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.
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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.
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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
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