HomeMy WebLinkAboutYOUNG, BRUCE DBA U.S. ADVOCACY -2007MSU EON FILE
WOR MAY PROCEED
UNTILINSURANOB PIRES
CLERKOF COUNCIL
DATE: 6 -a4b"~ 9
o: ci~n ~o c-w
~Zx~. F>o~
CONSULTANT AGREEMENT
A-2007-085
THIS AGREEMENT, made and entered into this 16`s day of April, 2007 by and between
Bruce Young dba U.S. Advocacy, a sole proprietorship (hereinafer "Consultant"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
,4. The City desires to retain a consultant having special skill and knowledge in the field of
government lobbying.
B. Consultant represents that Consultant is able and willing to provide such services to the
Citv.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
Z. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A, The total sum to be expended under this
Agreement shall not exceed $60,000 during the term of this Agreement ($>,000.00 per month),
which sum shall include all services, rates and charges, including all expenses.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
February 28, 2008, unless terminated earlier in accordance with Section 12, below. The parties
acknowledge that Consultant has provided services pursuant to this Agreement since March I ,
2007, and intend that said services be included within the terms of this Agreement. The term of
this Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, ifany, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim.
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
2
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense ofthe City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
3
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copy to:
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
U.S. Advocacy
900 Ninth Street, Suite 2100
Sacramento, California 95814
telefacsimile (916) 441-4218
Attn: Bruce Young
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. Ifsent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excl uded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms ofthis Agreement and any attachments hereto, the
terms ofthis Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
4
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the City Manager may require Consultant to deliver to
the City all work product completed as of such date, and in such case such work product shall be the
property of the City unless prohibited by law, and Consultant consents to the City's use thereoffor
such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals ofthis Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation. age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws ofthe State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notifY the City
5
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis
Agreement.
16, MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms ofthis Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body ofthis Agreement.
[N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
tirst above written.
ATTEST:
l
PATRICIA E. HEALY 4
~ Clerk of the Council
CITY OF SANTA ANA
DAVID N. R
Ciry Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
1 0
By:
La Sheedy
Assistant City Attorney
CONSULTANT
~ `-~'1
BRUCE YOUNG
President
EXHIBIT A
SCOPE OF SERV[CES
Consultant shall provide professional lobbying services as directed by City on issues in the State
Legislature, the Administration and State Agencies.
The parties agree that the services rendered pursuant to this Agreement and the payments made
therefore are not in any way contingent upon the defeat or enactment of any legislative or
administrative proposal. The parties agree that such sums as are paid pursuant to this Agreement
shalt be deemed to be the reasonable value of services rendered hereunder. In the event that any
agency or court determines that such payments were otherwise contingent, this Agreement shall
be deemed rescinded.
Consultant shall focus its efforts on the following:
Represent the City's interests in the Legislature, Administration and State
Agencies, including:
a. Strategic direction in the protection of local government revenue,
redevelopment funds and governing authority.
b. Securing funds for infrastructure projects -specifically streets and roads.
c. ,Advocating for economic development issues such as Santa Ana's Enterprise
Zone
d. Protecting municipal interests in areas such as workers compensation, public
safety, planning and building and league affairs.
Assist the City in securing State grant funding.
Coordinate the City"s legislative efforts with our regional partners, including the
Transportation Corridors Agencies, the Orange County Transportation Authority,
the Orange County Water District, the League of Cal ifornia Cities and the
California Big Ten Cities Organization.
For said services, City shall pay Consultant a flat fee of $5,000,00 per month, which will include
all travel and miscellaneous expenses.
Fronerez At: Mulholland Insurance FaxID: TD: Alma Flores
Date. 6/192007 01:26 PM Page: 2 of 2
CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MMIDDM YY)
ACORD
.
