Loading...
HomeMy WebLinkAboutC-3083 - PSA for Legislative Advocacy ServicesPROFESSIONAL SERVICES AGREEMENT WITH EMANUALS JONES AND ASSOCIATES l FOR LEGISLATIVE ADVOCACY SERVICES THIS AGREEMENT is made and entered into as of this first day of February, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and EMANUELS JONES AND ASSOCIATES a sole proprietorship, whose address is 1400 K Street, Suite 3061 Sacramento, California, 95814 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to lobby the State Legislature, Governor, and State Agencies. C. City desires to engage Consultant to provide legislative advocacy services to the State Legislature, Governor, and State Agencies. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be David A. Jones. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 1 st day of February, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed one hundred fifty thousand Dollars and no/100 ($150,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City. Consultant's bills shall include a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DAVID A. JONES to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. DAVE KIFF shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 22. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 23. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Kiff City Manager's Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-33XX Fax: 949-644-33XX All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: David A. Jones Emanuels Jones and Associates 1400 K Street, Suite 306 Sacramento, CA 95814 Phone: Fax: 24. TERMINATION Either party may terminate this Agreement at any time during the term of this Agreement by giving the other party thirty (30) days notice in writing. This Agreement may be extended beyond the term only by the written agreement of both parties prior to the expiration of the term of the Agreement. 25. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 26. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVIM AS TO FORM: City Attorney for the City of Newport Beach Y 0 U N ATTEST: r �</po RNP B V � Y LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, :AMu ipal ioration Y� - Mayor for the City of Newpo� ch CONSULTANT: r By:Q-IG/ (Corporate icer) Title: Print Name: DAV 1 b 4. Ja✓ Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates F Ausers\cat\shared\AG\ProfAg reements\Eman ua]Jones # 0 C -31Z AGREEMENT This agreement made and executed at Newport Beach, California, effective March 1, 2003, by and between the City of Newport Beach, hereinafter called CITY, and KENNETH J. EMANUELS, d.b.a. EMANUELS JONES & ASSOCIATES, hereinafter called CONTRACTOR. WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of a limited number of city- sponsored legislative proposals. II The Contractor shall certify that employees and/or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. III The City shall pay to Contractor for the thirty six (36) -month period from March 1, 2003 to February 28, 2006 payable at the rate of $3,605 per month, billed monthly in advance, for time spent by Consultant in the performance of this agreement. The Contractor's direct costs for telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, miscellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set fo BY,� -Glit+ KENNETH J. EM LS d.b.a. Emanuels Jones & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 LIU CIT` `r 0 0 Emanuels Jones & Associates City of Newport Beach Legislative Activities 2000-2002 2000 - Sponsored funding for Upper Newport Bay dredging ($350,000) instate budget. AB 1740 (Ducheny) Author was Sen. Ross Johnson. Approved by Governor. - Opposed SB 402 (Burton). Approved by the Governor. Chapter 906. Mandates binding and compulsory arbitration to settle collective bargaining disputes over compensation and benefits for police and fire employees. - AB 83 (Cardenas). Oppose. Would have restricted the authority of cities to levy business license taxes on home businesses. Approved by Governor. Chapter 1070. - AB 304 (Wildman). Support. Declares the intent of the Legislature to use this bill as a trailer bill for reducing the shift of property taxes from cities, counties and special districts. Failed passage. - AB 849 (Brewer). Support. Requires the Santa Ana Regional Water Quality Control Board by July 1, 2002 to undertake the bioassay and bioaccumulation studies in Newport Bay and to report the results by June 30, 2002. Vetoed by Governor. - AB 1544 (Granlund). Oppose. Would have restricted cities in their regulation of leaf blowers and would have invalidated existing local ordinances that prohibit the use of leaf blowers. Failed passage. - AB 1607 (Cardenas). Oppose. Would have restricted cities in their regulation of leaf blowers and would have invalidated existing local ordinances that prohibit the use of leaf blowers. Failed passage. - AB 1835 (Baugh). Support. Would have required the State Water Resources Control Board to provide grants to local agencies to pay for capital