HomeMy WebLinkAbout25A - AGMT GOVERNMENT LIAISONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 3, 2018
TITLE:
APPROVE AGREEMENTS WITH
HOLLAND & KNIGHT, LLP AND
TOWNSEND PUBLIC AFFAIRS, Inc.
FOR FEDERAL AND STATE
GOVERNMENT LIAISON SERVICES,
RESPECTIVELY
(STRATEGIC PLAN NOS. 1-7)
V
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with
Holland & Knight, LLP of Washington, D.C. for federal government liaison services for a
three year term beginning April. 1, 2018 through March 31, 2021 with a one year extension
exerciseable by the City Manager, at a total annual amount of $117,600, and an aggregate
amount of $352,800 for three (3) years, subject to non -substantive changes approved by
the City Manager and the City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute an agreement with
Townsend Public Affairs, Inc. for state government liaison services, for a for a three year
term beginning April 1, 2018 through March 31, 2021 with a one year extension
exerciseable by the City Manager, at a total annual amount of $60,000, and an aggregate
amount of $180,000 for three (3) years subject to non -substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
Local government agencies rely on the expertise of state and federal government consultants to
represent their respective government agencies in Sacramento and Washington DC. This service
includes legislative monitoring and analysis, state budget advocacy, and grant coordination and
advocacy. Government consultants further provide monitoring of executive proposals and
legislation as well as administrative rules and regulations that may affect cities. Government liaison
services are also essential in identifying funding opportunities, grant applications and other special
programs for which the City may qualify.
25A-1
Approve Agreements with Holland & Knight and Townsend Public Affairs for Federal and State
Government Liaison Services, Respectively
April 3, 2018
Page 2
Holland & Knight and Townsend Public Affairs have helped the City secure millions of dollars in
grant funds and have helped the City receive other special programs and recognition, including but
not limited to the following:
Holland & Kniaht, LLP
• $50 million (Capital Investment Grants)
Over $5 million (Urban Area Security
Initiative Funding)
$3.75 million (COPS funding)
Townsend Public Affairs. Inc.
• $22 million (Redevelopment Dissolution
enforceable obligation determinations)
• $5.75 million (Safe Routes to School
Davis Elementary)
• $5 million (Roosevelt Elementary Park)
Holland & Knight serves as the federal representative and Townsend Public Affairs serves as the
City's state representative, and both consultants have been in good standing with the City. Given
that the government liaison services contracts with Holland & Knight and Townsend Public Affairs
expire on June 30, 2018 staff recommends continuing services with both consultants for a three-
year term (2018-2021) with the option of a one-year extension.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet all seven goals and objectives of the
strategic plan which include: Community Safety; Youth, Education, Recreation; Economic
Development; City Financial Stability; Community Health, Livability, Engagement and
Sustainability; Community Facilities and Infrastructure; and Team Santa Ana.
FISCAL IMPACT
Funds are available in Fiscal Year 2017-2018 in the following accounts from April through June
30, 2018:
Department
Account
Holland &
Knight
Townsend
Public Affairs
Public Works Administrative
Services
10117601 - 62300
$ 9,800
$5,000
Office of the Chief of Police
Contract Services - Professional
01114400 - 62300
$ 9,800
$5,000
General Fund Legislative Affairs
01104012 - 62300
$ 9,800
$5,000
TOTAL
$29,400
$15,000
25A-2
Approve Agreements with Holland & Knight and Townsend Public Affairs for Federal and State
Government Liaison Services, Respectively
April 3, 2018
Page 3
Funds will be budgeted and available in Fiscal Year 2018-2019 in the following accounts from
July 1, 2018 through June 30, 2019:
Department
Account
Holland &
Knight
Townsend
Public Affairs
Public Works Administrative
Services
10117601 - 62300
$ 39,200
$20,000
Office of the Chief of Police
Contract Services - Professional
01114400 - 62300
$ 39,200
$20,000
General Fund Legislative Affairs
01104012 - 62300
$ 39,200
$20,000
TOTAL
$117,600
$60,000
Funds will be budgeted and available in Fiscal Year 2019-2020 in the following accounts from
July 1, 2019 through June 30, 2020:
Department
Account
Holland &
Knight
Townsend
Public Affairs
Public Works Administrative
Services
10117601 - 62300
$ 39,200
$20,000
Office of the Chief of Police
Contract Services - Professional
01114400 - 62300
$ 39,200
$20,000
General Fund Legislative Affairs
01104012 - 62300
$ 39,200
$20,000
TOTAL
$117,600
$60,000
Funds will be budgeted and available in Fiscal Year 2020-2021 in the following accounts from
July 1, 2020 through March 31, 2021 (9 months):
Department
Account
Holland &
Knight
Townsend
Public Affairs
Public Works Administrative
Services
10117601 - 62300
$ 39,200
$20,000
Office of the Chief of Police
Contract Services - Professional
01114400 - 62300
$ 39,200
$20,000
General Fund Legislative Affairs
01104012 - 62300
$ 39,200
$20,000
TOTAL
$88,200
$45,000
25A-3
Approve Agreements with Holland & Knight and Townsend Public Affairs for Federal and State
Government Liaison Services, Respectively
April 3, 2018
Page 4
avi
Chief of Police
Santa Ana Police Department
C�91
Edwin "William" G Ivez,
Acting Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez *.(eon
Executive Director "S� /�y Pia)
Finance & Management Services Agency
EXHIBITS: 1. Professional Services Agreement- Holland & Knight
2. Professional Services Agreement - Townsend Public Affairs
25A-4
PROFESSIONAL SERVICES AGREEMENT TO PROVIDE
FEDERAL GOVERNMENT LIAISON SERVICES
WITH HOLLAND & KNIGHT, LLP
THIS AGREEMENT is made and entered into this I" day of April, 2018, by and between Holland
& Knight, LLP, a limited liability partnership ("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 ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the
field of securing federal funding and achieving determined legislative and
regulatory outcomes on behalf of the City.