USADV-1 06/19/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
United Valley Ins. Svcs. / ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Mulhollapd Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2358 Maritime Dr. , Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Elk Grove CA 95758
Phone: 916-691-5555 Fax:916-691-0555 INSURERS AFFORDING COVERAGE NAIC#
INSURED WsIRERA Lloyds of London
NBURER B
U. S. Advocacy
Bruce Young INSURERc
925 L Street suite 1490
Sacramento CAL 95814 msI,REFD
INBIJRER E
COVERAGES
TIE POL DIES OF WSIIRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IlJDICATED NDPWITHSTAVDWG
4NY REUU REMENr, TERM OR COIJDPIIFJ OF AIJY CJNTRACT OR OTHER COCUMEM WITh RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAV PERTAIN THE INSURPNCE AFFORCED e~ TFIE POLICIES DESCRIBED HEREIN IS SUBJECT TO N_L 1HETFJ+M$ EXCLUSIONS PND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHO\qM AMY FAVE BEEN REDUCED by RAID CLAIMS
LTR SR TYPE OF INSURANCE POLICY NUMBER PATE IMM/DDhY) DATE $MAVDDIYY) LRrtTS
GENERAL LLABILRY EACH OCCURRENCE $
COMMERCIPL b@JERAL LIABILITI'
PREAIISEG (Ee occurence)
$
CLAIMS MADE ^ OC:I IF MED E%P (Pny one peson) $
PEft~JNP1 dA04 INJURI' $
GENERAL AGGREGATE $
UEN'L AGGREGATE LIMIT PPRLIE.°. PER
F PRODUCTS COMP/OP AGG $
FO-
POLICY
JECi LOC
AIFrOMOBILE LIABILnY
COMBMEp SINGE LIMIT $
PNY AUTO (En a~cltlerl)
ALL OWNED AUTOS
BODILY I'JJJR° $
SChEDULEO AUTOS' IPer person)
HIRED AUTUS
BDCILY P:JUFY $
NCNOWNED AUTOS Per amaoerRf
PROPERT/DAMAf,E $
(PSr ecadenB
GARAGE LWBILITY AUTO ONLY EA ACCIDEM $
Phr AUTO
OTHER THAIJ EA ACG
$
AUTV ONLY qGG $
E%CESSIl1MBRELLA LIABILITY EACH OCCURRENCE $
OCNR ~ CLAIMS 1NDE AGGRE~>ATE $
DEDU~ IBC=
$
' RETENTION $ $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILffY TORY LIMITS EF
,qNV %ROFRIETOR~PAPTNEReE%EeIITVE EL EACH ACCIDEM ;
OFFICERIMEMBER FxCLUDED~
Ifyes
cescnba under EL. DISEFSE-EA EM~_DYEE $
.
5 ECLAL PRO'a ISIONS below ELDISEASE POLICY LIMIT $
OTHER
A Professional Liab 050700065329D 05/21/07 05/21/08 SEE BELOW
DESCRWTION OF OPERATIONS f LOCATIONS (VEHICLES / ExCLUSI0N5 ADDED BV ENDORSEMENT( SPECIAL PROVISIONS
1,000,000 EACH CLAIM/1,000,000 AGGREGATE LIMIT; 5,000 DEDVCTIBLE
~ - '
pert I rncK I c nLJwen CANCELLATION ~ ~ ~ .
CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EkPIRgTION
City Of Santa Aaa DATE THEREOF, THE ISSUWGINSURER WILL ENDEAVOR TO MAIL +3O DAVS WRffIEN
City Managers Office NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attn: Alma Flores
P. O. BOX 198 B IMPOSE NO OBLIGATON OR LIABILRY OF qNY KWD UPON THE INSURER, ITS AGENTS OR
Santa Ana CA 92702 REPRESENTATYE3.
A IIF RES ATIVE
ACORD 25 (2001108) 0 ACORD CORPORATION 1968
CONSENT CALENDAR
25.B. FY 2006 HOMELAND SECURITY GRANT PROGRAMS
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute asub-grantee agreement.
