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HomeMy WebLinkAbout1995-07-11 - AGENDA REPORTS - ELSMERE PUBLIC AFFAIRS (2)AGENDA REPORT City Manager Approval Item to be presented by: Jeff Kolin, Deputy City Manager. Special Projects NEW BUSINESS DATE: July 11, 1995 SUBJECT: SHORT TERM CONTRACT FOR CONTINUED PUBLIC AFFAIRS SERVICES FOR ELSMERE CANYON SOLID WASTE MANAGEMENT FACILITY DEPARTMENT: City Manager's Office BACKGROUND The Los Angeles County Regional Planning Commission is currently conducting Public Hearings on the proposed Elsmere Canyon Solid Waste Management Facility, Continued Public Hearings are scheduled for July 12, 1995 and a possible August 7, 1995 date for applicant rebuttal time. The original public comment period will quite likely be extended beyond the original August 4, 1995 closing date. Staff is currently reviewing a proposal from Bill Hussey and Associates for continued public affairs services for the Elsmere project. Contract negotiations and preparations were not completed in time for the July 11, 1995 City Council agenda, but should be concluded for Council consideration at the August 25, 1995 meeting. A short term interim contract to provide public affairs and lobbying services during the months of July and August has been developed with Bill Hussey and Associates to maintain their services during the critical Planning Commission Public Hearing process. This is a 60 -day contract in the amount of $40,000, FISCAL IMPACT Funds for Elsmere opposition activities are budgeted in Account No. 01-4103-230. p "^ Item: a cl --. RECOMMENDATIONS Approve a short term 60 -day contract for public affairs and lobbying services in the amount of $40,000 with Bill Hussey and Associates from Account No. 01-4103-230. ATTACHMENT Contract husagce.ap AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANTA CLARITA AND BILL HUSSEY & ASSOCIATES THIS AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANTA CLARITA AND BILL HUSSEY & ASSOCIATES ("AGREEMENT") is entered into this th day of , 1995, by the City of Santa Clarita, ("City"), and Bill Hussey, an individual, doing business as BILL HUSSEY & ASSOCIATES, a sole proprietor, ("Consultant"). RECITALS WHEREAS, City has determined that the proposed siting of a landfill in the Elsmere Canyon, now part of the Angeles National Forest adjacent to the City; is not in the best interest of the City or its residents; WHEREAS, City desires to have City engage the services of Consultant to assist City; WHEREAS, Consultant has represented to City that it has the skill and ability necessary to provide the lobbying and public affairs services required by City and more fully described in Exhibit A to this Agreement, and the City of Santa Clarita and has relied on Consultant's representations; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. Scope of Services Consultant shall perform those lobbying and public affairs services specified in Exhibit A Scope of Services in support of City's opposition to the siting of a landfill in the Elsmere Canyon, now part of the Angeles National Forest. Section 2. Term of Agreement The term of this Agreement shall be from the date of execution of this Agreement, as first shown above, for a period of 60 days. Consultant agrees that the litigation support services to be provided to City are confidential and in anticipation of litigation and that Consultant's duty of confidentiality, as provided in Section 13, below shall survive the term of this Agreement. Section 3. Compensation Subject to the Scope of Work contained in Exhibit A, Consultant shall be paid the amount billed not to exceed Forty Thousand dollars ($40,000.00) Each month, Consultant shall furnish to City a statement of the work performed for compensation during the preceding month. Each statement shall indicate the Section to which the work performed is to be charged, according to the categories shown in Exhibit A of this Agreement. Such statement shall also include a detailed record of the month's actual reimbursable expenses, such as copying costs, long distance telephone charges and computerized research, together with the task and sub -task to which the expense is attributable. City will prepare a warrant in the amount approved by City. City will use its best efforts to cause Consultant to be paid for all items approved by City within thirty (30) days of receipt of Consultant's statement by City. In the event that City does not issue a warrant to Consultant within sixty days of receipt of Consultant's statement, City agrees to pay interest at the rate often percent (10%) per annum, commencing thirty (30) days after receipt of Consultant's statement, until Consultant is paid. Section 4. Independent Contractor Consultant is an independent contractor and not an agent or employee of the City of Santa Clarita.. As an independent contractor, Consultant shall obtain no rights to retirement, health care or any other benefits which accrue to City of Santa Clarita employees. Consultant expressly waives any claim Consultant may have to any such rights. Section 5. Assignability The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant's obligations withouttheprior written consent of City. Any attempt by Consultant to assign or transfer any of Consultant's rights, duties or obligations arising under this Agreement shall be void. City acknowledges its understanding that Consultant, in the performance of its duties pursuant to this Agreement will utilize staff members and subcontractors. Section 6. Insurance Consultant agrees to have and maintain the policies set forth in Exhibit D Insurance. