HomeMy WebLinkAboutED Legislative Advocacy Services 2010Agenda Item No: 4
Meeting Date: March 1, 2010
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SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Stephanie Lovette,14u City Manager Approval:_
Economic Development Coordinator
SUBJECT: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE
ADVOCACY SERVICES IN AN AMOUNT NOT TO EXCEED $34,600
RECOMMENDATION: Authorize the City Manager to enter into a contract with Emanuels Jones
& Associates.
BACKGROUND: Since 1998, the eleven Cities and Towns in Marin have contracted for
legislative advocacy services with Emanuels Jones through the auspices of the Marin County
Council of Mayors and Councilmember's ("MCCMC"). Emanuels Jones also represents the CA
Redevelopment Association.
ANALYSIS: Emanuels Jones reviews all legislative bills for their impact on Marin and takes action
of specific proposals when directed by MCCMC. Attachment B, the letter from David Jones,
provides information on 2008 and 2009 activities of behalf of Marin County.
FISCAL IMPACT: The cost of the contract is split amongst the jurisdictions, with the exception
of Fairfax, based on a formula that equally weighs population and assessed valuation. San Rafael
has and will continue to be the fiscal agent for this contract. The annual cost to San Rafael will not
exceed $12,000.
OPTIONS: The City Council may choose to:
1) Adopt the Resolution approving the contract with Emanuels Jones as presented
2) Alter the terms of the contract
3) Refuse to adopt the Resolution
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.
ATTACHMENTS: Draft contract, Letter from Emanuels Jones, Draft cost allocation
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
EMANUELS JONES & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES IN
AN AMOUNT NOT TO EXCEED $34,600
WHEREAS, on February 22, 2010 the Marin County Council of Mayors and
Councilmember's ("MCCMC") Legislative Committee approved entering into an agreement with
Emanuels Jones & Associates for professional legislative advocacy services in 2010; 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 2010
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the
City Manager to execute an agreement with Emanuels Jones for calendar year 2010, retroactive
to January 1, 2010, for a fee of not to exceed Thirty Four Thousand and Six Hundred Dollars
($34,600), in a form to be approved by the City Attorney.
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 first day of March 2010, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
AGREEMENT FOR LEGISLATIVE
ADVOCACY SERVICES
This Agreement is made and entered into this 2nd day of March, 2010 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. 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 ("FPPC") , including preparation of form 635 and other required forms.
EXHIBIT A
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 $2,850.00 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 $34,600.00.
4. TERM OF AGREEMENT.
The term of this Agreement shall be for one year, commencing on January 1, 2010 and ending on
December 31, 2010.
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.
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
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 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
KEN NORDHOFF, City Manager
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
Rob Epstein, City Attorney
CONTRACTOR
David Jones, President
W:\Redevelopment- WorkFileTEGISLATIONTOBBYIST CONTRACT-FI'MEmanuels Agreement 2010.doc
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AND ASSOCIATES
LEGISLA"rIVG ADVOCACY
GOVERNMENTRELATIONS
TO: Terri Hardesty, Assistant City Manager, San Rafael
Alice Fredericks, Leg Chair
Marin County Council or Mayors & Council Members
DATE: January 12, 2010
RE: Recap of 2008/2009 Legislative Activities
Request for renewal of contract for 2008
FROM: David A. Jones, Emanuels Jones & Associates (EJA)
Contract Renewal:
By this letter we wish to indicate our strong continued interest in renewing the professional
services contract for state legislative advocacy with the City of San Rafael on behalf of the Marin
County Council or Mayors and Council Members (MCCMC) for the period of January 2010
through December 31" 2011.
EJA has enjoyed our relationship with MCCMC and looks forward to continuing to serve you
and your communities. Since 2007 our contract has authorized us to bill $33,600 in lobbying
fees and up to $1000 in lobbying expenses for a total of $34,600. These expenses include costs
associated with filing of your reports for the FPPC (if any).
In 2010, we propose a reduction in our expenses and a modest increase in our fees. We ask that
you approve a contract for lobbying fees of $34,200 billed monthly and up to $400 in travel and
FPPC expenses, billed quarterly, for a total contact amount not to exceed $34,600.
