RPVCCA_SR_2011_06_21_H_Federal_Advocates_Contract_ExtensionDISCUSSION
BACKGROUND
RANCHO PALOS VERDESCITYOF
MEMORANDUM
Since the beginning of the current contract period on September 1,2010,Federal
Advocates,Inc.has been working actively with Staff in the City Manager's Office and the
Public Works Department to secure legislative support for funding of the San Ramon
Canyon Stabilization Project as a part of the current Water Resources Development Act
(WRDA)appropriations and Safe,Accountable,Flexible,Efficient Transportation Equity
Authorize the Mayor and City Clerk to sign the agreement with Federal Advocates,Inc.,
thereby mutually agreeing to a 1-year extension of the existing Professional Services
Agreement through FY 2011-12.
On August 17,2010,the City Council approved the Professional Services Agreement (the
"Agreement")with Federal Advocates,Inc.for federal advocacy services related to the San
Ramon Canyon Stabilization Project.The Agreement is set to expire on June 30,2011.
Pursuant to Article 2,Section 2.6 of the Agreement,the City and Federal Advocates,Inc ..
"may renew the Agreement at the same compensation as in Article 2 of this Agreement for
two (2)one-year periods by mutual written agreement."
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYNN PETRU,AICP,DEPUTY CITY MANAGE~
JUNE 21,2011
ONE-YEAR EXTENSION OF THE CONTRACT WITH
FEDERAL ADVOCATES,INC.FOR FEDERAL ADVO-
CACY SERVICES RELATED TO THE SAN RAMON
CANYON STABILIZATION PROJEC~n
REVIEWED:CAROLYN LEHR,CITY MANAGER uy-.
Project Manager:Kit Fox,AICP,Associate Planner ~
RECOMMENDATION
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MEMORANDUM:Extension of Contract with Federal Advocates,Inc.
June 21,2011
Page 2
Act,A Legacy for Users (SAFETEA-LU)reauthorization.To some extent,these efforts
have been hampered by the current moratorium on Congressionally-directed spending
requests (Le.,earmarks).Staff believes that Federal Advocates'continued services remain
critical to securing legislative support for federal financial assistance for the San Ramon
Canyon Stabilization Project,particular during this period of intense competition for very
limited federal funds.Therefore,Staff recommends that the City exercise the opportunity
provided by the current Agreement to extend its term until June 30,2012.
FISCAL IMPACT
Under Article 2,Section 2.1 of the current Agreement,Federal Advocates'compensation
for its services is $4,000 per month,which equates to $48,000 for the term of the proposed
1-year extension through FY 2011-12.These funds were included in the Draft FY 2011-12
budget reviewed by the City Council on June 7,2011,which is scheduled for adoption at
tonight's meeting.
Attachments:
•Proposed Agreement with Federal Advocates,Inc.
•Existing Professional Services Agreement with Federal Advocates,Inc.
•City Council Minutes of August 17,2010 (excerpt)
M:\Legislative Issues\Federal Advocates Contract\2011 0621_ContractExtension_StaffRpt.doc
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
This First Amendment to the Professional Services Agreement between the City
of Rancho Palos Verdes (hereinafter referred to as the "CITY")and Federal Advocates,
Inc.(hereafter referred to as "CONSULTANT")is made and entered into this 21st day of
June,2011.
WHEREAS,CITY and CONSULTANT originally entered into a Professional
Services Agreement on August 17,2010 (hereafter referred to as the "AGREEMENT"),
whereby CONSULTANT agreed to provide CITY with federal advocacy services related
to the San Ramon Canyon Stabilization Project,as set forth in the AGREEMENT;and,
WHEREAS,CITY and CONSULTANT mutually desire to exercise the provisions
of Article 2,Section 2.6 of AGREEMENT to extend its term for one (1)additional year to
June 30,2012;
NOW,THEREFORE,in consideration of the covenants hereinafter set forth,the
parties hereto mutually agree as follows:
Section 1.Section 2.6 of the Agreement is amended to read as follows:
2.6 Term of Agreement:
This Agreement shall commence on September 1,2010,and shall
terminate on June 30,2012,unless sooner terminated pursuant to Article 4 of this
Agreement.Thereafter,CITY and CONSULTANT may renew the Agreement at the
same compensation as in Article 2 of this Agreement for an additional one-year period
by mutual written agreement of the parties.
