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HomeMy Public PortalAbout2014.056 (04-01-14)RESOLUTION NO. 2014.056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LEGISLATIVE ADVOCACY GROUP, INC. TO CONTINUE TO PROVIDE PROFESSIONAL ADVOCACY SERVICES FOR THE CITY AT A MONTHLY RETAINER FEE OF $5,000 EFFECTIVE APRIL 1, 2014 WHEREAS, Legislative Advocacy Group (LAG) is the City's contracted lobbyist firm, which represents the City at the State, regional, and local levels in order to promote and advance the legislative goals and interests of the City; and I WHEREAS, since 2005, LAG has been providing professional lobbying services to the City on a year -to -year agreement basis and performing specific legislative goals as directed by each year's Agreement; and WHEREAS, on June 18, 2013, the City Council renewed the Agreement with Legislative Advocacy Group (LAG) to continue providing professional advocacy services on behalf of the City for one additional year; and WHEREAS, the City desires to amend the current contract with LAG to provide professional lobbying and advocacy services at the State, regional, and local levels and increase their monthly retainer fee from $3,000 to $5,000 effective April 1, 2014; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council authorizes the Mayor to amend and execute a new Agreement with Legislative Advocacy Group to continue to provide professional lobbying and advocacy services for the City approved as to form by the City Attorney. Section 2. The term of the amended Agreement for consulting services will be effective April 1, 2014. Section 3. The City Council authorizes the City Manager, or Designee, to make the necessary budget adjustments in the following accounts and in the City's financial system to reflect appropriate changes to the FY 14 Adopted Budget. Amount: $6,000 From: General Fund Reserves To: 1011.30.275.62015 Section 4. This Resolution shall become effective immediately upon its adoption. Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1St day of April, 2014. ATTEST: ly aria Qui l nonez, City Clerk APPROVED AS TO FORM: D vid A. Garcia, 6ty Attorney Aide Castro, Mayo APPROVED AS TO CONTENT: I . 4- Sarah M. Withers, City Manager i Amanda Roberson, Director of Finance STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 1St day of April, 2014. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, ty Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2014.056 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1St day of April, 2014. CONSULTING SERVICES AGREEMENT This AGREEMENT, hereinafter referred to as "Agreement" is made by and between the CITY OF LYNWOOD, hereinafter referred to as "the CITY ", and LEGISLATIVE ADVOCACY GROUP, hereinafter referred to as "CONSULTANT," and further collectively referred to as the Parties. RECITALS WHEREAS, Legislative Advocacy Group "CONSULTANT ", is certified by the State of California as a registered lobbying firm; WHEREAS, the CITY desires to retain CONSULTANT to provide professional services at the State, regional and local levels to advance the City's interests; and WHEREAS, the CITY will identify specific projects in which the CITY desires CONSULTANT to develop effective legislative and legal strategies to accomplish identified goals for the term of the Agreement. NOW, THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: CONSULTANT SERVICES The CITY is entering into this Agreement with CONSULTANT to provide professional services on behalf of the CITY. Such services include, but are not limited to, notifying staff of pertinent changes in State law that may impact the CITY; identifying potential grant opportunities that will benefit the CITY; work and arrange meetings with our legislative representatives, special district officials, private sector partnerships and any other public entity representatives; as well as engage with members of the State Legislature in order to advocate for the CITY's positions and interests on various legislative issues and grants opportunities. Below are specific legislative and legal services to be fulfilled by CONSULTANT as desired by the CITY. The list is not deemed to be all inclusive, and may be changed at any time as authorized by the City Manager and /or his /her Designee. A. Pursue legislation and lobby State officials that will allow the City and Successor Agency to utilize the $20.3 million of the former LRA's unspent bond proceeds for vital housing and community projects. B. Community Development — Pursue legislation in this post - redevelopment era that will assist and give cities the tools to spur economic development, affordable housing projects, environmental remediation and community revitalization in our communities. 1 C. Continue to lobby and advocate for the State's Water Bond Proposal, which will free up millions of dollars for local agencies intended for vital water infrastructure improvement projects. D. Continue to lobby and advocate to the State and other park and recreational grant programs to award the City a grant to finance and construct a new, 1- acre park across from Burke -Ham Park; E. Limit financial impact of TMDL requirements; F. Pursue reimbursement of Ham Park replacement expenditures of $4.7 million; G. Pursue funding for new law enforcement technology and /or grant programs that will directly benefit the City; and H. Provide legal services related to lobbying projects. 1. CONSULTANT shall lobby aggressively at the State, regional or other local administrative offices and other organizations as necessary to pursue grants and /or any viable funding opportunities. CONSULTANT's responsibilities shall include proactively searching for potential legislative vehicles relating to the projects on the CITY's priority list and affecting the outcome of those proposals in a manner favorable to the CITY. 2. CONSULTANT shall prepare any bill language for legislative initiatives including bills as necessary and /or identify appropriate legislative or administrative vehicles (i.e. spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the CITY's objectives. 3. CONSULTANT shall, in accordance with the highest legal, ethical and professional standards, provide representation, information, and advice to the CITY regarding the CITY's objectives, as well as advocate for such matters in obtaining favorable decisions and outcomes in the legislative or executive branches of the State government and /or any other governing boards of any public agency. 4. Provide briefing and analysis on all pending and proposed legislation, policies and decisions by other local, regional, county, and State agencies that may affect the CITY. 5. Pursue funding from various propositions, grants and programs. CONSULTANT shall pursue funding sources that are important to the CITY. 6. CONSULTANT shall arrange appointments for the Mayor, City Council and relevant City staff with appropriate State officials, including various departments and agencies. Personal attendance by CONSULTANT shall be provided as such meetings. 