We would again like to enter into a two year agreement with the same lobbying and expense
rates for 2011.
Recap of 2008 and 2009 Activities
2008
"Doyle Drive" funding, toll proposal
San Quentin sale
Group home:
Sponsorship of AB 2903 (Huffman) - Failed passage in Senate Health Committee
1 4 0 0 K S T R E E T
SUITE 306, SACRAMENTO {�
CALIFORNIA 95814 Exhibit B
TEL: 916.444.6789
FAX' 916.441 0303
Page two
January 12, 2010
Storm Water Funding:
Support SB2X 1 (Perata) which includes $20 for Marin — Passed.
Oil Spill Bills enacted:
AB 1960 -- Nava (D) -- Oil Spill Contingency Plans — Oil Production Facilities
AB 2031 -- Hancock (D) -- Oil Spill Prevention and Response
AB 2911 -- Wolk (D) -- Oil Spill Prevention and Response: Wildlife
AB 2935 -- Huffman (D) -- Oil Spill Prevention and Response
SB 1093 -- Wiggins (D) -- San Francisco Bay Water Emergency Transportation
SB 1739 -- Simitian (D) -- Oil Spill Contingency Plan
2009
San Quentin sale
State Budget Cuts
Lobbied to protect cuts to: Prop I borrowing, Highway User Tax Account (HUTA),
Redevelopment cuts.
Group Home
AB 1284 (Huffman) - Substance Abuse: Adult Recovery Maintenance Facilities — Held on
Suspense file
AB 268 (Harman) — Alcoholism or Drug Abuse Recovery Facilities: Licenses — 2 -year bill
BILLS THAT MAY HAVE UNIQUE IMPACTS TO MARIN -- EJA reviews all proposed
legislation and transmits those that may be of unique interest to MCMCC. We ask that MCMCC
use an internal process to decide whether or not to take a position on any bill. That process may
include sending the bill for review to appropriate city staff such as Environmental Health
Officers, Planning and Zoning, Utilities, Redevelopment, Public Works and\or City Attorneys.
EJA will take action on legislative proposals when given a position or directed by MCMCC.
Other issues of interest which were tracked, monitored, or acted upon by EJA on behalf of
MCCMC:
Funding request for the Marin Clinic
Density Bonus law revisions
Pension Reform
Funding for the Marin Narrows on 101
San Quentin Prison
Regional Housing Needs Assessment
Bond funding including local streets and roads allotments
Relationship .building:
- EJA continues to work closely with Senator Leno's and Assembly member Huffman's offices
to raise MCCMC presence legislatively. EJA meets regularly with Leno's and Huffman's staffs
or key legislative issues and priorities of MCCMC.
Page three
January 12, 2,010
- EJA coordinates activities with the League of California Cities during Legislative Action days.
Our office attends and assists with key briefings during the event.
- EJA continues to work closely with Marin County's legislative advocate and meets regularly to
coordinate effective joint advocacy where ever possible. In addition we also work with the
Marin County Office of Education in the same regard.
2010 Priority Issues and Proposed Actions
- EJA will continue to track and respond to and act upon items and issues of interest to the
MCCMC.
- EJA will respond to legislative inquires and provide timely communications on breaking issues
of interest to MCCMC.
- EJA will assist the Legislative Committee in formulating an agenda for action in the upcoming
session.
- EJA will be available for legislative conference calls to provide the committee up to date
reports on key issues.
- EJA will monitor and advocate on items implementing the Bond Package to assure Marin
Cities are best positioned for funding opportunities.
- EJA will provide other assistance as needed and identified by MCCMC as they arise.
Priority Issues EJA sees for the MCCMC
State Budget Crisis: EJA will actively defend city revenues from revenue raids anticipated as
part of the :state budget process. The booking fee subvention to county jails will be particularly
important to protect in the current year and next year budget.
Bond Funding: EJA will seek all opportunities to find resources to benefit the members of the
MCCMC.
AB32, Global Warming Implementation: EJA will alert and update MCCMC on implementation
activities and will promote and protect MCCMC's goals.
Sincerely,
ax-J.
A. Jon
President /
President
Emanuels Jones & Associates
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