Section 2.CITY and CONSULTANT agree and acknowledge that,
notwithstanding the extension of the term of the AGREEMENT for one (1)additional
year to June 30,2012,all other terms,conditions and provisions of the AGREEMENT,
as originally entered into on August 17,2010,remain unchanged and in full force and
effect
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
1367101-1 Page 1 of 2
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Dated:------------
Dated:_
ATTEST:
CITY CLERK
FEDERAL ADVOCATES,INC.
By:_
By:_
CITY OF RANCHO PALOS VERDES
A Municipal Corporation
By:_
MAYOR
1367101-1 Page 2 of 2
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C"
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 17th day of August,2010 by and
between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")and
Federal Advocates,Inc.(hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto
mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Funding Project Description
The Funding Project is described as follows:
The CONSULTANT will represent the CITY before United States federal
governmental agencies to gain support and funding for the CITY'S San R~mon Canyon
Stabilization Project.
1.2 Description of Services
CONSULTANT shall provide services including,but not limited to,the
following:
(1)Assist the CITY to develop a plan to acquire federal funding for the
San Ramon Canyon Stabilization Project;
(2)Represent the CITY before federal agencies to gain support and
funding for the San Ramon Canyon Stabilization Project;
(3)Monitor legislation,including,but not limited to,the federal bUdget,for
relevant funding opportunitie~;and
(4)Represent the CITY before the United States Congress to ensure
maximum funding opportunities for the CITY'S San Ramon Canyon Stabilization
P~ect..
The CONSULTANT shall provide all personnel necessary to properly
perform the services and duties required under this Agreement,and shall at all times
direct such personnel in the performance of such services and duties,as described in
the Consultant's Proposal,which is attached hereto as Exhibit "A"and incorporated
herein by this reference.
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1.3 Schedule of Work
Upon commencement of this Agreement,CONSULTANT shall perform with
due diligence the services requested by the CITY and agreed on by CONSULTANT in
Article 1.CONSULTANT shall perform all services under this Agreement in a timely
manner.
ARTICLE 2
COMPENSATION
2.1 Fee
For the proper performance of CONSULTANT's services under Article 1,
CITY agrees to compensate CONSULTANT a sum of four thousand dollars ($4,000)per
month for the duration oUhe Agreement,excluding any reimbursable expenses,which shall
be compensated in accordance with Section 2.5 of this Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Federal Advocates,Inc.
1701 Pennsylvania Avenue,Suite 300
Washington,D.C.20006
2.3 Terms of Compensation
CONSULTANT will submit monthly invoices to the CITY.CITY agrees to
authorize payment for all undisputed invoice amounts within thirty (30)days of receipt of
the invoice.CITY agrees to use its best efforts to notify CONSULTANT of any disputed
invoice amounts within ten (10)days of the receipt of each invoice.However,CITY's failure
to timely notify CONSULTANT of a disputed amol,lnt shall not be deemed a waiver of
CITY's right to challenge such amount.
Additionally,in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days of last payment,then CITY agrees that
CONSU LTANT shall have the right to consider said default a total breach of this Agreement
and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10)
working days advance written notice.
2.4 Additional Services
CITY may request additional specified work in addition to the services listed in
Section 1.2 of this Agreement.All such work must be authorized in writing by the City
Manager or his or her designee prior to commencement.CONSULTANT shall be paid for
such additional services as agreed to in writing by CITY and CONSULTANT in advance of
the additional services being provided.
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2.5 Reimbursable Expenses
The compensation provided in Section 2.1 shall not include any reimbursable
expenses.Any reimbursable expenses shall be pre-approved by the CITY in writing.
CONSULTANT shall include any pre-approved reimbursable expense in CONSULTANT's
monthly invoices issued pursuant to Section 2.3 of this Agreement.CITY shall compensate
CONSULTANT for any pre-approved undisputed reimbursable expense in accordance with
Section 2.3 of this Agreement.