costs and related costs associated with diverting to sewage treatment facilities dry weather flows from storm water discharges, or reducing or eliminating dry weather flows from storm water discharges that would otherwise be discharged to a public beach. Vetoed by Governor. - AB 2412 (Migden). Support. Clarifies sales tax law to require retailers that have both traditional stores and internet catalog sales to pay California state and local sales tax on catalog sales. Vetoed by Governor. - AB 2618 (Pacheco). Support. Would authorize a city to permit residential facilities serving 6 or fewer persons to register with the city and to establish inspection guidelines to insure that the registered facilities meet applicable local building, health and safety requirements. Failed passage. - AB 2748 (Bates). Support. Increases funding and broadens eligibility for grants by the State Department of Boating and Waterways budget for beach restoration. Failed passage. - SB 141 (Johnson). Support. Increases the annual general fund appropriation for the Upper Newport Bay Ecological Reserve Maintenance and Preservation Fund from $200,000 to $400,000. Failed passage. - SB 241 (Alpert). Support. Would have established the Endowment for Marine Preservation in order to direct funds received from the conversion of oil platforms and production facilities to artificial reefs. Failed passage. - SB 1276 (Polanco). Oppose. Would have placed restrictions on the authority of cities to adopt leaf blower ordinances. Failed passage. - SB 1277 (Hayden). Oppose. Would have placed restrictions on the authority of cities to adopt leaf blower ordinances. Failed passage. - SB 1629 (Sher). Support. Would require bicycle and pedestrian access to be included on all streets and roads constructed after a specified date unless the responsible agency determines that there are exceptions. Failed passage. 2001 Sponsored SB 124 (Johnson). Approved by Governor. Chapter 761. Approximately $3m. in savings to the City. Requires Caltrans to transfer 15 acres of vacant, coastal surplus property known as Caltrans West or Sunset Ridge Park to the State Department of Parks and Recreation upon payment of $1.3m. by the City, which would then be obligated to build and maintain the parcel as a coastal park with parking for beach access. Sponsored SB 516 (Johnson). Approved by Govemor. Chapter 537. This bill amends the California Coastal Act to permit Orange County to retain development review authority pursuant to its adopted LCP after the annexation of the "Newport Coast" unincorporated area and until the City has adopted its own LCP, which would be required to include the County's certified LCP's provisions. PA - Preserved approximately $7.5m. in Prop. 12 funding for Upper Newport Bay dredging from challenges in the Budget Act. This is the remainder of the $13m. in Prop. 12 which was earmarked for the Upper Bay - AB 15 (Harman). Support. This bill would have expanded the authority of the State Water Resources Control Board to address nonpoint source pollution, targeting storm water discharges by creating a grant program and by identifying cost effective measures to reduce violations of minimum sanitation standards. Failed passage. - AB 476 (Harman). Support. Would have increased the city membership on the Orange County Transportation Authority. Failed passage. - SB 703 (Perata). Oppose. Would have established the governing structure and composition of the El Toro MCAS reuse authority if the Orange County Central Park and Nature Preserve Initiative is adopted on March 5, 2002 ballot. Failed passage. - SB 710 (Alpert). Support. Requires the State Water Resources Control Board to adopt guidelines for both listing and delisting waters and developing and implementing the total maximum daily load program by July 1, 2003. Failed passage. - SB 816 (Ross Johnson). Support. Makes changes to the authority of the regional water bard to issue cleanup and abatement orders with regard to discharge of waste that constitutes a nonpoint source discharge. Failed passage. 2002 - Opposed AB 2333 (Nakano). Vetoed by Governor. The City led the opposition coalition to this measure which resulted in a veto. AB 2333 would have required SCAG to provide for a "fair share" distribution of the burdens of commercial aviation throughout the six county SCAG region and to adhere to the principles of environmental justice in developing its regional aviation program. State Budget. Joined the LCC in opposing all efforts by the Administration to reduce city subventions such as the vehicle license fee. AB 954 (Kelley). Support. Proposed a water supply reliability, storage and protection bond act for the Nov. 2002 ballot. Failed passage. AB X1 40 (Steinberg). Support. This bill would have required the State Energy Commission to establish a $50 m. grant program for local agencies to finance the costs of local energy efficiency and conservation programs. Failed passage. a_lk_ 0 0 ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES