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HomeMy WebLinkAboutCM Legislative Analysis Services for MCCMCc�ry of `I Agenda Item No: 3 e Meeting Date: October 3, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Nancy Mackle�"�City Manager Approva0i W SUBJECT:RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE YEAR AGREEMENT WITH DANE WADLE, DBA CITYVIEW CONSULTING, FOR LEGISLATIVE ANALYSIS SERVICES FOR MCCMC IN AN AMOUNT NOT TO EXCEED $7,000, FOR THE PERIOD NOVEMBER 1, 2011 THROUGH OCTOBER 31, 2012. RECOMMENDATION: Authorize the City Manager to enter into a contract for legislative analysis services on behalf of MCCMC. DISCUSSION: For many years, the eleven Cities and Towns in Marin have worked together through the Marin County Council of Mayors and Councilmember's ("MCCMC") Legislative Committee to discuss legislative bills and their impact on Marin. Over these years, staff from various cities, most often San Rafael, have provided the staff time necessary for legislative tracking, analysis, and letter writing for the Legislative Committee to carry out its charge. This legislative analysis is completed in coordination with MCCMC's legislative advocate, the firm of Emanuel Jones, and in concert with the League of California Cities. With recent staffing reductions in many cities, there is a lack of staff available to continue the Legislative Committee work. On June 22, 2011, MCCMC voted to contract for these services, and divide the costs evenly among all members. Similar to the manner in which we collectively pay for the contract with Emanuel Jones, the City of San Rafael will enter into this contract, pay the invoices, and bill the other communities for their fair share. Dane Wadle has extensive State and League of California Cities experience and has been determined to be qualified for this contract. FISCAL IMPACT: The cost of the contract will be split amongst the jurisdictions equally. San Rafael will be the fiscal agent for this contract. The total cost of the contract shall not exceed $7,000 for the term of the contract. It is expected that there will be two months per year with no activity, and the other months will vary in hours required. The contract will be paid in equal monthly payments. The annual cost to San Rafael and other jurisdictions will not exceed $700. ACTION REQUIRED: Staff recommends the Council adopt the Resolution and authorize the City Manager to enter into the contract, with applicable contract alterations as approved by the City Attorney's office. ATTACHMENTS: Draft professional services agreement FOR CITY CLERK ONLY Fite No.: 1 Council Meeting:e , ; rf Disposition: t> - CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 13242 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE YEAR AGREEMENT WITH DANE WADLE, DBA CITYVIEW CONSULTING, FOR LEGISLATIVE ANALYSIS SERVICES FOR MCCMC IN AN AMOUNT NOT TO EXCEED $7,000 FOR THE PERIOD NOVEMBER 1, 2011 THROUGH OCTOBER 31, 2012. WHEREAS, on June 22, 2011 the Marin County Council of Mayors and Councilmember's ("MCCMC") approved contracting for legislative analysis services to support the MCCMC Legislative Committee and to share equally in the costs of such services; and WHEREAS, the City of San Rafael (the "City") is a member of MCCMC, and desires to act as fiscal agent for the legislative services contract for the period November 1, 2011 through October 31, 2012; and WHEREAS, Dane Wadle, dba Cityview Consulting, has the skills and expertise necessary to provide the legislative analysis services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute an agreement with Dane Wadle, dba Cityview Consulting, in a form to be approved by the City Attorney, for a fee not to exceed Seven Thousand Dollars ($7,000). 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 third day of October 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT FOR LEGISLATIVE ANALYSIS SERVICES This Agreement is made and entered into this �" day of O kA4A,-1011 by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DANE WADLE, D.B.A. CITYVIEW CONSULTING (hereinafter "CONTRACTOR"). WHEREAS, the Cities and Towns of Marin County, by and through the Marin County Council of Mayors and Councilmembers ("MCCMC"), desire to retain CONTRACTOR to provide legislative analysis activities on their behalf, and WHEREAS, CONTRACTOR has the training and experience to provide, and is willing to provide, legislative analysis activities and actions on behalf of the MCCMC Legislative Committee; and WHEREAS, CITY has agreed to be the lead agency for the purpose of entering into an agreement with CONTRACTOR to provide such legislative analysis; and WHEREAS, the MCCMC members have agreed to jointly fund this agreement. 