2.6 Term of Agreement:
This Agreement shall commence on September 1,2010,and shall terminate
on June 30,2011,unless sooner terminated pursuant to Article 4 of this Agreement.
Thereafter,CITY and CONSULTANT may renew the Agreement at the same compensation
as in Article 2 of this Agreement for two (2)one-year periods by mutual written agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT will defend,indemnify and hold harmless CITY and its
officials,officers,employees,agents and volunteers free and harmless from all tort
liability,including liability for claims,suits,actions,expenses or costs of any kind,
whether actual,alleged or threatened,actual attorneys'fees,experts'fees,or court
costs incurred by the CITY,to the extent arising out of or in any way connected with,in
whole or in part,the negligent or reckless acts or omissions or willful misconduct of
CONSULTANT or any of CONSULTANT's officers,agents,employees or contractors in
the performance of this Agreement.This includes but is not limited to claims,suits and·
liabilities for bodily injury,death or property damage to any individual or entity,including
officers,agents,employees or contractors of the CONSULTANT. The provisions of this
paragraph shall not apply to claims to the extent arising out of the active negligence or
willful misconduct of the CITY"and its officials,officers,employees,agents and
volunteers.
In addition to the foregoing,CONSULTANT shall indemnify,defend and
hold free and harmless the CITY and the CITY's officials,officers,employees,agents
and volunteers from and against any and all losses,liabilities,damages,costs and
expenses,including reasonable attorneys'fees,experts'fees,and costs to the extent
the same are caused by negligence or willful rylisconduct of the CONSULTANT,or any
of the CONSULTANT's officials,officers,agents,employees or volunteers,in the
performance of professional services pursuant to this Agreement.
3.2 General Liabilitv
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(..
CONSULTANT shall at all times during the term of the Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Commercial General
Liability Insurance,with minimum limits of one million dollars ($1,000,000)for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement.Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M.Best's Insurance Guide with a rating l?f A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement,carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:Vn or better.If a "claims
made"policy is prOVided,such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed.Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement,.which reinstates all limits for the
extended reporting period.If any such policy and/or policies have a retroactive date,that
date shall be no later than the date of first performance of work or services on behalf of the
CITY.Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance,with minimum of orie million dollars ($1,000,000)per claim and occurrence and
two million dollars ($2,000,000)in the aggregate for bodily injuries or death of one person
and $500,000 for property damage arising from one incident.
3.5 Worker's Compensation
CONSULTANT agrees to obtain,maintain,and keep in full force and effect at
all times during the performance of work under this Agreement worker's compensation
insurance as reqUired by the law.CONSULTANT shall require any subcontractor similarly
to provide such compensation insurance for their respective employees.
3.6 Notice of Cancellation
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A.All insurance policies shall provide that the insurance coverage shall
not be cancelled by the insurance carrier without thirty (30)days prior written notice to
CITY,or ten (10)days notice if cancellation is due to nonpayment of premium.
CONSULTANT agrees that it will not cancel or reduce said insurance coverage.
B.CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect throughout the full term of this Agreement,CITY may either
immediately terminate this Agreement or,if insurance is available at a reasonable cost,
CITY may take out the necessary insurance and pay,'at CONSULTANT's expense,the
premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the CITY Clerk certificates of insurance showing that the aforesaid policies are
in effect in the required amounts.The commercial general liability policy shall contain
endorsements naming the CITY,its officers,agents and employees as additional insured.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers compensation and
professional liability)shall include provisions for waiver of SUbrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at anytime,with or without cause,
by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90)
days prior written notice.Notice shall be deemed served if completed in compliance with
Article 6.13.
(b)In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,in
an amount to be determined as follows:for work satisfactorily done in accordance with all of
the terms and provisions of this Agreement,CONSULTANT shall be paid an amount equal
to the percentage of services performed prior to the effective date of termination or
cancellation in accordance with the work items;provideo,in no event shall the amount of
money paid under the foregoing provisions of this paragraph exceed the amount which
would have been paid to CONSULTANT for the full performance of the services described
in Article 2.1.