B. Consultant represents that it 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 contracting 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
a. Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required
to fully and adequately complete the services described and set forth in Exhibit A,
attached hereto and incorporated by reference.
b. Control and Payment of Subordinates: Independent Contractor. The Services shall be
performed by Consultant or under its supervision. Consultant will determine the means,
methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services
under this Agreement on behalf of Consultant shall also not be employees of City and
shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
MBtt1
B
c. Conformance to Applicable Requirements. Consultant shall be subject to the approval
of City.
d. Substitution of Key Personnel. Consultant has represented to City that certain key
personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that
City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who
fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall
be promptly removed from the Project by the Consultant at the request of the City. The
key personnel for performance of this Agreement are as follows: Dan Maldonado.
e. City's Representative. The City hereby designates the City Manager, or his or her
designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City
for all purposes under this Contract. Consultant shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
Consultant's Representative. Consultant hereby designates Dan Maldonado or his or
her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority
to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his best
skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
g. Coordination of Services. Consultant agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
h. Standard of Care; Performance of Employees. Consultant shall perform all Services
under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term
of this Agreement. Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub -consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be re-
employed to perform any of the Services or to work on the Project.
Laws and Regulations. Consultant shall keep itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection
with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant
shall be solely responsible for all costs arising wherefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from any
claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
an amount not to exceed $9,800 per month or $117,600 yearly. The total amount
to be expended during the term of the Agreement shall not exceed $352,800.
b. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses
unless authorized in writing by City.
C. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be
expected by City.
R2001Y*301
This Agreement shall commence on the date first written above for a three (3) year term
with the option for the City to grant up to a one year (1) -year renewal, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17,
below.
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 an employer-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. 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. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractors prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
=4
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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 of the 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.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. 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 by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
INDEMNIFICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees and consultants from and against any damages or claims resulting from or
arising out of Consultant's negligent or wrongful acts, errors or omissions.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. 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 the 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 the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRINIINATION
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.
214 T�3o
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 or 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.
14. 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.
15. SUBCONTRACTING
Consultant shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERNIINATION
This Agreement may be terminated by the City 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 Executive Director 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 thereof for 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 of this Agreement.
18. 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 of the 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.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this 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 immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. PROIIIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company
or person, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award
or making of this Agreement. Consultant further agrees to file, or shall cause its employees or
subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required
under state law in the performance of the Services. For breach or violation of this warranty, City
shall have the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall have
any direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
eA of 13
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21. 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 fax 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
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6954
To Consultant: Holland & Knight LLP
Attn: Eve O'Toole, Senior Policy Advisor
800 17th Street, Suite 1100
Washington, D.C. 20006
Fax: 202-955-5564
A party may change its address by giving notice in writing to the other party. Thereafter,
any 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. If sent by fax, 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 excluded.