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. Dane Wadle is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Both CITY and CONTRACTOR understand and agree that CITY shall act as lead agency for MCCMC, and the costs to be paid CONTRACTOR for services provided pursuant to this Agreement shall be provided by the member jurisdictions of the MCCMC, on a equal basis, upon invoicing by the CITY. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall provide services in accordance with Exhibit A. It is expected that services shall not be required for two months of the year, when State legislative activities are not underway, and the hours required will vary each of the other months of the year. 3. DUTIES OF CITY. CITY shall pay to CONTRACTOR compensation as follows: A. For the term of the Agreement, not to exceed $7,000 per year, paid monthly, for CONTRACTOR's performance of this Agreement. ORIGINAL 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. 4. TERM OF AGREEMENT. The term of this Agreement shall be for one year, commencing on November 1, 2011 and ending on October 31, 2012. 5. TERMINATION. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other parry. 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. 8. 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. y; 2 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 City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Mr. Dane Wadle dba Cityview Consulting 700 Moon Circle #733 Folsom, CA 95630 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. 3 CITY OF SAN RAFAEL -X"co W"�� - NANCY MAC�LE, City Manager ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney CITYVIEW CONSULTING CONTRACTOR By: Dane Wadle MCCMC LEGISLATIVE COMMITTEE Legislative Analyst Duties Attend Monthly MCCMC Leeislation Committee meeting. The meetings are currently the fourth Monday of the month 8:00 am at San Rafael City Hall. General duties of the Letzislative Analyst: • Keeping abreast of legislation & ballot measures • Preparing Committee Agenda • Drafting position letters for Committee Chair • Liaison with local office of the Marin Assembly member and Senator • Liaison with Congressional representatives Agenda Preparation and Distribution ■ Prepare list of potential bills of interest with League position and position of Marin County and/or Marin Town/City. Responsibility: League rep for League bills and lobbyist for non League bills. ■ Using above bill list, prepare the draft agenda in conjunction with the Lobbyist, League Rep, staff of the Assembly member and Senator and MCCMC committee members. The agenda should include information on priority bills or "hot" bills, which require urgent action, along with bill titles and descriptions, summaries (if available), as well as League Committee analyses (if available) and a URL for full text of bills on-line. (When agendas are sent out, committee members will be - provided a URL in lieu of copies of the bills themselves.) Responsibility: League rep or City rep. ■ Gather information on upcoming League & MCCMC meetings to be included on agenda. Responsibility: Chair's staff ■ Forward draft agenda 10 calendar days prior to the meeting to the Chair for review agenda & approval. Responsibility: same as above. ■ Send out final agenda via e-mail to Committee Distribution List (all the parties listed above) the Tuesday before the meeting, along with attachments and a URL to actual bills. Responsibility: same as above. ■ Attend monthly meetings and prepare minutes of meetings to distribution to committee. All minutes to be approved by the Chair prior to distribution. Responsibility: Chair's staff ■ Set up meeting location and phone connection to lobbyist. Responsibility: Chair's staff Letters in Support/Opposition ■ Research and prepare draft letters for approval by the Chair. Letters should include Marin specific information where possible. Contact staff regarding potential impact on individual city/town. Contact Marin County leg staff when necessary. Responsibility: League rep for League bills and City staff/lobbyist for non League bills. EX I I1 31T A The League Rep typically provides sample letters for the Committee's purposes. If such a letter is provided, Staff will obtain and dispatch it to the Chair for signature within 3 working days. Letters will be sent out to the legislators no later than S calendar days after the meeting, or sooner for urgency matters, if at all possible. ■ Obtain chairs signature in letters. Responsibility: Chair's staff. ■ Prepare PDF of signed letter and distribute to League of California Cities, MCCMC lobbyist, bill author, Local Assembly member and Senator, Legislative Committee, & Governor's office. Committee positions on initiatives should also be provided to Initiative author or committee. Responsibility: Chair's staff to distribute letters. The League Representative will supply contact information for