AGMT NO. 2007-084 -With County of Orange for 2006 Homeland
Security Grant Programs, Metropolitan Medical Response System
funding in the amount of $225,360 -Fire Department
2. Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT. NO. 07-104 -Recognizing the
2006 Homeland Security Grant Programs, Metropolitan Medical
Response System grant funds and appropriate the same into the 2006
Metropolitan Medical Response System grant expenditure account.
25.C. AGMT N0. 2007-085 -GOVERNMENT LIAISON SERVICES -With
U.S. Advocacy in an amount not to exceed $60,000 -City Manager's
Office, Public Works Agency, Community Development Agency
25.D. AGMT NO. 2007-086 - ASSISTANCE WITH PARKS-RELATED
PROJECTS - Execute an amendment with the Orange County
Conservation Corps increasing the agreement amount by $18,600 and
extending the term six months, for a total agreement amount not to
exceed $108,600 -Parks, Recreation & Community Services Agency
25.E. ALLOCATION OF FY 2007-2008 AND REALLOCATION OF FY 2005-
2006 EMERGENCY SHELTER GRANT FUNDS
Recommended action approved by the Community Redevelopment and
Housing Commission on March 20, 2007 by a vote of 5-0 (Pedroza
absent)
Motion: 1. Allocate $306,506 in FY 2007-2008 Emergency Shelter Grant funds
as recommended.
2. Reallocate $16,525 in FY 2005-2006 Emergency Shelter Grant
funds as recommended.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with non-
profit agencies awarded funds.
AGMT NOS. 2007-087, 089, 090, 091, 092, 093, 094, 095, 096, 097,
098, 100, 101 -Execute agreement with the following non-profit
agencies awarded funds:
CITY COUNCIL MINUTES 140 APRIL 16, 2007
CONSENT CALENDAR
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Item 10.A.)
10.A. REGULAR MEETING MINUTES OF APRIL 2, 2007
BOARDSlCOMMISSION S/CO MM ITTE ES
13.A. VACANCY REPORT -APRIL 11, 2007
The Vacancy Report reflects only appointments made by the Council.
Motion: Receive and file.
BOARD/COMMISSION VACANCIES
Community Redevelopment 1
Housing Commission
Youth Commission -Alternate 3
Youth Commission -Regular 1
Personnel Board 7
TOTAL 6
BOARDlCOMMISSION EXPIRED
TERMS
Historic Resources Commission 1
WARD
Tenant
1,3 & 5
1
5
WARD
6
CITY COUNCIL MINUTES 136 APRIL 16, 2007
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 16, 2007
TITLE:
AGR881[~NT FOR GOVERNMENT
LIAISON SERVICES WITH II.S.
ADVOCACY
ro`~'
CITY MANAGER
RECOMMENDED ACT10N
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~` Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with U.S. Advocacy for
government liaison services in an amount not to exceed $60,000.
U.S. Advocacy is a full-service firm specializing in all facets of
governmental relations. The company was founded in 1987, when Bruce
Young retired from the Legislature to enter the private sector.
Mr. Young has worked with the City of Santa Ana for the past eight
years. In this legislative year, U.S. Advocacy will be responsible for
representing the City's interests in Sacramento including: strategic
direction in the protection of local government revenue and
redevelopment funds; securing funds for parks and recreational centers;
advocating for the extension of Santa Ana's enterprise zone; and
assisting to secure state grants. Lastly, Mr. Young will coordinate the
City's efforts with our regional partners, including the Transportation
Corridor Agencies, the Orange County Transportation Authority, the
Orange County Water District, the League of California Cities, and the
California Big Ten cities organization.
25C-1
U.S. Advocacy Agreement
April 16, 2007
Page 2
FISCAL IffiPACT
Funds are available in the Other Contractual Services accounts from the
Public Works Administrative Services account (account no. 101-601-6291},
the Community Development South Main Administration account (account no.
550-932-6291), and the City Manager's Non-Departmental account (account
no. 11-012-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
G..'ROSS Francisco Gutierrez
iue Director Executive Director
.Works Agency Finance & Mgmt. Services Agency
~~
Stephen G. Har ing
Deputy City Manager for Development Services
Community Development Agency
2rC-2