2 AMS
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this 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 of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: V,
UJ-
7ss
Funk
nistant City Attorney
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
HOLLAND & KNIGHT, LLP
Dan Maldonado
Senior Policy Advisor
"IT I
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
FEDERAL GOVERNMENT LIAISON SERVICES
The City of Santa Ana will obtain professional consulting services from a firm to provide
federal government liaison services. The consultant works under the policy direction of the
Mayor and City Council and is administratively responsible to the City Manager. The
primary responsibility of the consultant will be to secure federal funding and achieve
determined legislative and regulatory outcomes on behalf of the City of Santa Ana as
outlined in the Scope of Services below.
II. SCOPE OF SERVICES
A. Consultant will act as the City's Federal Representative in Washington, D.C.
B. Consultant will confer with the City Manager and other City personnel as designated
by the City Manager at the times and places mutually agreed to by the City and the
Consultant on all organizational planning and program activity, which has a bearing
on the ability of the City to utilize federal programs.
C. Consultant shall serve as lead advocate on City issues if the City contracts for the
services of other Washington DC representatives. Consultant shall coordinate such
other services.
D. Consultant shall arrange for an annual visit to the City of Santa Ana for a legislative
committee meeting and/or to meet with the City Council, City Manager, Executive
Directors, and/or designated personnel.
E. Consultant shall arrange meetings with members of Congress, the City's delegation,
and committees, as well as with top federal department and agency officials that will
provide opportunities for City personnel and City Council Members to present and
advance the City's priorities.
Consultant will review federal executive proposals, legislation under consideration,
proposed and adopted rules and regulations, and other Washington developments
for the purpose of advising the City on those items which may have an effect on City
policies or programs. Reporting on such developments shall be made available to the
City on a monthly basis.
G. Consultant will secure and furnish such detailed information as may be available on
federal issues in which the City indicates an interest.
H. At the request of the City Manager, Consultant will review and comment on proposals
of the City which are being prepared for submission to federal agencies.
M- 15
I. Consultant will maintain a liaison with the City's federal legislative 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.
J. Consultant will counsel the City regarding appearances by City personnel and/or the
City Council before Congress, federal committees and/or administrative agencies.
Consultant will arrange for appointments and accommodations for City personnel
and/or the City Council, as necessary.
K. Consultant will contact federal agencies on the City's behalf when City applications
are under consideration by such agencies and take the necessary steps to obtain the
most favorable consideration of such applications.
L. Consultant shall provide legislative training for City Personnel and/or the City Council
that shall include the following: Legislative Process, Budget Process, and Legislative
Analysis.
M. In fulfilling responsibilities under this Agreement, Consultant will act on behalf of the
City, serving as the Federal Representative to the City Manager.
N. Consultant will utilize its extensive relationships with national local government
organizations, policy groups and forums to advance the City's shared priorities and
initiatives.
To further the Scope of Services listed above, the consultant will identify funding
opportunities, advance legislative priorities, and help the City participate in initiatives in
the following key federal agencies:
Department of Housing and Urban Development
o Public and Indian Housing, including Housing Choice Voucher Programs
• Community Planning and Development including Community Development
Block Grant Program,
• Home Investment Partnerships Program
• Emergency Solutions Grants Program
• Housing Opportunities for Persons with AIDS
o Empowerment Zones
o Homeless Assistance Programs including HUD-VASH
U.S. Interagency Council on Homelessness
Department of Health and Human Services
Administration for Children and Families/Community Services Programs
Department of Labor
• Employment and Training Administration including Workforce Innovation &
Opportunity Act Funds
Department of Transportation
Federal Transit Administration/Capital Investment Grants
Federal Highway Administration
Highway Bridge Replacement and Rehabilitation
Highway Safety Improvement Program
TIGER (Transportation Investment Generating Economic Recovery)
Infrastructure Package (which would be developed through Congressional action)
Department of Justice
Federal Equitable Sharing (Asset Forfeiture)
Anti -Gang Initiative
Byrne and other Justice Assistance Grant
Community Oriented Policing Services
Immigration and Customs Enforcement
Cannabis Related Enforcement Provisions
U.S. Marshals
Body Camera Grants including evaluation
Domestic Violence Assistance Program
Department of Homeland Security
Urban Area Security Initiative
FEMA Program Grant and Disaster Assistance Programs
Department of Treasury
Community Financial Institutions Fund including New Market Tax Credits
and Opportunity Zones
U.S. Department of Commerce
Economic Development Grants
Funding of 2020 Census (assistance to localities/funding of field operations)
Institute of Museum and Library Services
Library Services & Technology Act
U.S. Environmental Protection Agency
Water Infrastructure Funding
HIBITI37
25A-18
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE STATE GOVERNMENT LIAISON SERVICES
WITH TOWNSEND PUBLIC AFFAIRS, INC.