the relevant legislators and other designated recipients. ■ Keep a file of all final, signed letters. Responsibility: Chair's staff. Liaison with Elected officials in Sacramento and Washington ■ Regular contact with local offices of Assembly member and Senator ■ Contact with CA Congressional representatives when necessary EXHIBI t M MCCMC LEGISLATIVE COMMITTEE Legislative Analyst Duties Attend Monthly MCCMC Legislation Committee meeting. The meetings are currently the fourth Monday of the month 8:00 am at San Rafael City Hall. General duties of the Legislative Analyst: • Keeping abreast of legislation & ballot measures • Preparing Committee Agenda • Drafting position letters for Committee Chair • Liaison with local office of the Marin Assembly member and Senator • Liaison with Congressional representatives Agenda Preparation and Distribution ■ Prepare list of potential bills of interest with League position and position of Marin County and/or Marin Town/City. Responsibility: League rep for League bills and lobbyist for non League bills. ■ Using above bill list, prepare the draft agenda in conjunction with the Lobbyist, League Rep, staff of the Assembly member and Senator and MCCMC committee members. The agenda should include information on priority bills or "hot" bills, which require urgent action, along with bill titles and descriptions, summaries (if available), as well as League Committee analyses (if available) and a URL for full text of bills on-line. (When agendas are sent out, committee members will be provided a URL in lieu of copies of the bills themselves.) Responsibility: League rep or City rep. ■ Gather information on upcoming League & MCCMC meetings to be included on agenda. Responsibility: Chair's staff ■ Forward draft agenda 10 calendar days prior to the meeting to the Chair for review agenda & approval. Responsibility: same as above. ■ Send out final agenda via e-mail to Committee Distribution List (all the parties listed above) the Tuesday before the meeting, along with attachments and a URL to actual bills. Responsibility: same as above. ■ Attend monthly meetings and prepare minutes of meetings to distribution to committee. All minutes to be approved by the Chair prior to distribution. Responsibility: Chair's staff ■ Set up meeting location and phone connection to lobbyist. Responsibility: Chair's staff Letters in Support/Opposition ■ Research and prepare draft letters for approval by the Chair. Letters should include Marin specific information where possible. Contact staff regarding potential impact on individual city/town. Contact Marin County leg staff when necessary. Responsibility: League rep for League bills and City staff/lobbyist for non League bills. EXHIBIT A The League Rep typically provides sample letters for the Committee's purposes. If such a letter is provided, Staff will obtain and dispatch it to the Chair for signature within 3 working days. Letters will be sent out to the legislators no later than 5 calendar days after the meeting, or sooner for urgency matters, if at all possible. ■ Obtain chairs signature in letters. Responsibility: Chair's staff. ■ Prepare PDF of signed letter and distribute to League of California Cities, MCCMC lobbyist, bill author, Local Assembly member and Senator, Legislative Committee, & Governor's office. Committee positions on initiatives should also be provided to Initiative author or committee. Responsibility: Chair's staff to distribute letters. The League Representative will supply contact information for the relevant legislators and other designated recipients. ■ Keep a file of all final, signed letters. Responsibility: Chair's staff. Liaison with Elected officials in Sacramento and Washington ■ Regular contact with local offices of Assembly member and Senator ■ Contact with CA Congressional representatives when necessary EXHIBIT A INSTRUCTIONS: DEPARTMENT DATE: r)ECFfl CITY OF SAN RAFAEL r ge ROUTING SLIP / APPROVAL FC� USE THIS FORM WITH EACH SUBMITTAL OFA CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. _Nancy Mackie CM 9/26/11 SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: _10/3/11 TITLE OF DOCUMENT: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE YEAR AGREEMENT WITH DANE WADLE, DBA CITYVIEW CONSULTING, FOR LEGISLATIVE ANALYSIS SERVICES FOR MCCMC IN AN AMOUNT NOT TO EXCEED $7,000, FOR THE PERIOD NOVEMBER 1, 2011 THROUGH OCTOBER 31, 2012. (note: I am intentionally putting this on agenda even though it's only $7000 since other cities are involved — I want something in the record. Also, am considering this a draft agreement until I hear from CA Office on insurance. Contractor is out of country for next three weeks, so will finalize and get contract signed then.) Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (signature) City Attorney (signature)