HomeMy WebLinkAbout9/12/2001 - STAFF REPORTS (10) i� R
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DATE: September12, 2001
TO: City Council
FROM: Director, Department of Procurement & Contracting
APPROVE CONTRACTING FOR PROVIDING LEGISLATIVE ADVOCACY SERVICES
RECOMMENDATION:
It is recommended that the City Council approve contracting with Smith, Kempton & Watts of
Sacramento, CA for providing Legislative Advocacy Services for a one-year period in the amount
of $45,000.00 and authorize the City Manager to execute the final negotiated contract in a form
approved by the City Attorney.
SUMMARY:
At the direction of the City Council a committee was formed to search for a lobbyist firm to provide
legislative advocacy services in order to represent the City's interests to legislative bodies and
executive agencies of the State of California. A qualifications-based selection process was
conducted resulting in the recommendation for award to Smith, Kempton & Watts.
BACKGROUND:
Request for Statement of Qualifications (RFQ) 2001-29 for Providing Legislative Advocacy
Services was mailed to 16 firms. Nine responses were received by the date and time set for
receipt of proposals.
After an initial screening fourfirms were interviewed resulting in the selection for recommendation
of the firm of Smith, Kempton and Watts.
Funds are available for this purpose in account number 001-1010-43200,City Council,Contractual
Services Account.
jirE. G OD
Director, Procurement & Contracting
APPROVED:
City Manager
Attachment: (1) Minute Order
Draft Agreement REVIEWED BYDEPT.OF FINANCE
f
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
LEGISLATIVE ADVOCACY AND GOVERNMENTAL AFFAIRS
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and
entered into this _ day of , 2001, by and between the CITY OF PALM
SPRINGS, a municipal corporation (herein "City") and SMITH, KEMPTON &WATTS (herein
"Contractor").
NOW, THEREFORE, the parties hereto agree as
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In complianC6 with all the teiripsbri d:condifi6ns of
this Agreement, the Contractor shall perform the work
rk or sei ces set forffi:h:th 6t6ope of
Services" attached hereto as Exhibit "A" and incoro&6tedlherein by refere:n:*:c::'Ip�'l�:'�`6ontractor
warrants that all work and services set forth in the S66pe;&.Services will be performed in a
competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services ,_rl ered hereunder shall
be provided in accordance with all ordinances;, 68clutions, stntdt 'rules, and regulations
of the City and any Federal, State or local gover. .me:tal agency. f
*cO petent jurisdiction.
1.3 Licenses, Permits,.,.. e s and'Assessrnerlts. Contractor shall obtain at
its sole cost and expense such licensbs, permits aridAPprovals as may be required by law
for the performance of the services,licenses,
this rp t is Agreement.
2.0 COMPENSATION.:,%,
2.1 Contract.Sum. For46 Ser e:%s rendered pursuant to this Agreement,
Contractor:!shal I be cQm.p,on, .ated in 1§68b@ahice with the "Schedule of Compensation"
attached:fi&WO as Exhi lt.`!T�:* ncof�nd i bi�ked herein by this reference, but not exceeding
the maxir*u* rn..:c I o.ritract dri4*buhf6f forty four thousand dollars (Contract Sum).
-2 in .........
Method 6f.P 6�&drit. Provided that Contractor is not in default under the
terms of this Adrib&ht Cont(bctdiahall be paid as outlined in Exhibit "B
COORD[NATION OF WORK
3.1 Representative of Contractor. Mark Watts is hereby designated as being
thq�principal and representative of Contractor authorized to act in its behalf with respect to
thi (work and services;' pecified herein and make all decisions in connection therewith.
S
3-2. ...-i: "'Contract Officer. The Contract Officer shall be such person as may be
desighated:by:.the City Manager authorized to act in its behalf with respect to the work and
ser vi.60-&specifiecl herein and make all decisions in connection therewith ("Contract Officer").
Thi Manager of City shall have the right to designate another Contract Officer by
providing written notice to Contractor.
