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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 "E"X8IT12 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. Page 1 of 14 I" 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 Pa e20ft4 1 IT1O 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 Pa e 3 of 14 13IY1 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. EPae 4 of 14 25�B1�� 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. Pa e 5 of t4 W13 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 Pa6of 14 BIW Z4 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 Pa e7f1 �B� t 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: Pa e8f1 tB 26 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] Pa e9f1 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, Pae 11 off 14 I L.7 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 Pae12of14 BIT -2- -30 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 Pa e13of14 x4i 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 Pa e14of14 i I'S2