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HomeMy WebLinkAboutCC Resolution 13080 (Legislative Advocacy Services)RESOLUTION NO. 13080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A TWO-YEAR AGREEMENT WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES IN AN AMOUNT NOT TO EXCEED $34,600 IN 2011 AND $36,300 IN 2012 WHEREAS, on November 22, 2010 the Marin County Council of Mayors and Councilmembers ("MCCMC") Legislative Committee approved entering into an agreement with Emanuels Jones & Associates for professional legislative advocacy services for 2011 and 2012; and WHEREAS, the City of San Rafael (the "City") is a member of MCCMC and has acted as the fiscal agent for the Emanuels Jones contract since 1988; and WHEREAS, The City of San Rafael desires to continue to act as fiscal agent for the Emanuels Jones contract in 2011 and 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Interim City Manager to execute an agreement with Emanuels Jones, in a form to be approved by the City Attorney, for calendar year 2011 for a fee of not to exceed Thirty Four Thousand and Six Hundred Dollars ($34,600) and for calendar year 2012 for a fee not to exceed Thirty Six Thousand and Three Hundred Dollars ($36,300). BE IT FURTHER RESOLVED that the City Council authorizes City staff to bill MCCMC members for their share of the contract. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the twentieth day of December 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i� G . � .�............... �.. ESTHER C. BEIRNE, City Clerk W AGREEMENT FOR LEGISLATIVE ADVOCACY SERVICES This Agreement is made and entered into this 4`h day of January, 2011 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DAVID JONES, D.B.A. EMANUELS JONES ASSOCIATES (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the Cities and Towns of Marin County ("CTMC"), by and through the Marin County Council of Mayors and Councilmembers ("MCCMC"), desire to retain CONTRACTOR to provide legislative advocacy activities and actions before the State legislature on their behalf; and WHEREAS, CONTRACTOR has the training and experience to provide, and is willing to provide, legislative advocacy activities and actions on behalf of the CTMC; and WHEREAS, CITY has agreed to be the lead agency for the CTMC for the purpose of entering into an agreement with CONTRACTOR to provide such legislative advocacy activities and actions on their behalf; and WHEREAS, the CTMC have agreed to jointly fund this agreement, on a pro rata basis as described in Exhibit "A" hereto, with CONTRACTOR for its provision of legislative advocacy services described herein. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Deputy City Manager and her staff are hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. David Jones is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Both CITY and CONTRACTOR understand and agree that CITY shall act as lead agency for CTMC and MCCMC, and the costs to be paid CONTRACTOR for services provided pursuant to this Agreement shall be provided by the CTMC on a pro rata basis as described in Exhibit "A" attached hereto and incorporated herein. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall: A. Pro,, ide consulting services as a lobbyist on pertinent municipal matters on behalf of the Cities and Towns of Marin County, through the MCCMC. DUPLICATE 0RI IN A L B. Report CONTRACTOR's lobbying activities as required by the California Fair Political Practices Act and Commission ("FPPC"), including preparation of form 635 and other required forms. C. Certify that employees and/or entities are properly registered, licensed or certified pursuant to law to perform the tasks described herein. 3. DUTIES OF CITY. CITY shall pay to CONTRACTOR compensation as follows: A. For the term of the Agreement, no more then $2,850 per month, billed monthly in advance, for CONTRACTOR's performance of this Agreement. B. Reimbursement of CONTRACTOR's direct costs for travel and FPPC filing fees, not to exceed $400 for the term of the Agreement. CONTRACTOR understands and agrees that it shall not incur any additional expenses on behalf of CITY, the Cities and Towns of Marin County or the MCCMC, and that CITY, the MCCMC and the Cities and Towns of Marin shall not be responsible for any obligations of an employer. Specifically, CONTRACTOR shall furnish his own means of transportation (when not required by CITY to travel), miscellaneous supplies and incidental expenses. Total compensation paid for services and expenses under this Agreement shall not exceed $34,600 for 2011. The 2012 contract amount shall not exceed $36,300. 4. TERM OF AGREEMENT. The term of this Agreement shall be for two years, commencing on January 1, 2011 and ending on December 31, 2012. TERMINATION. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 6. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of three hundred thousand ($300,000) dollars per occurrence. B. The insurance coverage required shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to City. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. 7. INDEMNIFICATION. CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 9. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 10. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Ms. Nancy Mackle Deputy City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. David Jones dba Emanuels Jones Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916)444-6789 11. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 12. ENTIRE AGREEMENT -- AMENDMENTS.. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL JIM S Z' Ini ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. IP S T Et City A orney EMANUELS JONES ASSOCIATES CONTRACTOR By: David Jones, sident