City of Del Mar Memorandum

Transcription

1 City of Del Mar Memorandum TO: Honorable Mayor and City Council Members FROM: Mark Delin, Assistant City Mana e41/'` Via Scott W. Huth, City Manage DATE: October 22, 2012 SUBJECT: Approval of Agreement for Consulting and Government Relations Services with Norwood and Associates REQUESTED ACTION/RECOMMENDATION : Authorize the Mayor to execute an interim agreement with Norwood & Associates for consulting and government relations services. DISCUSSION/ANALYSIS : In its closed session meeting of October 8, 2012, Council discussed the performance of its current lobbyist Ellison Wilson. In open session on October 8, 2012, Council directed staff to 1) terminate the existing agreement with Ellison Wilson; 2) execute an interim agreement with Norwood & Associates for lobbyist services; and 3) begin the Request for Qualifications (RFQ) process to secure new lobbying services for the City. Anticipated lobbying service needs include not only Fairgrounds-related legislation but other legislative issues that may be of concern to the City. Norwood & Associates was selected by the Council for interim lobbying services due to its experience, cost, and availability of qualified personnel to perform the services required. The primary focus of the agreement is to represent the City in discussions with legislators, the Governor's Office, the Department of Food and Agriculture and other interested parties relative to the future of the San Diego County Fair. Pending Legislation in Sacramento may change the governance of the Fairgrounds, and it is important that the City's concerns regarding its governance and its interactions with the region are effectively represented as quickly as possible. The agreement will be for a three-month term, and will be month-to-month thereafter unless terminated by written notice by either party. City Council Action: ( OCT ITEM 0?

2 City Council Staff Report Approval of Interim Retainer Agreement with Norwood & Associates October 22, 2012 Page 2 of 2 FISCAL IMPACT : The cost of the proposed agreement is $4,000 per month plus $100 per quarter for Fair Political Practices Commission (FPPC) filing service fees, the costs of which will be passed through to the City by Norwood at its costs. There is sufficient funding in the City Council Contractual Services budget for the proposed Norwood agreement for up to six months. Staff will return for additional budget authority upon selection of a consultant through the RFQ process or as otherwise needed. ATTACHMENTS : Attachment A Norwood Agreement and Scope of Services OCT ITEM 07

3 ATTACHMENT A For City Council Report dated October 22, 2012 OCT ITEM 07

4 NORWOOD ASSOCIATES Government Relations RETAINER AGREEMENT This Retainer Agreement ("Agreement") is by and between CITY OF DEL MAR (Client) and NORWOOD & ASSOCIATES (Firm). The Client is in need of consulting and government relations services regarding representation of its interests before the California State Legislature, Executive branch, and administrative agencies. The Firm provides consulting, government relations, and lobbying services of the nature sought by Client. THEREFORE, in consideration of the promises contained herein, the parties agree as follows: SCOPE OF SERVICES Under the terms of this Agreement, the Firm will provide the Client professional services to represent the Client before the California State Legislature, the Office of the Governor, and the Department of Food & Agriculture and other state agencies at the direction of the Client. These services will include, but are not limited to: 1. Represent the City of Del Mar in discussions with legislators, Governor's Office, Department of Food & Agriculture and other interested parties relative to the future of the San Diego County Fair and options for ownership of the fair. 2. Develop and implement a strategy to proactively advocate for the following principles: An ownership structure for the county fair that includes participation of local governments Local government participation in ongoing discussions on the future of county fair Adequate compensation to local governments for services provided in support of county fairs Application of local fees and regulations to activities and businesses who rent or lease fairground facilities for events or business opportunities 3. Provide all necessary legislative advocacy services to gain the cooperation and/or support of the San Diego area legislators and the Governor's Office in support of appointment of a Del Mar representative to the San Diego County Fair Board. 915 L Street Suite 1110 Sacramento CA fax OCT ITEM 0?

