted substantial
research on expanding city revenue from the satellite wagering
facility within city boundaries in connection with SB 708 (Petris) ,
a bill sponsored by the City of Albany to increase city share in
the "parimutuel handle" from . 33 to .5 percent. The bill was
withdrawn in the 1991 session, but the issue is likely to turn up
again in the future. A session held at the League of Cities
Conference with other cities containing horseracing facilities
generated a great deal of discussion; they are working with other
cities to determine the appropriate course of action in the next
legislative session.
City of San Bernardino - Request for Action (Staff Report)
re: Michael J. Arnold & Associates, Legislative Advocates
Page 2.
Opposition to Tax on Urban Water Suppliers Skyrocketing water
costs led to the opposition of SB 959 (Presley) . The bill failed
passage in the Assembly Water, Parks and Wildlife Committee, whose
members had been apprised of the City's objections to the measure.
The bill would have dramatically increased water costs to the
citizens of San Bernardino.
PERS Lawsuit. Followed the progress of Claypool, et al. vs
Wilson, et al. , the lawsuit filed by the Public Employees and
Retiree Coalition against the State to stop implementation of AB
702, Chap. 83 (1991) . The lawsuit threatened the financial relief
brought to San Bernardino through PERS savings created by AB 702.
Brown Act Proposal. Worked with the League of California cities to
secure amendments to SB 1538 (Kopp) , a proposal which would have
added substantial costs to the City due to unrealistic new
requirements which would have been imposed under the Ralph M. Brown
Act.
Support for MOE Relief. AB 3017 (Filante) , a bill to give cities
relief from maintenance of effort requirements (MOE) in existing
law, was replaced mid-session by AB 2418 (Quackenbush) and SB 1963
(Boatwright) . Actively supported all of these bills.
Support of SB 1317 and 1318 Supported SB 1317 and SB 1318 (both
Leonard & Ayala) , which would authorize the Department of General
Services to acquire or construct new facilities for the Fourth
District Court of Appeals and Department of Transportation's
District 8 offices, respectively.
Opposition of SB 1711 Joined the League of Cities and California
Redevelopment Association in opposing SB 1711 (Bergeson) , which
would have place outrageous penalties on redevelopment agencies
that had not yet adopted a housing element update. Although we may
not ultimately be able to block passage of this powerful senator's
measure, secured amendment s to SB 1711 to make the bill less
onerous.
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RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREE203NT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed
7 to execute on behalf of said city an agreement by and between
8 the City of San Bernardino and Michael J. Arnold and
9 Associates, Inc.
10 SECTION 2. The authorization to execute the above-
11 referenced agreement is rescinded if the parties to the
12 agreement fail to execute it within sixty (60) days of the
13 Passage of this resolution.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof, held on the
17 day of 1993, by the following vote, to-wit:
18 Council Members: AYES NAYES ABSTAIN ABSENT
NEGRETE
19
CURLIN
20
HERNANDEZ
21
OBERHELMAN
22
DEVLIN
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POPE-LUDLAM
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MILLER
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27 City Clerk
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RESOLUTION. . .AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
2 BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
3
4 The foregoing resolution is hereby approved this
day of 1993 .
5
6
TOM MINOR, MAYOR
7 City of San Bernardino
8
9 Approved as to
10 form and legal content:
11 JAMES F. PENMAN,
CITY ATTORNEY
12
13 By.
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AGREEMENT
2
3 THIS AGREEMENT, made and entered into this day of
1993, by and between the CITY OF SAN
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BERNARDINO, a Municipal Corporation ("City") and MICHAEL J.
5
ARNOLD and ASSOCIATES, INC. , a California Corporation
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("Consultant") :
7
WITNESSETH•
8 WHEREAS much of what
goes on in the City is affected by
9 legislative actions in Sacramento, and
10 WHEREAS, as the City continues to grow and expand, it is
11 becoming necessary to assure that the City's interests are
12 considered by the various legislators in the State Capitol,
13 and
14 WHEREAS, Consultant asserts that it is ready, willing and
15 able to provide various services for City in Sacramento,
16 including meeting with Legislators, reporting to the City on
17 the status of pending legislation and testifying in committee
18 hearings,
19 NOW, THEREFORE, the parties hereto agree as follows:
20 1. Consultant agrees to:
21 a. Provide a full range of advocacy services to
22 influence the outcome of legislative and
23 administrative actions affecting the interests
24 of the City.