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3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or
employees, perform the services required herein, except as otherwise set.fgith. Contractor
shall perform all services required herein as an independent contractor:of City and shall
remain under only such obligations as are consistent with that ral'e.°;f .aritractor shall not at
any time or in any manner represent that it or any of its pgents:or employees are agents or
employees of City.
4.0 INSURANCE, INDEMNIFICATION AN:b BONbS
4.1 Insurance. The Contractor shatI.pt.bi ure and maintain`,'at its sole cost
and expense, in a form and content satisfactory to' G,lty, :during the entire term of this
Agreement including any extension thereof, the folioWMg;p.&Cjes,of insurance:
(a) Commercial General,Liability Insurarie i A policy of commercial
general liability insurance written on:a pof.,o'ccurrence basis`with a combined single
limit of a least $1,000,000 bodily injury 2rid'pi5prty damage including coverages for
contractual liability, personal inlurv, independent contractors, broadform property
damage, products and completed operations The General Liability Policy shall name
the City of Palm Springs as an additional insdred::in accordance with standard ISO
additional insured endorsement form.'CG20100185) or equivalent language.
(b) Woir ei is Compensation Insurance. A policy of worker's
compensation insurance in such,amaunt:as will fully comply with the laws of the State
of Galif,.ornia and:WHr-ch will include:0 0,000 employer's liability.
(c) '"::..Business Automobile Insurance. A policy of business automobile
liability[nsurance Writtew:on**a per occurrence basis with a single limit liability in the
amourifdf;"$.Iro00,000 to*iilyanjury and property damage, Said policy shall include
coverage;for!pWrlad, non-owned, leased and hired cars.
d..;:,. ! Additional Insurance. Policies of such other insurance, including
professional liabifify;itsurance in a minimal amount of $1,000,000 if contract has
`professional liatility::exposure, as may be required in the Special Requirements.
All of the abov. ioolicies of insurance shall be primary insurance and shall name the
Cfy?:its officers, employees and agents as additional insured. The insurer shall waive all
hgfits of subrogati6fi and contribution it may have against the City, its officers, employees and
gggrits; .a.nd:.their*respective insurers. In the event any of said policies of insurance are
capceled: fhie' contractor shall, prior to the cancellation date, submit new evidence of
insuranee'in conformance with this Section 4.1 to the Contract Officer. No work or services
under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
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The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the
payment of damages to any persons or property resulting from the Contractor's activities or
the activities of any person or person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with
Section 3.3 of this Agreement the contract between the Contractor and such subcontractor
shall require the subcontractor to maintain the same polices of insutance;thdt the Contractor
is required to maintain pursuant to this Section.
4.2 Indemnification. Contractor agrees`'to indernhify:the;,,City, its officers,
agents and employees against, and will hold and save;them and each'nf ttiom,harmless"rom,
any and all actions, suits, claims, damages to persons or property, losses, epsts,,.perialties,
obligations, errors, omissions or liabilities, (herein"Claims or:;liabilities")th'atmaybe'asserted
or claimed by any person, firm or entity arising out:bf:or`1rt connection wito% he negligent
performance of the work, operations or activities':o.f Cgiltractor, its agents, employees,
subcontractors, or invitees, provided for herein, ;of::anslrio;.,.from the negligent acts or
omissions of Contractor hereunder, or arising from;Contrd6tor.!s;negligent performance of or
failure to perform any term, provision, covenant or conditioi]of:.this:.Agreement, whether or
not there is concurrent passive or active negligence on the part:ofthe City, its officers, agents
or employees but excluding such claims or liabilities from,th;e sole negligence orwillful
misconduct of the City, its officers, agents:Oremp.I.0yees,.who are'directly responsible to the
City, and in connection therewith: "" • '
(a) Contractdrwill defend any actioh'or actions filed inconnectionwith
any of said claims or liabilities and;virill pay all'costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith; "
(b) .;, .,Contractor wit('prompkly pay any judgment rendered against the
City, its officers, agents:;br:-8m.ployees fpr.:8by:.such claims or liabilities arising out of or in
connectjc�n wtth:,the negiigent performarii e.of or failure to perform such work, operations or
activities.O,Contractor hereuY�der, and Contractor agrees to save and hold the City, its
officers, agor#ts;jand employ.eos:,hsrrnless therefrom;
,(0):!: ,. In the;bveiit the City, its officers, agents or employees is made a
party to ar,y::action gi,;laroeeeding filed or prosecuted against Contractor for such damages
or other:claims ansirig,o,ut of. or in connection with the negligent performance of or failure to
perfo,rrrl the work, opera€,ion ter activities of Contractor hereunder, Contractor agrees to pay
I o the.`City, its officers, agariis or employees, any and all costs and expenses incurred by the
City; its officers, agents:or employees in such action or proceeding, including but not limited
td%*:J @I costs and attorneys' fees.