THIS AGREEMENT is made and entered into this 15t day of April, 2018, by and between
Townsend Public Affairs, Inc., a California Corporation ("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 ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the
field of securing state funding and achieving determined legislative and regulatory
outcomes on behalf of the City.
B. Consultant represents that it 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 contracting 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
a. Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required
to fully and adequately complete the services described and set forth in Exhibit A,
attached hereto and incorporated by reference.
b. Control and Payment of Subordinates: Independent Contractor. The Services shall be
performed by Consultant or under its supervision. Consultant will determine the means,
methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services
under this Agreement on behalf of Consultant shall also not be employees of City and
shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
c. Conformance to Annlicable Requirements. Consultant shall be subject to the approval
of City.
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d. Substitution of Key Personnel. Consultant has represented to City that certain key
personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that
City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who
fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall
be promptly removed from the Project by the Consultant at the request of the City. The
key personnel for performance of this Agreement are as follows: Christopher
Townsend.
C. City's Representative. The City hereby designates the City Manager, or his or her
designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City
for all purposes under this Contract. Consultant shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
f. Consultant's Representative. Consultant hereby designates Christopher Townsend, or
his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority
to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his best
skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
g. Coordination of Services. Consultant agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
h. Standard of Care: Performance of Employees. Consultant shall perform all Services
under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term
of this Agreement. Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub -consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
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timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall bepromptly removed from the Project by the Consultant and shall not be re-
employed to perform any of the Services or to work on the Project.
Laws and Regulations. Consultant shall keep itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection
with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant
shall be solely responsible for all costs arising wherefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from any
claim or liability arising out of any failure or alleged failure to comply with such laws,
rules or regulations.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
an amount not to exceed $5,000 per month or $60,000 yearly. The total amount to
be expended during the term of the Agreement shall not exceed $180,000.
b. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses
unless authorized in writing by City.
C. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term
with the option for the City to grant up to a one year (1) -year renewal, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17,
below.
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 an employer-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. Consultant shall pay all salaries and wages, employer's social
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security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractors prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 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 of the 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.
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d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. 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 fumished to the City upon execution of
this Agreement and shall be approved by the City.
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.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Consultant's
right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from 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 of the 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.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
9. 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 the 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 the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-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
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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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 or the City. Each parry 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.
14. 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.
15. SUBCONTRACTING
Consultant shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERIVIINATION
This Agreement may be terminated by the City 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 Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
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such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for 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 of this Agreement.
18. 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 of the 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.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this 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 immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
20. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company
or person, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award
or making of this Agreement. Consultant further agrees to file, or shall cause its employees or
subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required
under state law in the performance of the Services. For breach or violation of this warranty, City
shall have the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall have
any direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
21. 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 fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-31)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6954
To Consultant: Townsend Public Affairs, Inc.
Attn: Christopher Townsend, President
1401 Dove Street, Suite 330
Newport Beach, CA 92660
A party may change its address by giving notice in writing to the other party. Thereafter,
any 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. If sent by fax, 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 excluded.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this 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 of this Agreement.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
J . Funk
A sistant City Attorney
r
CITY OF SANTA ANA
RAUL GODINEZ II
City Manager
TOWNSEND PUBLIC AFFAIRS
Christopher Townsend
President
EXHIBIT A
SCOPE OF SERVICES
CITY OF SANTA ANA
STATE GOVERNMENT LIAISON SERVICES
The City of Santa Ana will obtain professional consulting services from a firm to provide
state government liaison services. The consultant works under the policy direction of the
Mayor and City Council and is administratively responsible to the City Manager. The
primary responsibility of the consultant will be to secure state funding and achieve
determined legislative and regulatory outcomes on behalf of the City of Santa Ana as
outlined in the Scope of Services below.
