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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. fir.,, rN „„ 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 V �►ty NORDHOFF, Ci kailager I APPRO;VED,A:S TUTORM: Robert F. Epstein, City Attorney CON'. David ATTEST: Esther Beime, City Clerk