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver is so approved in writing by City. Consultant agrees to provide City with a copy of required policies. Section 7. Nondiscrimination Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religious creed, national origin, ancestry, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. Section 8. Termination A. City may terminate this Agreement at any time by giving ten days' written notice of termination to Consultant. If City gives such notice of termination, Consultant shall cease immediately all work in progress. B. If Consultant or City fails to perform any material obligation under this Agreement, then, in addition to all other remedies, City or Consultant may terminate this Agreement immediately upon written notice. C. Upon termination by either City or Consultant, Consultant shall deliver to City all property of the City in Consultant's possession and copies of all reports, documents, and other work performed by Consultant under this Agreement. Consultant shall furnish to City a final statement of the work performed for compensation. The statement shall indicate the task to which the work performed is to be charged, according to the categories shown in Exhibit A of this Agreement. Such statement shall also include a detailed record of actual reimbursable expenses, such as copying costs, long distance telephone charges and computerized research, together with the task to which to expense is attributable. City will prepare a warrant payable to Consultant in the amount approved by City. City will then make final payment to Consultant for services performed and reimbursable expenses incurred, subject to the limitation on reimbursement set forth in this Agreement: D. Consultant may terminate this Agreement at any time upon ten (10) days' written notice of termination to City. Section 9. Law to Govern; Venue The law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. district Court, exclusive venue shall lie in the Central District of California, in Los Angeles. Section 10. Compliance with Laws Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Section 11. Ownership of Materials All reports, documents, floppy discs, diskettes or other materials developed or discovered by Consultant during the course of this Agreement shall be solely the property of, and shall be kept confidential by Consultant, except for reports submitted to City through its City Attorney, which shall be solely the property of, and which shall be kept confidential by City, unless essential for the defense of litigation against City and any applicable privilege has been waived by City. Section 12. Waiver Waiver by City or Consultant of any breach of any of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of the same or any other provision of this Agreement. Acceptance by City of any work or services by Consultant shall not be a waiver of any of the provisions of this Agreement. Section 13. Consultant's Books and Records A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for any period and to the extent required by laws relating to audits of public agencies and their expenditures required by laws relating to audits of public agencies and their expenditures. B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by City or a designated representative. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request, require that custody of the records referred to in this Section 14, to the extent such records are required to be maintained by contractors with public agencies under the laws relating to audits of public agencies and their expenditures, be given to City and that the records and documents be maintained by City. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. Section 14. Conflict of Interest Consultant shall at all times avoid conflict of interest or appearance of conflict of interest with the interests of the City in the performance of this Agreement. Consultant's right to engage in other employment is subject to the provisions of Exhibit D of this Agreement. Section 15. Exhibits Incorporated Exhibits A through D are attached to and incorporated in this Agreement by this reference. Section 16. Notices All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City:: City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 and to: City Attorney City of Santa Clarita 611 West 6th Street, Suite 2500 Los Angeles, California 90017 Tel: (213) 236-0600 Fax: (213) 236-2700 To Consultant: Bill Hussey & Associates 11355 West Olympic Boulevard, Suite 501 Los Angeles, CA 90064 Tel; (310) 268-8234 Fax:. (310) 268-8334 Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit in the mail. Section 17. Dispute Resolution; Performance after Dispute A. All disputes concerning the interpretation, performance, breach or termination of this Agreement shall be decided by binding arbitration before a retired federal aor California judge, according to the provisions of Section 1280 et seq. Of the California Code of Civil Procedure, through the Los Angeles County offices of the Judicial Arbitration and Mediation Service ("JAMS"). The parties shall attempt to agree upon a retired judge from the JAMS panel, but if they are unable to agree within thirty (30) days after commencement of a proceeding, JAMS will provide alist of three available judges and each party may strike one. If for any reasons JAMS is unavailable, the dispute shall be decided by a retired federal or California judge, sitting as an arbitrator, and selected by the parties. If the parties are unable to agree, upon retired judge within 30 days after receipt of written