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Home My WebLink About25S - GOV LIAISON SVCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2008 TITLE: AGREEMENT FOR GOVERNMENT LIAISON SERVICE WITH THE FERGUSON GROUP OF WASHINGTON, D.C. rc~~ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare an of the Council to execute an agreement the Ferguson Group in an amount not to CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER d authorize the for government exceed $75,000. DISCUSSION The Ferguson Group has served as the D.C. since 1987. The service includes executive proposals and legislation, regulations that may affect the City. City with grant applications and other may qualify. City Manager and Clerk liaison services with City's representative in Washington, the review and monitoring of federal as well as administrative rules and The Ferguson Group also assists the special programs for which the City In the current fiscal year, the Ferguson Group assisted with appropriations for the Bristol Street Widening Project, police grants, water well rehabilitation projects, Workforce Development monies, Empowerment Zone funding, arts and technology projects, and various other legislative and administrative initiatives. 25S-1 Ferguson Agreement July 7, 2008 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 101-601-6291), the Community Development accounts (nos. 570-932-6291, 570- 933-6291, and 570-935-6291), and the City Manager's Office account (no. 11- 011-6191). APPROVED AS TO FUNDS AND ACCOUNTS: ~O James G. Ross v` Executive Direc or Public Works Agency Nancy T. E wards Acting Exe utive Director Community Development Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25S-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 7~' day of July, 2008 by and between The Ferguson Group, L.L.C. (hereinafter "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 A. The City desires to retain a consultant having special skill and knowledge in the field of providing government liaison services. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 government liaison and lobbying services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six- Thousand, Two-hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this Agreement. The total amount payable under this Agreement shall not exceed Seventy-Five Thousand dollars ($75,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 3. TERM This Agreement shall commence on July 1, 2008 and terminate on June 30, 2009, unless terminated earlier in accordance with Section 11, below. 25S-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint 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. Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not employees of City. 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall deferid, indemnify and save harmless City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 6. 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 of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE City acknowledges that Consultant may represent other clients in Washington D. C. during the term of this Agreement. If a potential conflict of interest arises due to this 2 25S-4 representation, Consultant shall notify the City, in writing, immediately and provide the name and address of each client under contract. 8. REPRESENTATIVES AND NOTICE The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager/Council Support Office 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile 714-647-6954 To Consultant: The Ferguson Group, L.L.C. 1130 Connecticut Avenue, N.W., Suite 300 Washington, D.C. 20036 Telefacsimile 202-331-1598 9. 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 of this Agreement and any attachments hereto, the terms of this 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. 10. ASSIGNMENT Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. 25S-5 11. TERMINATION This Agreement may be terminated at any time by mutual agreement of the parties hereto or by thirty (30) days written notice by either party to the other. 12. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONS Chief Executive~ficer The Ferguson Group, L.L.C. 4 25S-6 EXIiIBIT A OBLIGATIONS OF THE FERGUSON GROUP L.L.C. A. The Ferguson Group will act as a Washington Representative to the City in Washington, D. C. B. The Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of federal programs. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives and The Ferguson Group shall coordinate such other services. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. F. Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the Administrator. G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. J. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. 25S-7 K. Consultant shall focus its efforts on the following: 1. Assist the City in securing full funding for its federally designated Empowerment Zone; 2. Assist the City in its efforts to obtain funding for the Bristol Street Widening Project; 3. Assist the City in its efforts to obtain funding for infrastructure improvement projects such as storm drains; 4. Assist the City in its efforts to obtain funding for Santa Ana's Youth Projects and Workforce Investment Programs. 25S-8 ~~ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/08/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION State Farm Insurance, Pat Dady -Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15215 Shady Grove Road, Suite 102 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Rockville, MD 20850-3235 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t INSURERS AFFORDING COVERAGE NAIC # INSURED THE FERGUSON INSURER A: State Farm Fire and Casualty Company 25143 GROUP LLC SUITE 300 INSURER B: 1130 CONNECTICUT AVE NW INSURER C: WASHINGTON DC 20036-3981 INSURER D: A /'~c~ INSURER E: OOVEP THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD POLICY EXPIRATION DATE (MMfDD/Yl') LIMITS X X GENERAL LIABILITY 99-BU-8962-7 4/8/08 4/8/09 EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRAEMISES Eaocwrrence $ 100, 000 CLAIMS MADE OCCUR MEDEXP An one erson $ 5, 000 X Hired Auto PERSONA O L&ADVINJURY $ X Nonowned Auto GENERAL A R ' 2 000 000 ' GG EGATE , , $ GEN LAGGREGATE LMffAPPUES PER: PRO- PRODUCTS - COMP/OP AGG $ 2 , O O O , O O O POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ X EXCESS/UMBRELLALIABILITY 99-BU-8978-1 4/8/08 4/8/09 EACH OCCURR 4 000 000 ENCE , $ , X OCCUR ~CLAIMSMADE AGGREGATE $ 4, 000, 000 DEDUCTIBLE X RETENTION $ 10000. X WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 99-M3-2306-1 4/8/08 4/8/09 WCSTATU- X OTH- TORY LIMITS ER ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1, 000, 000 If yes, describe under EL DISEASE - EA EMPLOYEE $ 1, 0 0 0 , 0 0 0 SPECIAL PROVISIONS below E.LDISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS f LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS Legislative Lobbyist CERTIFICATE HOLDER CANCELLATION i.i~y o= Santa tuna Its Employees, Agents, Volunteers & Representatives 20 Civic Center Plaza ,Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE /~ Pat Dady, Agent 301-948-4414 .: _ ~ ~~, ? , J~ r 132849 03-13-2007 ~ ~ w _ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ~ ~~ _ ~ 0 FE-6609 Page 1 of 1 SECTION II ADDITIONAL INSURED ENDOR5EMENT Policy No.: 99-BU-8962-7 Named Insured: THE FERGUSON GROUP LLC STE 300 1130 CONNECTICUT AVE NW WASHINGTON DC 20036-3981 STAB RARM INSVRANCR Additional Insured (include address): CITY OF SANTA ANA ITS EMPLOYEES, AGENTS, VOLUNTEERS & REPRESENTATIVES 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ^ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other provisions of the policy apply. FE-6609 25S-11 25S-12