5 Citti of Del Mar Retainer Agreement Ociober 2012-December 2012 Page / 2 4. Assume the cost for the preparation and filing of any and all applicable lobbyist registration, expenditure and contribution reports as required by California law; TERMS AND CONDITIONS 1. The initial term of this Agreement shall be for the period October 1, 2012 through December 31, 2012, and shall continue on a month to month basis until terminated by written notice from either party. 2. The Client is contracting hereunder for the services of the Firm. The Firm may not assign this Agreement or any of its rights or obligations hereunder without the express written approval of the Client. 3. The Firm and the Client agree they will hold in confidence the content of this Agreement and any information whatsoever concerning the activities or business of the other, unless such disclosure is: (a) mutually agreed upon in writing; (b) reasonably required in connection with the fulfillment of the disclosing party's obligations hereunder, and then is made only to the minimum extent necessary to carry out such obligations; (c) information which had generally become known to the public other than through the disclosure thereof by the disclosing party; (d) to attorneys, accountants or other professional advisors of the disclosing party under confidentiality agreements substantially identical to this one; or, (e) pursuant to compulsory legal processes. 4. Consultant shall maintain professional liability insurance coverage applicable to the services to be rendered to the City and shall provide proof of such insurance to the City's satisfaction. 5. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA or a later version of this form or an equivalent form providing coverage at lease as broad for bodily injury and property damage for a combined single limit of $100,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto). 6. The Client and the Firm shall each have the right to terminate this Agreement upon thirty days (30) written notice without cause and, in the event of cause, shall have the right to terminate this Agreement immediately. Cause shall include any breach of federal, state or local law. 7. All disputes over the terms of this Agreement or costs incurred there under which are not resolved in a reasonable time by the parties shall be submitted to, and settled by, an arbitrator licensed by the American Arbitration Association (AAA). Such arbitration shall be binding on the parties. OT 2M P

6 Cit of Del Afar Xerainrr Agreement October 2012-Decenxber 2012 Page / 3 COMPENSATION The Client shall compensate the Firm for consulting and lobbying services for the project in the amount of $12,000 for the period of this Agreement and $4,000 per month on a month to month basis in 2013 until terminated by written notice from either party. Said retainer shall be paid in the amount of $4,000 per month, with the first payment due upon signature of the contract and then, upon receipt of an invoice from the Firm. The retainer reflects the full value of services that the Firm will provide the Client through In the event that the Firm performs all of the services specified herein prior to the full payment of the retainer, the Client shall not cancel this Agreement in order to avoid full payment of the retainer. This limitation does not restrict the Client's ability to cancel the Agreement for cause. LEGAL COMPLIANCE The Firm agrees to comply with all applicable laws and regulations relating to lobbying activities performed as part of the scope of services described in this Agreement. Such compliance shall include the registration of the Firm lobbyists, reporting of lobbying activities and restrictions on gifts, political contributions and entertainment expenditures as required by applicable statute or regulation. Upon retention of the Firm a Lobbying Firm Activity Authorization Form 602 must be completed by the Client before any lobbying can take place. The Form should be completed and signed and returned to the Firm immediately. The Firm will then file its Lobbying Firm Registration Form 601 along with the Client's Form 602 as they must be filed together, as required by law. The Firm contracts with AJDean Consulting to prepare and file its Lobbying Firm Registration Form 601 along with the Client's Lobbying Firm Activity Authorization Form 602 at no cost to the Client. AJDean Consulting will also file Lobbyist Employer Report Form 635 and Campaign Contribution Reports Form 641 for the Firm's clients choosing to utilize her services. AJDean Consulting will furnish the Client with a Client Information Report Form to be filled out by the Client one month prior to quarterly filing dates, as required by law. Costs for these services will be billed as an expense in addition to the agreed upon retainer. OCT ITEM 07

7 Cirr of Del Mar Retainer Agreement October 2012-December 2012 Page / We the undersigned represent the terms and conditions of the entire Agreement between the parties, and the Agreement will govern the business relationship between CITY OF DEL MAR and NORWOOD & ASSOCIATES. KsidentR OOD ssociates 915 L Street, Suite 1110 Sacramento, CA / fax Date: la ^` ^L ` 2 / 'Z CARL HILLI ARD Mayor, City of Del Mar 1050 Camino del Mar Del Mar, CA Date: 7OCT 22 2Al2 ITEM 07