7. CONSULTANT shall monitor and make recommendations on proposed grant applications to successfully secure funding. 2 8. Seek outside sponsorships and partnerships from various sources in both the private and public sector that will benefit both the CITY and community. 9. Monitor and analyze State budget impacts on the CITY. 10. CONSULTANT shall provide briefing and analysis to City staff on all accomplishments and lobbying strategies on a regular basis. CONSULTANT shall meet and confer with staff at least once a month, on the fourth Thursday of every month. 11. CONSULTANT shall represent the CITY in meetings or hearings with the State, regional or local agencies, boards, commissions, committees and other legislative bodies, as well as testify on behalf of the CITY as requested. 12. CONSULTANT shall provide the CITY a Year -End Report on all legislative accomplishments performed by lobbyist during the term of the Agreement. 13. CONSULTANT shall meet with City staff on a periodic basis and provide information of benefit. 14. CONSULTANT shall complete and file in a timely fashion all forms and reports required of lobbyists and lobbyist employers by the State and other relevant jurisdictions. Any penalties, fees, or charges related to untimely filing or completion of said reports shall be the sole responsibility of CONSULTANT except in cases where CITY is responsible for not responding to CONSULTANT'S request for execution of pertinent documentation. GENERAL TERMS AND CONDITIONS INDEPENDENT CONTRACTOR A. CONSULTANT is, and shall at all times remain as to CITY, a wholly independent contractor. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of CITY or otherwise act on behalf of CITY as an agent. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. B. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. In the event that CITY is audited by any requesting public agency regarding the independent contractor status of CONSULTANT and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between CITY and CONSULTANT, then CONSULTANT agrees to reimburse CITY for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and CONSULTANT's employees. CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of CONSULTANT to comply with applicable worker's compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section 1. COMPENSATION A. CITY agrees to compensate CONSULTANT for services under this Agreement in compliance with the schedule set forth: B. Payment to CONSULTANT pursuant to this Agreement shall not exceed $5,000 payable as a monthly retainer for legislative advocacy related services. C. Professional legal services as requested shall be billed to the CITY pursuant to the hourly compensation schedule based upon assigned personnel performing service: a) Senior Partner $210.00 per hour b) Senior Associate $180.00 per hour c) Associate $160.00 per hour d) Law Clerk/Paralegal $ 90.00 per hour D. Reimbursement for Costs Advanced. In addition, the CITY shall reimburse CONSULTANT for costs advanced in connection with the legal services provided by CONSULTANT Such costs shall include printing and copying expenses, costs for investigators or other experts, computer research, facsimile transmission, extraordinary travel expenses, parking charges, messenger and express delivery, and similar costs relating to legal services that are generally chargeable to a client. No individual cost in excess of $500.00 shall be incurred without the approval of the CITY MANAGER or their designee. GENERAL TERMS AND CONDITIONS The term of this agreement shall be effective April 1, 2014. Either Party may terminate this Agreement at any time by serving written notice on the other Party thirty (30) days prior to the effective date of such termination. In the event of termination, the CITY shall pay CONSULTANT such compensation as provided in the Agreement up to the time Notice of Termination is effective. PROFESSIONAL LIABILITY INSURANCE Il A. CONSULTANT warrants and represents that it is covered by a policy of professional liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate liability. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE CITY Sarah Magana Withers, City Manager City of Lynwood 11330 Bullis Road Lynwood, CA90262 CONSULTANT H. Francisco Leal, Owner Legislative Advocacy Group 3767 Worsham Avenue Long Beach, CA 90808 Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by mail. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT expressly agrees to indemnify, protect, defend and hold harmless the CITY and its officers, agencies and employees from and against any and all rights, claims, charges, demands, liabilities, damages, costs, fees, expenses, judgments, actions or losses of any kind or nature whatsoever which may be sustained or suffered by or secured against the CITY and its officers, agencies and employees arising out of the services rendered in this contract that is caused by a negligent act or omission or willful misconduct of CONSULTANT, its officers, agents or employees. WORK PRODUCT /REPORTS Any and all documents, reports, materials and any other work product prepared or developed by CONSULTANT under this Agreement, whether complete or not, are the property of the CITY and shall be turned over to the CITY promptly at the CITY's request or upon termination of the Agreement, whichever occurs first. The CITY shall designate in writing all information it believes to be confidential. CONSULTANT shall protect such information as it would protect its own proprietary information. RESOLUTION OF DISPUTES A. Disputes regarding the interpretation or application of any provisions of the Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. B. If any action, at law or in equity, is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorneys' fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions nevertheless will continue in full force and effect without being impaired or invalidated in any way. GOVERNING LAW This Agreement shall be governed by and enforced in accordance with the laws of the State of California. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that any representation, statement or promise by any party which is not contained in this Agreement shall not be valid or binding. Any modification of this Agreement shall be effective only if written and signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to .be executed and attested by their duly authorized and respective officers. r By: Date: Aide Castro, Mayor LEGISLATIVE ADVOCACY GROUP By: Date: H. Prifncisco Leal, Owner 0