ARTICLES
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OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents,plans,specifications,reports,photographs,images,video files
and media created or developed by CONSULTANT pursuant to this Agreement ("Written
Products")shall be and remain the property of the CITY without restriction or limitation
upon its use,duplication or dissemination by the CITY.All Written Products shall be
considered ''works made for hire,n and all Written Products and any and all intellectual
property rights arising from their creation,including,but not limited to,all copyrights and
other proprietary rights,shall be and remain the property of the CITY without restriction or
limitation upon their use,duplication or dissemination by the CITY.CONSULTANT shall
not obtain or attempt to obtain copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
'licenses,consents or approvals to use any instrumentality,thing or component as to which
any intellectual property right exists,including computer software,used in the rendering of
the services and the production of all Written Products produced under this Agreement,and
that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend,indemnify and hold the CITY,and its elected officials,officers,
employees,servants,attorneys,designated volunteers,and agents serving as independent
contractors in the role of CITY officials,harmless from any loss,claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal,state or
local laws,or any contractual provisions,or any laws relating to trade names,licenses,
franchises,copyrights,patents or other means of protecting intellectual property rights
and/or interests in products or inventions.CONSULTANT shall bear all costs arising from
the use of patented,copyrighted,trade secret or trademarked documents,materials,
equipment,devices or processes in connection with its provision of the services and Written
Products produced under thiS Agreement.In the event the use of any of the Written
Products or other deliverables hereunder by the CITY is held to constitute an infringement
and the use of any of the same is enjoined,CONSULTANT,at its expense,shall:(a)
secure for CITY the right to continue using the Written Products and other deliverables by
suspension of any injunction,or by procuring a license or licenses for CITY;or (b)modify
the Written Products and other deliverables so that they become non-infringing while
remaining in compliance with the requirements of this Agreement.This covenant shall
survive the termination of this Agreement.
Upon termination,abandonment or suspension of the Funding Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Funding Project.If CONSULTANT prepares a document on a computer,
CONSULTANT shall provide CITY with said document both in a printed format and in an
acceptable electronic format.
ARTICLE 6
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C:"
GENERAL PROVISIONS
6.1 Representation
A CITY representative shall be the City Manager or his or her designee,and a
CONSULTANT representative shall be designated by CONSULTANT as the primary
contact person for each party regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48)and the applicable equal employment provisions'of
the Civil Rights Act of i 964 (42 U.S.C.200e-217),and the Americans with Disabilities Act
of 1992 (42 U.S.C.§11200,et seq.).
6.3'Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.
CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANrs
staff who are assigned to perform the services hereunder and shall obtain the approval of
the City Manager of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall be responsible for
their services.
6.4 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion ofthe work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.5 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance ofthis Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
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relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
(c)Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANTwas negligent,CITY shall compensate CONSULTANT for its
testimony and preparation to testify at reasonable hourlY rates agreed upon in writing by
both parties to this Agreement.
6.6 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
6.7 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons,firms,or
corporations at the CONSU LTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarqing CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.8 Titles
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("
"_;,;;;,i::
("'",.""'.,.
\.;;.;.....
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.9 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only by subsequent written agreement signed by both parties.
6.10 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.11 Non-Waiver of Terms.Rights and Remedies
Waiver by either party of anyone or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under this
Agreement.In no event shall the making by the CI:TY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant,or any
default which may then exist on the part of CONSULTANT,and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.12 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of
this Agreement shall continue in full force and effect.
6.13 Notice
Except as otherwise required by law,any notice,request,direction,demand,
consent,waiver,approval or other communication required or permitted to be given
hereunder shall not be effective unless it is given in writing and shall be delivered (a)in
person or (b)by certified mail,postage prepaid,and addressed to the parties at the
addresses stated below,or at such other address as either party may hereafter notify the
other in writing as aforementioned:
To CITY:
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Carolyn Lehr,City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
To CONSULTANT:
Sante Esposito,President
Federal Advocates,Inc.