^,5.0 TERM
'`-''5.`1 Term. Unless earlier terminated in accordance with Section 5.2 below,
this`A&eerrient shall continue in full force for one year from execution of this agreement by
the CITY.
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5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty(30) days'written notice to the other
party. Upon receipt of the notice of termination, the Contractor shall immediately cease all
work or services hereunder except as may be specifically approved by the Contract Officer.
In the event of termination by the City, Contractor shall be entitled to compensation for all
services rendered prior to the effectiveness of the notice of termination and for such
additional services specifically authorized by the Contract Officer and City shall be entitled
to reimbursement for any compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. C;on tract otcciveiants that, by and for
itself, its heirs, executors, assigns and all persons claiming under;er fk1r,:,tiugh them, that there
shall be no discrimination against or segregation c,.f :'any persol ;.( f,gri up of persons. on
account of race, color, creed, religion, sex, marital status, national orjgirf;°; ?I;ancestry4rl the
performance of this Agreement. Contractor shalt`.take affirmative actoriat7:;ensure that
applicants are employed and that employees are treated during employFnen#wtt io:uIt regard
to their race, color, creed, religion, sex, marital status;:national origin or aricdstry.
6.2 Non-liability of City Officers and mpfoyees. No officer or employee of
the City shall be personally liable to the Contractor::&anysuceessor in interest, in the event
of any default or breach by the City or for any amount vi!tiich;'inay become due to the
Contractor or to its successor, or for breach of..anyobligation of;:the;terms of this Agreement.
6.3 Conflict of Interest. . No:dffleer'oi.:employee`of the City shall have any
financial interest, direct or indirect, in this`Agreem6ht,nar:shall.;anysuch officer or employee
participate in any decision relating to the Agreement ich,606cts his financial interest or the
financial interest of any corporatiori:;`partne,rship or association in which he is, directly or
indirectly, interested, in violation df.;eny State statute or'regulation. The Contractor warrants
that it has not paid or given and:fwill not pay or give any third party any money or other
consideration for obtaining this'Agreemen-1.
6.4 got. Any notice;. emapd, request, document, consent, approval, or
commun.i�'at"tt.,or6:;either<p:a.ty;;des,ires orissrequired to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class mail, in
the case of th.e:t :ty;Jo the City;Manager and to the attention of the Contract Officer, CITY OF
PALM SPRIC�16^,:E? p... Box 27b3;;;Pp1m Springs, California 92263, and in the case of the
Contractor, ta.the persvn,;at the address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the mean0g:.of the language used and shall not be construed for or against
either"party by reason rf the authorship of this Agreement or any other rule of construction
which might otherwis4 apply.
6.6 .: htegration; Amendment. It is understood that there are no oral
agre�tnents betw.6n the parties hereto affecting this Agreement and this Agreement
8u et`s edpes.:an&d bancels any and all previous negotiations, arrangements, agreements and
undersfandlrigs, if any, between the parties, and none shall be used to interpret this
Agreement'. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing.
