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HomeMy WebLinkAboutCC Resolution 11674 (Legislative Advocacy Services; Emanuels Jones)RESOLUTION NO. 11674 A RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO RENEW THE CONTRACT 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, 2005 THROUGH DECEMBER 31, 2005 WHEREAS, the state legislature continues to erode local control and take away millions of dollars from municipalities; and WHEREAS it is necessary for the cities and towns in Marin County to continue to maintain an active presence in Sacramento; 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 $30,000, and in a form to be approved by the City Attorney. I, JEANNE M. LEONCINI, 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 6th day of December, 2004 by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JEANE M. LEONCINI, City Clerk �� b AGREEMENT FOR LEGISLATIVE ADVOCACY SERVICES This Agreement is made and entered into this 11th day of January, 2005 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DAVID JONES, D.B.A. EMANUELS JONES ASSOCIATES (hereinafter "CONTRACTOR"). 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. NOW, THEREFORE, the parties hereby agree as follows: 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. 1 M1161 UrKel► •: 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. CITY shall pay to CONTRACTOR compensation as follows: A. for the term of the Agreement, no more then $2,500.00 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 $1,000.00 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 compensation paid for services under this Agreement shall not exceed $30,000.00. The term of this Agreement shall be for one year, commencing on January 1, 2005 and ending on December 31, 2005. 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. 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. 2 1►1� ul► 1 • ► 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. 8. hK)-tt )T.4C'.RTMTNATTC)N. 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. No I I I I• ul' 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. NOTTC'F.R. 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. Lydia Romero Assistant to the City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. David Jones D.b.a. Emanuels Jones Associates 1400 K Street, Suite 306 Sacramento, California 95814 (916) 444-6789 101I 0 1 IN SON WrerelokY 011 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. 3 01 N I 1.4 a MILVA1110 1 - ►d 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 r ROD GOULD, City Manager ATTEST: i1 J ANNE M. LEONCINI, City Clerk CONTRACTOR t David Jones wAcity managers- workfile\m.c.c.m.c\legislative committee\emanuels agreement 2005.doc 4 ACORD CERTIFICA`I E OF LIABILITY INSURA..CE I DATE 09/30/2004) PRODUCER (916)286-5960 FAX (916)646-3996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pan American Underwriters Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Li c #0132491 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 13792 Sacramento, CA 95853 INSURERS AFFORDING COVERAGE NAIC # INSURED Emanuel s Jones & Associates INSURER A: Maryland Casualty c/o Kathy Curtis, INSURER B: 1400 K Street Ste 306 INSURER C: Sacramento, CA 95814 I INSURER D: J INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MUDD TYPE OF INSURANCE POLICY NUMBER LTR<J,SR� POLICY EFFECTIVE POLICY EXPIRATION DAT IMM/ODM'1 DATE IMMIDD/YY1 LIMITS I GENERAL LIABILITY PASO42625419 1001/2004 10/01/2005 EACH OCCURRENCE $ 1,000,000 ) COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED MISFc�i $ 11000,000 CLAIMS MADE F3�] OCCUR nrruranrn) MED EXP (Any one person) $ 10,000 A I PERSONAL & ADV INJURY I $ 1,000,000 GENERAL AGGREGATE I $ 29000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG I S 2,000,000 POLICY n JET n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I $ ANYAUTO PASO42625419 10/01/2004 10/01/2005 (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGEI $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT IS ANY AUTO OTHER THAN EA ACC AUTO ONLY: Ij $ AGG I $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE Is —1 OCCUR F � CLAIMS MADE AGGREGATE Is Is DEDUCTIBLE I I $ RETENTION $ I I $ WORKERS COMPENSATION AND IWC TtAM TS I IDFR TH-1 EMPLOYERS' LIABILITY E.L. EACH ACCIDENT I $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I E.L. DISEASE - EA EMPLOYED $ If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ..ertificate holder is named as Additional Insured per form CG2010 with respects to general liability arising out of the work performed by the insured. tsent on 1/31/05 `r10 Day Notice of Cancellation for non-payment of premium CERTIFICATE HOLDER City of San Rafael/MMCM/C Attn: Lydia Romero Assistant to the City Manager 1400 Fifth Ave., San Rafael, CA 94915 ACORD 25 (2001/08) / CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '°30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATI�I(F�'� ©ACORD CORPORATION 198E POLICY NUMBER: PASO42625419 COMMERCIAL t..ENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Rafel/MMCM/C Attn: Lydia Romero Assistant to the City Manager 1400 Fifth Ave., San Rafael, California 94915 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section I1) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)