HomeMy WebLinkAbout25J - AGMT - FED GVT LIAISONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 19, 2016
TITLE:
AMENDMENT TO AGREEMENT FOR
FEDERAL GOVERNMENT LIAISON
SERVICES WITH HOLLAND & KNIGHT
(STRATEGIC PLAN NOS. 1 - 7)
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 16' Reading
❑ Ordinance on V Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement
with Holland & Knight to expand the scope of services for federal government liaison services,
increase the compensation by $4,200 ($1,400 per month), retroactive to April 1, 2016 to June 30,
2016 for a total annual cost not to exceed $117,600, with an option of a one -year renewal
exercisable by the City Manager, subject to non - substantive changes approved by the City
Manager and City Attorney,
DISCUSSION
On August 5, 2014, the City Council authorized the City Manager and Clerk of the Council to
execute an agreement with Holland & Knight for federal government liaison services (Exhibit 1).
Through sustained, strategic federal advocacy activities with Holland & Knight over the past two
years, the City has strengthened its presence and engagement with Congress, the White House,
and various Federal agencies, resulting in significant policy and funding achievements. For
example, the City has secured over $11 million in Urban Area Security Initiative (UASI) funding
and $2.5 million in Community Oriented Policing Services (COPS) funding. In addition, the City
successfully extended the Empowerment Zone Employment Credit through 2016. Future grant
funding includes $125 million for the OC Streetcar Project, identified in the President's proposed
budget for Fiscal Year 2017. Holland & Knight also worked closely with the US Marshalls and
Immigration and Customs Enforcement (ICE) to ensure that the Santa Ana jail received adequate
reimbursement.
The City's proactive approach in Washington, D.C. has helped foster relationships with key policy
makers that have enabled the City to influence the direction of legislation and program funding to
better support its priorities.
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Amendment to Agreement for Federal Government Liaison Services with Holland and Knight
April 19, 2016
Page 2
At the March 22, 2016 Legislative Council Committee meeting, Committee members discussed
an expansion in the scope of servies from Holland & Knight. Staff recommends the expansion of
Holland & Knight's scope of services to further raise the City's national profile, which includes the
following (Exhibit 2):
1. Determine which of the City's accomplishments and priorities to elevate nationally,
matching them with issues prominent on the national level and where there is the ability for
the City to have a strong voice.
2. Work with the City to develop a compelling "Santa Ana" narrative, highlighting its key
policy and programmatic successes.
3. Identify opportunities to highlight the City's work with Congressional leaders, the White
House, and Administration officials.
4. Build new partnerships with outside national stakeholder groups to help support and
showcase the City's initiatives.
5. Work with the City's team to help create messaging and related materials that incorporate
the City's story, reflect the City's strategic vision, and highlight potential media /social
media opportunities that help feed the City's national advocacy effort.
6. Maintain constant contact with the City on strategic implementation, making adjustments
to strategy as federal, political, and legislative factors evolve.
These activities would complement Holland & Knight's existing scope of services, some of which
include: working closely with the City to set its federal priorities; ensuring that the City's
delegation is familiar with and supportive of the City's key issues; coordinating all federal
advocacy visits; participating in quarterly Legislative Council Committee meetings; participating in
monthly calls with City staff; and being available 24/7 as other issues arise. These services are
described in the Request for Proposals for Federal Government Liaison Services Scope of
Services (Exhibit 3).
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
The following accounts will have an increased amount of $1,400 (totaling $4,200) for the months
of April, May and June of Fiscal Year 2015 -2016: Public Works Administrative Services account
(no. 10117601 - 62300), Office of the Chief of Police Contract Services - Professional account
(no. 01114400 - 62300), and General Fund Legislative Affairs account (no. 01104012 - 62300).
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Amendment to Agreement for Federal Government Liaison Services with Holland and Knight
April 19, 2016
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
Exhibits 1. Original Agreement No. A- 2014 -193
2. Proposed Second Amendment to Agreement
3. Request for Proposal for Federal Government Services Liaison Services - Scope
of Services
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WORK MAY PROCER) A- 2014 -193
UNTII.INSUNA CEFXPIFlF�„
CLERK OF COUNOR.
DATE: `/ CITY OF SAN'T'A ANA
i
HOLLAND AND KNIGHT
PROFESSIONAL, SERVICES AGREEIVIENT
1, PARTIES AND DATE,
This Agreement shall be deemed effective as of July 1, 2014 by and between the City of
Santa Ana, a charter city of the State of California ( "City") and Rolland and Knight of
Washington D.C. with its principal place of business at 800 17" Street N.W., Suite 1100,
Washington, DC, 20006 ( "Consultant "). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties,"
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the teens and conditions set forth in this
Agreement. Consultant represents that it is experienced in developing federal communications
and legislative strategies for public clients, is a full service government relations firm registered
with both the U.S. Senate & House of Representatives, and is familiar with issues identified by
City in City's Legislative Priorities document. .