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6.7 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining portions of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder unless the invalid provision is so material that its invalidity
deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by
a nondefaulting party on any default shall impair such right or remedy or be!cbnstrued as a
waiver. A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unneoess,.;ary the other party's
consent to or approval of any subsequent act. Any waivet.;by eithier pfy.;of any default must
be in writing and shall not be a waiver of any other de ;it concerning".the same or any other
provision of this Agreement.
6.9 Attornevs' Fees. If either party to this-A: greement is:reqi fired tO initiate
or defend or made a party to any action or proceeding.;in any way coiirieoted with this
Agreement, the prevailing party in such action or pr6ceed6g, in addition to any other relief
which may be granted, whether legal or equitable, shah.&entitled to reasonable attorney's
fees, whether or not the matter proceeds to judgment.
6.10 Corporate AuthoritV. The persons execufiitig.;th ,`Agreement on behalf of
the parties hereto warrant that (i) such part y::%s;ttulyorganized aid:existing, (ii) they are duly
authorized to execute and deliver this Ag,reemerlt;bn:;behalf of said party, (iii) by so executing
this Agreement, such party is formally bound to theip,;rovisi.pn,s.of this Agreement, and (iv)the
entering into this Agreement does not;violate arty prbw:isltiri of°any other Agreement to which
said party is bound.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement
as of the date first written above.
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By:
City Clerk By:
City Manager,
APPROVED AS TO FORM: (CheG (orte: Indiuduf''`:;Partnership
_ C: oration)
By:
City Attorney .....
CON'Tk�tCTOft:
By;
Signature
Pr ntName & Title
By.
Signature
Print Name & Title
Corporations require two signatures;::Yn if4m eachofthe.:i:'r
following: A. :.L.C'I'l2lrrnan of Board,::P.rvWdent, any Vice,:i:;;;';:!'j,;:;;�•
President:AND'R:eSecretary,AsgiStBpts6i*stary,TreasuraC,::°r:;;;r
Assistant Tr'etjsure'n;t:bt::G.hief FinarictaY':Of,Fcer', Mailin,.. 9 Address:
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EXHIBIT "A"
SCOPE OF SERVICES
1 Contractor agrees to perform on behalf of the CITY, and under the direction of the City
Manager, the following services:
a. Monitor, review, analyze, draft, and advocate state legislation, administrative
and regulatory actions.
b. Advise and assist the CITY in its efforts.1-b- -dt ,evelbp.::��:.a::'�boalition of interests
I :necessary to support the CITY'S legislative.jeguaoryargd.a!dmihistrative program.
c. Advise and assist the CITY in connection With meet" d',In,gsan -appearances yoron
behalf of the CITY with or before state or regional e:htities, including;b L:4t.h b.t.limited
to, Governor's Office, executive bran ch*bg�e n* cles, the Legis I a t Ure:; a*hd various
state boards and commissions for the purpose;of 'insuring that governmental
officials and entities are fully and propedy;Artf6irmecl regarding all facts and
conditions relative to the CITY'S inter6sts;l.iindUdirig assistance in drafting
background reports, letters, testimony and oth6r::'doicUmentation necessary to
support the CITY'S program objecfivesi::%.
d. Develop a strategic Legislatured,p an*in.6bnJUn0tion wit city management and staff.
e. Assist in a project managepent capacityf. or.j e::. iTY'S existing and proposed
transportation projects.
2. Contractor shall receive admi6istrati4siupervisiori regarding the CITY'S interest in this
contract from David H. Ready, City Manager, orhis specific alternate in his absence.
3 The CITY hereby designates ontra r: its representative, under the supervision of
theCifj:,Manager;;:. th-:1he lifor I f'e': egislature and various state, regional and local
. ................i . .
governmental com-i't_tpes�,�.c mmis i 8, agencies, and persons involved in governmental
affairs:af,pqti.ng the' �ihterests in California.
4.