II. SCOPE OF SERVICES
A. Consultant will act as the City's State Representative in Sacramento, California
B. Consultant will confer with the City Manager, and other City personnel as designated
by the City Manager, at the times and places mutually agreed to by the City and the
Consultant on all organizational planning and program activity, which has a bearing
on the ability of the City to utilize state programs.
C. Consultant shall serve as lead advocate on City issues if the City contracts for the
services of other Sacramento representatives. Consultant shall coordinate such
other services.
D. Consultant shall arrange for an annual visit to the City of Santa Ana for a legislative
committee meeting and/or to meet with the City Council, City Manager, Executive
Directors, and/or designated personnel.
Consultant shall arrange meetings with members of the Legislature, committees,
administration, state agencies, departments and commissions to allow for City
personnel and/or the City Council to present and advance the City's priorities.
F. Consultant will review state executive proposals, legislation under consideration,
proposed and adopted rules and regulations, and other developments in Sacramento
for the purpose of advising the City on those items which may have an effect on City
policies or programs. Reports on such developments shall be made available to the
City on a monthly basis.
G. Consultant will secure and supply such detailed information as may be available on
state issues in which the City indicates an interest.
H. At the request of the City Manager, Consultant will review and comment on proposals
which are being prepared by the City for submission to state agencies.
Consultant will maintain a liaison with the City's state legislative delegation and will
assist the delegation, in any matter which the City determines to be in its best interest,
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in the same manner as any other member of the City's administrative staff might
render assistance.
J. Consultant will counsel the City regarding appearance by City personnel and/or the
City Council before the Legislature, legislative committees, and/or administrative
agencies. Consultant will arrange for appointments and accommodations for City
personnel and/or the City Council, as necessary.
K. Consultant will contact state agencies on the City's behalf when City applications are
under consideration by such agencies and otherwise take the necessary steps to
obtain the most favorable consideration of such applications.
L. Consultant shall provide legislative training for City Personnel and/or the City Council
that shall include the following: Legislative Process, Budget Process, and Legislative
Analysis.
M. In fulfilling responsibilities under this Agreement, the Consultant will act in the name
of the City of Santa Ana and with the title State Representative to the City Manager.
N. Consultant will utilize its extensive relationships with other local government
organizations, policy groups and forums to advance the City's shared priorities and
initiatives.
To further the Scope of Services listed above, the consultant will identify funding
opportunities, advance legislative priorities, and help the City participate in initiatives in
the following key state agencies:
Programmatic Opportunities
California Employment Development Department
Workforce Innovation & Opportunity Act
Job Corps
Employment Development Department —Workforce Services Branch
California Workforce Development Board
Vocational Training & Work Experience Program
California Department of Food and Agriculture
CalCannabis
California Department of Public Health
Center for Chronic Disease Prevention and Health Promotion
Manufactured Cannabis Safety Branch
California Office of Emergency Management Services
Victim Services Programs
California State Library Services Board
Library Services & Technology Act
California Office of Traffic Safety
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DUI Enforcement and Awareness Program
Selective Traffic Enforcement
California Bureau of Cannabis Control
California Environmental Protection Agency - CaIEPA
California Department of Industrial Relations - CalOSHA
Grant Funding Opportunities
California Department of Transportation
Local Highway Bridge Program
Regional Surface Transportation
Highway Safety Improvement Program
Sustainable Communities Planning Grant
California Department of Parks and Recreation
Land and Water Conservation Program
Habitat Conservation Fund
Proposition 84 State Grants
Proposition 68 State Grants (pending voter approval on June ballot)
California Transportation Commission
Active Transportation Program
California Department of Housing and Community Development
Housing Related Parks Program
California Natural Resource Agency
Urban Greening Program
Environmental Enhancement and Mitigation Program
California Coastal Conservancy
Proposition 1 Grants
California State Water Resources Control Board
Proposition 1 Stormwater Grant Program
Proposition 1 Groundwater Sustainability Program
California Department of Water Resources
Urban Streams Restoration Program
Sustainable Groundwater Planning Grant Program
Integrated Regional Water Management Grant Program
Water Energy Grant Program
California Department of Forestry and Fire Protection (CAL FIRE) — FORESTRY
Urban and Community Forestry Program
CalRecycle
Household Hazardous Waste Grant Program
Tire Recycling, Cleanup and Enforcement Grants
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California Governor's Office of Business and Economic Development
California Infrastructure State Revolving Fund
South Coast Air Quality Management District - Mobile Source Air Pollution
Reduction
Local Government Partnership Program
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