This agreement made and executed at Newport Beach, California, effective March 1, 2000, by and between the City of Newport Beach (" City) and KENNETH J. EMANUELS, d.b.a. KENNETH EMANUELS & ASSOCIATES ("Contractor "): WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: I The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of a limited number of city- sponsored legislative proposals. II The Contractor shall certify that employees and /or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. III The City shall pay to Contractor for the thirty six (36) -month period from March 1, 2000 to February 28, 2003 payable at the rate of $3,450 per month, billed monthly in advance, for time spent by Consultant in the performance of this agreement. The Contractor's direct costs for telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, miscellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set forth. B/< KENNETH J. E UELS d.b.a. Kenneth E uels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 0 AGREEMENT 0 This agreement made and executed at Newport Beach, California, effective March 1, 1999, by and between the City :of Newport Beach, hereinafter. called.CITY; and KENNETH J. EMANUELS, d.b.a. KENNETH EMANUELS & ASSOCIATES, hereinafter called CONTRACTOR. WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of a limited number of city- sponsored legislative proposals. II The Contractor shall certify that employees and/or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. III. The City shall pay to Contractor for the twelve -month period from March 1, 1999 to February 29; 2000 payable at the rate of $3;000,per monthbilled monthly in advance,..for time spent;by Consultant in the performance of this agreement. The Contractor's. direct costs for. telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, miscellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set forth. BY: KENNETH J. EMANUELS d.b.a. Kenneth Emanuels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 CITY OF NEWPORT BEACH 0 a AGREEMENT This agreement made and executed at Newport Beach, California, effective March 1, 1998, by and between the City of Newport Beach, hereinafter called CITY, and KENNETH J. EMANUELS, d.b.a. KENNETH EMANUELS & ASSOCIATES, hereinafter called CONTRACTOR. WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of a limited number of city- sponsored legislative proposals. II The Contractor shall certify that employees and/or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. IRE The City shall pay to Contractor for the twelve -month period from March 1, 1998 to February 28, 1999 payable at the rate of $3,000 per month, billed monthly in advance, for time spent by Consultant in the performance of this agreement. The Contractor's direct costs for telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, miscellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set forth. BY: [ � 'c' Gr.�4L BY: KENNETH J. EMANUELS CIT d.b.a. Kenneth Emanuels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 0 0 e -3a Q3 AGREEMENT This agreement made and executed at Newport Beach, California, effective March 1, 1997, by and between the City of Newport Beach, hereinafter called CITY, and KENNETH J. EMANUELS, d.b.a. KENNETH EMANUELS & ASSOCIATES, hereinafter called CONTRACTOR WITNESSETH: The City hires the Contractor and the Contractor agrees to work for the City on the following terms and conditions: The duty of the Contractor shall be to provide consulting services as a lobbyist on pertinent municipal matters on behalf of the City. The Contractor shall be responsible for the advancement of no more than a single major city - sponsored legislative proposal. II The Contractor shall certify that employees and/or entity are properly registered, licensed or certificated pursuant to law to perform the task set forth hereunder. 0 The City shall pay to Contractor for the twelve -month period from March 1, 1997 to February 28, 1998 payable at the rate of $3,000 per month, billed monthly in advance, for time spent by Consultant in the performance of this agreement. The Contractor's direct costs for telephone, duplication, postage, legislative computer and bill service and required travel will be reimbursed by the City. IV It is understood that the City will not be responsible for any obligations of an employer. Specifically, the Contractor shall furnish his own means of transportation when not required by the City to travel, miscellaneous supplies, and incidental expenses. It shall be understood that the Contractor shall not incur any additional expenses on behalf of the City. V The Contractor shall report his lobbying activities as required by the California Fair Political Practices Act and Commission (California Code of Regulations, Title 2, Chapter 6 and Title 2, Chapter 7). Executed as of the date and year first above set forth. BY: ;l vCJL �G « 4 Pv KENNETH J. LS d.b.a. Kenneth Emanuels & Associates 1400 K Street, Suite 306 Sacramento, CA 95814 (916) 444 -6789 j