2.2 Project.
City desires to engage Consultant to render Federal Legislative Advocacy and Liaison
services ( "Project') as set forth in this A.6rm-nent.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of ,Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional federal legislative advocacy and liaison
consulting services necessary for the Project ( "Services " ). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference, All Services
shall be subject to, and ,performed in accordance with„ this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules
and regulations.
3.1.2 Term. The Initial Term of this Agreement shall be from July 1, 2014
through July 1, 2015, unless earlier terminated or extended as provided herein, On or before July
1, 2015 and July, 1, 2016, as the case may be, the City Manager shall have the authority to
extend the Initial Term for up to two additional true -year teens (Additional Terms). All
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extensions, if granted, must be in writing executed by both parties. The City Manager's
authority to extend this Agreement is limited to the Initial and Additional Terns only.
3.2 Responsibilities of Consultant.
3.2.1 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 tat withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Intentionally Omitted.
3.2.3 Confonnance to Applicable Requirements, All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 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
ccumot 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.
3.2.5 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.
3.2.6 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 shill and
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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.
3.23 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.
3.2.8 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.
3.2.9 haws 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 wherefrorn. 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,
3.2. 10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required Linder this section. In addition, Consultant shall not allow any
subcontractor to commence wort on ,my subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10,2 Minimum Reguirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
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persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance,
(B) Minimum Limits of Insurance, Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage, If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement /location or the general aggregate limit shall be twice the required occurrence limit;
and (3) Workers' Compensation and employer's Liability: Workers' Compensation limits as
required by the District of Columbia.
3.2,10.3 Professional Liability. . Professional liability (errors and
omissions) insurance, with a combined single limit of not less than $1,000,000 per claim.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied, or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City shall be covered as additional insured with respect to the
Work or operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (2) the insurance coverage shall be
primary insurance as respects the City shall stand in an unbroken chain of coverage excess of the
Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the
City shall be excess of the Consultant's insurance and shall not be called upon to contribute with
it in any way.
(B) [intentionally Omitted].
(C) Workers' Compensation and Employers LiabilitX
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terns of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
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3.2.10.5 Separation of Insureds: No Special Limitations, All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Acceptability of Insurers, Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Covera e. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be it) compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation in the amount of
$8,400 (Eight Thousand Four Hundred dollars) per month. The total compensation shall not
exceed $100,800 (One Hundred Thousand Eight Hundred dollars) in any one -year term.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work, Section Removed
3.3.5 _ Prevailin Wages. Section Removed
3.4 Accounting Records.
3.4.1 Maintenance and fns ection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Tennination of Agreement.
3.5.1.1 Grounds for Termination. City or Consultant may terminate the
whole or any part of this Agreement at any time and without cause by giving written notice to the
other party of such termination, and specifying the effective date thereof, at least thirty (30) days
before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services and authorized reimbursable expenses which have been
adequately rendered to or on behalf of City, and Consultant shall be entitled to no further
compensation.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) clays of the request.
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3.5.13 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated,
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: Holland and Knight LLP
800 17`x' Street NW, Suite 1100
Washington, D.C. 20006
Fax: 202- 955 -5564
Attn: Eve O'Toole, Senior Policy Advisor
City: City of Santa Ana
20 Civic Center Plaza (M -31)
P.O. Box 1985
Santa Ana, California 92702
Fax: 714-647-6954
Attn: David Cavazos, City Manager
Such notice shall be deemed made when personalty delivered or when mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Con.fidentialit .
3.5.3.1 Documents & Data; Licensing of Intellectual Property. 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 subcontractor prepares tinder 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 prepared by design professionals other than Consultant or 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.
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3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional docimlents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees, If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 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,
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Orange County,
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
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hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction. References; Ca tp ions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Part Bent' ^ _ eficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 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 fiirther
agrees to file, or shall cause its employees or subconsultants 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.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but riot be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
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or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affinnative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5,21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original,
3.6 Subcontracting.
3.6.1 Prior Approval Required. 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.
[Signatures on Next Page]
MIME
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the elate and year first above
written.
CITY OF SANTA ANA
By:� L�
David Cavazos
City Manager
Attest:
Maria D. Huizar, City Cie,
Approved cis to Form:
Jouna, A. k" wxn,,
Sonia R. Carvalho, City Attorney
HOLLAND AND KNIGHT LLP
k irrOA / it )V�
Daniel Maldonado
Senior Policy Advisor
2 45
25J -16
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
(Increase in Compensation)
This Second Amendment to Consultant Agreement ( "Second Amendment ") is entered
into between (i) The City of Santa Ana ( "City "), a charter city of the State of California and a
municipal corporation, and (ii) Holland and Knight of Washington D.C. with its principal place
of business at 800 17th Street N.W., Suite 1100, Washington D.C, 20006) Consultant "). This
Second Amendment is intended to increase compensation pursuant to Section 3.3.1 of that
Agreement entered into on July 1, 2014 and amended by a First Amendment dated July 15, 2015.
