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HomeMy WebLinkAbout08/03/2001, C5 - CONTRACT FOR CITY ADVOCACY IN SACRAMENTO 4 council j acEnaa REpoRt C s CITY O F SAN LUI S O B I S P O FROM: Wendy George, ACAO k9l Prepared By: Betsy DeJamette, Assistant to the CAO SUBJECT: CONTRACT FOR CITY ADVOCACY IN SACRAMENTO CAO RECOMMENDATION: Approve contract with Michael J. Arnold and Associates in the amount of$37,800 for legislative advocacy services in Sacramento and authorize the Mayor to execute the contract. DISCUSSION Since March, 2000, the City has contracted with Michael J. Arnold and Associates to provide legislative advocacy services in Sacramento. Specifically, the advocate has been retained to provide the following assistance to the City: 1. Achieve smoother permit processing through State agencies, including more timely resolution of problems. 2. Provide assistance on key water and wastewater issues. 3. Enhance City funding through greater grant and loan program awareness and success. 4. Obtain funding through special legislation for priority projects. 5. Working with our legislators and the league of California Cities, obtain greater assistance in the state legislative process, particularly with bills introduced on behalf of or that impact the City of San Luis Obispo. Over the past year, the services of Arnold and Associates have been a benefit to the City in connection with external relationships with organizations such as the Union Pacific Railroad (UPRR) and Fish and Game. With their assistance, the City successfully negotiated issues with UPRR relating to bicycle paths. It is anticipated that the relationship Arnold and Associates has with,the legislative office of the UPRR will be of continued assistance during the 2001-02 contract period. Additionally, Arnold and Associates has provided consistent and timely information on grant programs and key legislation impacting the City. This next year, advocacy will be particularly important as the City deals with complex water and wastewater issues. Because of their working knowledge of City public policy goals and their familiarity with issues specific to City projects, staff recommends that the services of Arnold and Associates be continued through June 30, 2002. However, staff feels that before continuing this contract on a longer term basis, we need to utilize the services of Arnold and Associates more effectively than in the past. To do so, we arranged for Mr. Arnold to meet with City staff and Council members so that he becomes even more aware of the City's needs and staff becomes C s-/ Council Agenda Report--Contract for City Advocacy in.Sacramento Page 2 more comfortable with accessing the support that he can provide. At the end of the contract term staff will evaluate the effectiveness of this hopefully more aggressive use of Arnold and Associates' services and, based on the outcome of that evaluation may recommend extending the contract an additional year. FISCAL IMPACT The cost of representation is $3,000 per month, plus expenses (duplication, travel, telephone calls, etc.), estimated at no more than $150 per month. Accordingly, the contract is for $37,800 for fiscal year 2001-02. Half of this amount has been budgeted from General Funds, one fourth from the Water Fund and one fourth from the Sewer Fund, as follows: WW General Fund 18,900 Water Fund 9,450 Sewer Fund 9,450 Total Operating Costs $37,800 Council approved $37,800 in the 2001-02 Budget (Appendix A, pgs.100-101) for legislative advocacy services. ATTACHMENTS Agreement C 5-2 ATTACHMENT 9 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and MICHAEL J. ARNOLD AND ASSOCIATES, INC., hereinafter referred to as Contractor. WITNESSETH: WHEREAS,the City wishes to hire a provider of legislative advocacy services on its behalf,and WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1,2001,until June 30,2002. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City will: A. Compensate Contractor in monthly sum of$3,000.00 to be paid in advance on the first day of each month during the term of this contract. B. Reimburse Contractor for expenses incurred when traveling at the request of the City. C. Reimburse Contractor for expenses incurred in connection with the pursuit of the City's positions. Reimbursement made pursuant to this paragraph shall not exceed $150.00 per month. D. Provide Contractor with technical assistance on issues of interest to the City. 3. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services.as set forth in Exhibit A attached hereto and 'incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. ATTACHMENT 1 1 _ Agreement Page 2 5. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement,understanding, or representation be binding upon the parties hereto. 6. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Michael J.Arnold and Associates,Inc. 1127 Eleventh.Street Suite 820 Sacramento,CA 95814 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR u By: JOAey Michael J.Arnold C � _rT b i t IN SCOPE OF SERVICES To Be Provided to The City of San Luis Obispo by Arnold&Associates 1. Seek to achieve the public policy goals of the City, as directed by the office of the City Administrative Officer. 2. Provide a full range of advocacy services to influence the outcome of legislative and administrative actions affecting the interests of the City, especially with respect to permits needed for City projects. 3. Provide consultation to the City on the development and implementation of a legislative program,including the pursuit of funding for projects of special importance to the City. 4. Assume full responsibility for the development and implementation of legislative strategies and activities including utilization of resources committed to the legislative process. 5. Review all bills introduced in the California Legislature and inform the City of all legislation affecting the City's interest. 6. Act as an official representative of the City with the California State Legislature and various governmental agencies,commissions and persons involved in governmental affairs affecting the City. 7. Perform duties customarily performed by legislative advocates and governmental affairs_ representatives on behalf of the City to the best of its ability, experiences and expertise. 8. Provide the City with periodic status reports governing activities relating to the performance under the terms and conditions of this contract. 9. Assume full responsibility for preparation of reports required from lobbyists pursuant to the Fair Political Practices Act. C S-S Exhibit B CONTRACT PERFORMANCE TERMS 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Contractor wan-ants that it possesses,or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to cant' out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations-and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices,shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall,at its expense and without cost to the City, furnish, erect and maintain such fences,temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City,to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of thi's work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ,to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the C S—� E�ibit {5 Exhibit B:Contract Performance Terms Page B-2 time of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify,protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, ofcers or employees, in performing the work or services herein, and all expenses of investigating and defending against sauce;provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. 17. Contract Assignment. Contractor shall not assign, transfer,convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity.of any kind without the previous written consent of the City. 18. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties,obligations,responsibilities,or rights under the contract. C�=7 - b:i Exhibit B:Contract Performance Terms Page B3 In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 19. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 22. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives,employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • Business Liability: $1,000,000 per accident for bodily injury or disease. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either. the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. C� Exhibit B:Contract Performance Terms Page B-4 d. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AN-H. e. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. CS� �IFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURAMCIE FUN® CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JULY 19, 2001 GROUP: POLICY NUMBER: 744268-2001 CERTIFICATE ID: 9 CERTIFICATE EXPIRES: 04-01-2002 04-01-2001/04-01-2002 CITY OF SAN LUIS OBISPO ATTN: BETSY DE JARNETTE 990 PALM STREET SAN LUIS OBISPO CA 93401 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject.to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,tern or condition of any contractor other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE EMPLOYER MICHAEL J.. ARNOLD & ASSOCIATES, INC. (A CORP) 1127 11TH ST STE 820 SACRAMENTO CA 95814 SCIF 10265 [EPF•UI:LM] C S'/D