notice, a retired judge shall be appointed by the Presiding Judge of the Los Angeles County Superior Court. The arbitrator shall render a written decision stating reasons therefor in reasonable detail within sixty (60) days after his appointment. The arbitrator's award shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction. The prevailing party shall be entitled to recover its costs of arbitration, as well as costs and attorneys' fees, and expert witness fees, as determined by the arbitrator, as well as costs and attorneys' fees in any proceedings to enforce an award. The parties reserve their rights to obtain provisional remedies from the courts, and no application for any such remedy shall be deemed inconsistent with the obligation to arbitrate disputes.. B. Except for nonpayment of any portion of a statement presented to City by Consultant, if any dispute arises between the parties to this Agreement, Consultant shall continue to perform pending resolution of the dispute. Section 18. Prior Agreements and Amendments This Agreement, including the Exhibits, embodies the entire understanding of the parties with respect to the matters addressed in this Agreement and the Exhibits and supersedes all other agreements entered into between the parties prior to the execution of this Agreement. No amendment of this Agreement shall be valid unless in writing duly executed by the parties or their authorized representatives. WITNESS THE EXECUTION of this Agreement on the day and year first written above. BILL HUSSEY & ASSOCIATES Bill Hussey Date: Approved as to form: BURKE, WILLIAMS & SORENSEN 0 Carl K. Newton, City Attorney CITY OF SANTA CLARITA M George Caravalho, City Manager Date: ATTEST: City Clerk Date: SCOPE OF WORK L Lobbying services for Los Angeles County Regional Planning Commission and Los Angeles County Board of Supervisors during the months of July and August 1995 for the proposed Elsmere Canyon Solid Waste Management Facility. 2. Preparations and rehearsals for speakers at the continued public hearings during the months of July and August 1995. 3. Participation in review of the Draft Environmental Impact Report/Draft Environmental Impact Statement (DEIR/DEIS) final comments and technical reports. 4. Meetings with community coalition leaders, city staff, consultants and elected officials. 5. Expenses. COMPENSATION Consultant will bill City, with itemized statement showing hours and fractional parts billed to each Section of Exhibit A subject to the maximum for each task shown on Exhibit A, with the maximum not to exceed Forty thousand dollars ($40,000.00). Expenses, including but not limited to copying charges, long distance telephone charges, and computerized research will be billed at actual cost. Mileage will be charged at $0.29/mile. Commercial travel expenses will be at the best coach class rates available at the time of booking. Ov:u�rtr� INSURANCE During the entire term of this Agreement, Consultant agrees to have and maintain public liability and motor vehicle liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of Consultant, its subcontractors or any person acting for Consultant or under Consultant's control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of Consultant, or its subcontractors, or any person acting for Consultant, or under its control or direction. Such insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Consultant agrees that provisions of this Agreement as to maintenance of insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to persons or property resulting from Consultant's activities, the activities of its subcontractors or the activities of any person or persons for which Consultant is otherwise responsible. Consultant shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amounts will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Consultant and BW&S against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the Consultant in the course of carrying out the within Agreement. Consultant shall procure and maintain, at its sole expense, throughout the term of this Agreement and any extension thereof, public liability and property damage insurance coverage for automotive equipment with coverage limits of not less than $500,000 combined single limit. All such insurance shall be primary insurance and shall name the City of Santa Clarita as an additional insured. Appropriate insurance policies evidencing the above insurance coverage with a company acceptable to City shall be submitted to City prior to the start of work on this Agreement. DISCLOSURE STATEMENT Consultant represents that neither he nor any member of his immediate family have any financial interests in or agreements with the BKK Corporation, the Elsmere Corporation, the United States Forest Service, the U.S. Department of Agriculture, the County of Los Angeles or the City of Los Angeles or any solid waste enterprise. Consultant agrees not to enter into any contracts or agreements with any of the foregoing entities related in any way to the matters addressed int his Agreement for a period of two (2) years following the termination of this Agreement. If, during the term of this Agreement Consultant should desire to enter into any contracts or agreements which Consultant considers not to be related in any way to the matters addressed in this Agreement, with any of the foregoing entities, Consultant shall notify City. City shall have twenty-one (21) days to consent to the proposed contract or agreement between Consultant and the foregoing entities, which consent shall not be unreasonably withheld. Bill Hussey Bill Hussey & Associates