Contra6tqKshd1,J1p. bing services in full compliance with all applicable laws,
rules, and:ra.g:6116 n I in cooperation with the CITY, file all reports required of it
or them% y ap id in 6 timely manner in connection with their representation of the
CITY* Contractorsttal,l,:;fwrnish all necessary information and assist the CITY in filing all
reports required ofrrtand them by applicable law in a timely manner.
5. The parties r co izethat Contractor has other clients for which it performs services similar
to those providett for herein and may find from time to time that the interests of various
such clients may conflict with interests of the CITY. Contractor shall advise the CITY in
writing of all such instances w a conflict between the interests of the CITY and
herein there i
interests:bf one or more of its other clients, and in each and every such instance agrees
not take any action on behalf of the CITY or such other client(s) without the
Of of the CITY,
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6, Contractor agrees that it will not disclose any confidential information regarding the CITY or
its current or former employees that it has obtained or will obtain, either directly or indirectly,
without prior consent of the CITY.
7. Contractor agrees to monitor and keep CITY informed as to developments relative to all
pertinent issues and assist the CITY's legislative program relating to (but not limited to) the
following issues:
a. Energy and transportation'
b. Community Redevelopment Agency
C. Compliance with state housing guidelines
d. Land use and general plan
8. Contractor agrees to keep CITY informed of all:state grantiprograms`avallableJto.cities and
in any special areas of concern requested by thd'CITY,t "
9. Contractor agrees to set up appointments for city?nffici,als:,when traveling to Sacramento.
10. Contractor agrees to make suggestions con.Gerning'uVitl :?yutlom the CITY should meet
depending upon any legislative goal the CITY wishes to'accomplis,h,
11. Contractor agrees to coordinate and assid the`,League of California Cities, Riverside County
and Coachella Valley legislative representative,,-relating to issues of concern to municipalities
state-wide or regional, with the understandndg that,fhe issues of the CITY may differ from
those of such other organizations;.:
12. Contractor shall provide periodic writterit.6ports, of least monthly, of its services performed
pursuant to this agreement.:",.,,::
The City has an immediate need to develop legislative strategies concerning the permitting of the Ocotillo
Power Plant and creating opportunities to secure cheap, reliable power to City residents and businesses, and to
maximize tax revenue.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
The CITY shall pay the Contractor as compensation for performance of the services herein above
mentioned, the sum of $3,500 per month.
Chargeable expenses for the purpose of this agreement shall include reasonable..,and necessary
entertainment expenses directly related to the interests of the CITY and ..travel outside the
Sacramento area, excluding to Palm Springs, including meals and lodging while engaged in such
travel and shall not exceed $2,000 for the calendar year.
Expenses related to meeting in Palm Springs, requested kiythe City'with;fhe::City Manager or;Gity
Council, shall not exceed $500 per trip and $1,000 for the term of the:coi tract'(6ne year).
All chargeable expenses, and any other expenses related to:this contrad:'sh611:ae,'ezpressly
authorized by the CITY prior to such expenses being.in.d4r.red. Contractor agrQ :5'oArclude an
estimate of time worked as part of each monthly invoi6e:: :.:.::::::1:.:;..
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MINUTE ORDER NO.
APPROVING CONTRACTING WITH SMITH,
KEMPTON &WATTS OF SACRAMENTO, CA FOR
PROVIDING LEGISLATIVE ADVOCACY SERVICES
FOR A ONE-YEAR PERIOD IN THE AMOUNT OF
$45,000.00 AND AUTHORIZE THE CITYMANAGER
TO EXECUTE THE FINAL NEGOTIATED
CONTRACT IN A FORM APPROVED BY THE CITY
ATTORNEY.
I HEREBY CERTIFY that this Minute Order approving contracting with Smith, Kempton & Watts
of Sacramento, CA for providing Legislative Advocacy Services for a one-year period in the
amount of$45,000.00 and authorize the City Manager to execute the final negotiated contract in
a form approved by the City Attorney, was approved by the City Council of the City of Palm
Springs California in a meeting thereof held on the 12th day of September, 2001.
PATRICIA A. SANDERS
City Clerk