This Second Amendment shall become effective upon the date of the last signature to this
Second Amendment.
EFFECT UPON ORIGINAL AGREEMENT. The Original Professional Services
Agreement dated July 1, 2014, ( "Original Agreement') and the First Amendment dated July 15,
2015 shall remain in full force and effect according to its terms, unless otherwise expressly
amended by this Second Amendment.
AMENDMENT OF SECTION 3. Section 3.3.1 of the Original Agreement is amended
to read as follows:
"3.3.1. Compensation. Consultant shall receive compensation in the amount
of $9,800 (Nine Thousand Eight Hundred dollars) per month. The total compensation
shall not exceed $117,600 (One Hundred Seventeen Thousand Six Hundred dollars)
in any one -year term."
SIGNATURE AND AUTHORITY TO EXECUTE. The Parties hereto further
represent and declare that they carefully read this Second Amendment and know the contents
thereof, and that they sign the same freely and voluntarily. Each Party represents and warrants
that it has the legal right, power and authority to enter into this Second Amendment and to
consummate the transactions contemplated hereby.
[signatures on following page]
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THE CITY OF SANTA ANA,
a California municipal corporation
Date: By:
ATTEST:
MARIA D. HUIZAR
City Clerk
APPROVED AS TO FORM:
City Attorney
Date:
DAVID CAVAZOS
City Manager
CONSULTANT
HOLLAND AND KNIGHT
C
2
DANIEL MALDONADO
Senior Policy Advisor
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KC113Y1
CITY OF SANTA ANA
REQUEST FOR PROPOSAL FOR
FEDERAL GOVERNMENT LIAISON SERVICES
SCOPE OF SERVICES
The City of Santa Ana Is seeking Requests for Proposals from a professional consulting 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 principle responsibility of the consultant will be to secure federal funding and
achieve determined legislative and regulatory outcomes on behalf of the City as outlined In
the Scope of Services below.
II. SCOPE OF SERVICES
A. Consultant will act as a Washington Representative to the City in Washington, D. C.
S. The Consultant will confer with the City Manager and such other City personnel as he
may designate 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 representatives. Consultant 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. 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.
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,
mv-
City of S ervices
Page 9
Exhibit 3
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99999.91060\2925571.4 25J-19
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.
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.
In addition to the Scope of Services listed above, the City seeks assistance in identifying funding
opportunities and grant applications and other special programs for which the City may qualify.
Below Is a detailed listing of existing federally funded programs /grants administered by the City:
U.S. Department of Housing and Urban Development
Community Development Slook Grant
Neighborhood Stabilization Program 1
Neighborhood Stabilization Program 3
Emergency Shelter/Solutions Grant
ARRA - Homelessness Prevention and Rapid Rehousing
Section S Housing Choice Vouchers
Housing Opportunities for Persons with AIDS
Home Investment Partnerships Program
ARRA - Neighborhood Stabilization Program 2
U.S. Department of Labor
CA Employment Development Department:
Workforce Investment Act Cluster:
Job Tech Center
H -18 Job Training Grant
South Bay Workforce Investment Board:
National Emergency Grant
U.S, Department of Transportation
CA Department of Transportation:
Highway Bridge Replacement and Rehabilitation
Regional Surface Transportation
Arterial Highway Rehabilitation Program
SAFETEA -LU
CA Department of Parks and Recreation:
Natlonai Recreation Trails Program
CA Department of Transportation:
Highway Safety Improvement Program
Hazardous Elimination Safety Program
CA Office of Traffic Safety:
DUI EnforcemenllAwaroness 2010
Selective Traffic Enforcement
U.S. Department of Justice
Federal Equitable Sharing (Asset Forfeiture)
CA Emergency Management Agency:
OES -Anti -Gang Initlative
County of Orange Sheriffs Department:
Byrne Justice Assistance Grant
County of Orange Sheriffs Department:
City of Santa Ana RFP 12.078 — Federal Government Liaison Services
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25J -20
ARRA - Byrne Justice Assistance Grant 2009
ARRA - Community Oriented Policing Services
U.S. Department of Homeland Security
CA Emergency Management Agency:
Urban Area Security Initiative
FEMA Metro Mad Response
FEMA - Metro Mod Response 2009
CA Emergency Management Agency:
Interoperable Emergency Communications 2010
FEMA Flood Emergency
FEMA - Assist Firefighters 2008
U.S. Department of Commerce
CA Emergency Management Agency:
Public Safety Interoperable Communications 2007
U.S. Department of Health and Human Services
County of Orange Social Services Agency
Vocational Tralning & Work Experience Program
U.S. Institute of Museum and Library Services
CA State Library:
Library Services & Technology Act FY
Laura Bush IMLS Seeds to Trees
U.S. Department of Energy
ARRA - Energy Conservation
U.S. Environmental Protection Agency
Water Infrastructure Special Appropriation -
West Pump Facility Upgrade
City of Santa Ana RFP 12.075 - Federal Government Llalson Services
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