25 b. Review all bills introduced in the California
26 Legislature; inform the City of all
27 legislation of special interest; and forward
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2 copies of all such bills to the City for
review.
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C. Serve as the Legislative Representative of San
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Bernardino in the State Capitol.
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d. Provide information and data pertaining to
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various state issues and programs of interest
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to the City.
8 e. Provide conflict-free representation for the
9 City. Consultant will represent no client
10 with conflicting positions while under
11 contract with the City.
12 f. Perform the services outlined in this
13 Agreement under the direction of the City
14 Administrator.
15 g. Perform long term and short term work
16 assignments pursuant to directives from the
17 City.
18 h. Attend League of Cities regular "City
19 Representative" briefings.
20 i. Track legislation on which the City has taken
21 a position. Provide periodic reports to the
22 City as desired.
23 j . Prepare periodic reports to the City which
24 summarize the consultant's activities on
25 behalf of the City and which offer useful
26 information on Sacramento legislative
27 activity.
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k. Arrange and coordinate meetings with
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legislators for City staff and elected
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officials when necessary and be prepared to
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participate as required.
5 1. Lobby on behalf of City-sponsored legislation
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and on specific bills directed by the City.
7 M. Represent the City in meetings with state
8 agencies, boards, commissions and legislative
9 bodies.
10 n. Research and provide information and
11 recommendations on:
12 1) State agency and department regulations,
13 guidelines, directives and other
14 instruments of administrative policy.
15 2) Funding opportunities for proposed City
16 projects.
17 3) Technical memoranda and reports impacting
18 City operations.
19 0. Develop strategies to successfully implement
20 the City's legislative programs.
21 P. Meet with City representatives early during
22 the contract term and participate in the
23 development of a comprehensive plan for
24 representation of the City during the term of
25 the Agreement.
26 q. Conduct regular periodic meetings with City
27 representatives.
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r.2 Maintain insurance sufficient to hold the City
harmless from all claims such as, but not
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limited to, worker's compensation, employer
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liability, damage to property, personal injury
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liability and products liability.
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S. Obtain Council approval before introducing any
7 legislation on behalf of the City.
8 2. City agrees to:
9 a. Review and analyze all bills forwarded by
10 Consultant and inform Consultant of City's
11 position, if any.
12 b. Compensate Consultant in the amount of
13 $3, 000. 00 per month, payable in advance, on
14 the first day of each month.
15 C. Reimburse Consultant for expenses incurred in
16 connection with activities directly related to
17 representation of the interests of the City
18 and reimburse Consultant for travel and other
19 expenses directly related to participation in
20 meetings outside the City of Sacramento.
21 Mileage reimbursement to be at the rate of 25
22 cents per mile.
23 3. This Agreement shall commence on the date first
24 shown above and shall continue in full force for
25 one year. This Agreement may be terminated by
26 either party upon a thirty (30) day written notice.
27 4. For all purposes of this Agreement, Consultant
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2 shall be an independent contractor and shall not be
3 considered as an employee of the City.
4 5. Any notices to be provided from one party to the
5 other under this Agreement shall be deposited with
6 the United Postal Service, postage prepared and
addressed as follows:
7
TO THE CITY: TO CONSULTANT:
8 City Administrator Michael J. Arnold and
9 City of San Bernardino Associates, Inc.
300 North "D" Street 1127 Eleventh Street, #820
10 San Bernardino, CA 92418 Sacramento, CA 95814
11 Nothing in this paragraph shall be construed to prohibit
12 the giving of such notice by personal service.
13 6. This Agreement shall be governed by the laws of the
14 State of California. It constitutes the entire
15 Agreement between parties regarding its subject
16 matter. If any provision of this Agreement is held
17 by any court to be invalid, void or unenforceable,
18 the remaining provisions shall - nevertheless
19 continue in full force.
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2 AGREEMENT RE: MICHAEL J. ARNOLD AND ASSOCIATES, INC.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on this day and date first above shown.
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City of San Bernardino
7
8
By:
9 Tom Minor, Mayor
10
11 MICHAEL J. ARNOLD & ASSOC. , INC.
12
By
13 Michael J. Arnold,
President
14
15 ATTEST:
16
17 By.
City Clerk
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19 APPROVED as to form
20 and legal content:
JAMES F. PENMAN,
21 City Attorney
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By-
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