HomeMy WebLinkAboutCC Resolution 12421 (Legislative Advocacy Services; Emanuels Jones)RESOLUTION NO. 12421
A RESOLUTION APPROVING AND AUTHORIZINGTHE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH EMANUELS JONES & ASSOCIATES FOR
LEGISLATIVE ADVOCACY SERVICES ON BEHALF OF THE MARIN COUNTY
COUNCIL OF MAYORS AND COUNCIL MEMBERS FOR THE PERIOD OF
JANUARY 1, 2008 THROUGH DECEMBER 31, 2009 IN AN AMOUNT
NOT TO EXCEED $69,800
WHEREAS, the state legislature continues to erode local control and take away
millions of dollars from municipalities; and
WHEREAS, it is necessary for the eleven cities and towns in Marin County to
continue to maintain an active presence in Sacramento in order to protect their revenue
sources and to maintain local control; and
WHEREAS, the Marin County Council of Mayors and Council Members have
agreed upon hiring Emanuels Jones & Associates for legislative advocacy in
Sacramento; and
WHEREAS, the other cities and towns in Marin County agree to pay the City of
San Rafael their pro rata share of the total cost of this agreement as shown as Exhibit
A, attached.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael authorizes the City Manager, on behalf of the City of San Rafael and the Marin
County Council of Mayors and Council Members, to enter into a contract with Emanuels
Jones & Associates for legislative advocacy services, in an amount not to exceed
$69,800.
I, Esther C. Beirne, 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
Council of said City on the 4th day of February 2008 by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Esther C. Beirne, City Clerk
AGREEMENT FOR LEGISLATIVE
ADVOCACY SERVICES
This Agreement is made and entered into this 4th day of February, 2008 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 Assistant to the City Manager is 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.
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2. DUTIES OF CONTRACTOR.
CONTRACTOR shall:
A. Provide consulting services as a lobbyist on pertinent municipal matters on
behalf of the Cities and Towns of Marin County, through the MCCMC.
B. Report CONTRACTOR's lobbying activities as required by the California Fair
Political Practices Act and Commission.
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 $2,800 per month, billed monthly
in advance, for CONTRACTOR's performance of this Agreement.
B. Reimbursement of CONTRACTOR's direct costs for telephone, duplication,
postage, legislative computer and bill services, not to exceed $2,000.00 for the term of the
Agreement.
C. Pay CONTRACTOR the cost of electronically filing FPPC forms an amount
not to exceed $600.00 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 of all
compensation and costs paid for services under this Agreement shall not exceed $69,800.
4. TERM OF AGREEMENT.
The term of this Agreement shall be for two years, commencing on January 1, 2008 and
ending on December 31, 2009.
5. 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's Risk Manager.
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.
COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local
laws, ordinances, codes and regulations, in the perfonnance 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. Terri Hardesty
Assistant to the City Manager
City of San Rafael
TO CONTRACTOR:
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
Mr. David Jones
D.b.a. Emanuels Jones Associates
1400 K Street, Suite 306
Sacramento, California 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 ten -ns 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
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NORDHOFF, Ci kailager
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APPRO;VED,A:S TUTORM:
Robert F. Epstein, City Attorney
CON'.
David
ATTEST:
Esther Beime, City Clerk