1701 Pennsylvania Avenue,Suite 300
Washington,D.C.20006
A party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed and transmitted to the
new address.If sent by mail,any notice,tender,demand,delivery or other communication
shall be deemed effective three (3)business days after it has been deposited in the United
States mail.For purposes of communicating these time frames,weekends and federal,
state,religious,County of Los Angeles or CITY holidays shall be·excluded.No
communication via facsimile or electronic mail shall be effective to give any such notice or
other communication hereunder.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement
as of the date and year first above written.
Dated:_·=-J8/i..,;..2....,3/~!_O _
Dated:,_
ATTEST:
CITY CLERK ~
FEDERAL ADVOCATES,INC.
BY;~
BY:_S<6a Ie fJ'fJlJ'(fo PreJ'fdcntr>
CITY OF RANCHO PALOS VERDES
A Municipal Corporation
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Exhibit "A":
Consultant's Proposal
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PAY FOR THE COST OF PROFESSiONAL SERVICES REGARDING FEDERAL
AVIATiON ADMINISTRATiON AiRSPACE MATTERS.
Mayor Pro Tem long stated that as discussed there was a very limited period of time to
submit comments and the City was interested in the involvement of other cities.He
noted that actions taken by the City do not prevent members of the public from
submitting their comments,noting that the deadline for the receipt of comments is the
third week in September.He stated that staff has proposed hiring the former Western
Regional Manager of the FAA to assist the City in preparing its comments,noting that
he could not imagine anyone more qualified to assist the City.
Mayor Wolowlcz stated that the consultants should be apprised by staff of the
comments shared by the public regarding this matter.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,long,Misetich,Stern,and Mayor Wolowicz
None
None
REGULAR NEW BUSINESS:
Professional Services Agreements for Advocacy Services to Obtain Federal
Funding for the San Ramon Canyon Stabilization Project
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Manager Lehr provided a brief staff report regarding the Professional Services
Agreements for Advocacy Services to Obtain Federal Funding for the San Ramon
Canyon Stabilization Project.She stated that staff had received a recommendation
from the City's Grant Consulting firm,Blais and Associates,to consider hiring a
professional advocacy firm to assist the City in developing a strategy to obtain Federal
funding for the San Ramon Canyon Stabilization Project which is estimated to cost
$19.5 million dollars.She noted that the most significant challenge in pursuing this
critical project in the City is to obtain funding,and noted that the City's Grant Consultant
has advised that it would be helpful for the City to have a representative in Washington
D.C.to advocate on the behalf of the City.She noted that proposals were received
from two highly qualified firms that had very solid local ties to the area as well as solid
expertise in the areas of securing funding from Safe Accountable Flexible Efficient
Transportation Equity Act:A Legacy for Users (SAFETEA-LU)and Water Resources
Development Act (WRDA).She reported that the Subcommittee of Councilman Stern
and Councilman Misetich served on the interview panel with staff from the City
Manager's Office and Public Works Department to interview both firms and the panel
unanimously selected Federal Advocates,Inc.
City Council Minutes
August 17,2010
Page 6 of 10
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Councilman Misetich stated that he and Councilman Stern interviewed the two
advocacy firms for the project,noting that while the City has a Grant Consultant
searching for grant opportunities,an advocacy firm that focuses on the Federal level
would be an inherent benefit in seeking funds for this project.He reported that
Congressman Rohrabacher had visited the site and had an understanding of the
potential for devastation if a problem arose at San Ramon Canyon.He added that
Federal Advocates,Inc.would not only assist Congressman Rohrabacher,but would
also communicate with Committee Chairs,the Army Corps of Engineers,and others
who could help the City obtain funds.He stated that the company selected,Federal
Advocates,Inc.provided a superior presentation and provided a comfort level that they
would be the best firm to seek Federal funds on the City's behalf.
Councilman Stern stated that the interviews were lengthy and although both firms were
qualified,the evaluation was based on experience and background and the decision
was unanimous.He noted that the most senior gentleman,Mr.Sante Esposito,of the
firm selected worked at the staff level to help write the particular Federal statutes,so he
was informed as to the issues in terms of his knowledge of the law,staff,and
congressional contacts.He added that the interview panel was enthusiastic about the
selection of Federal Advocates,Inc.He stated that the City has made a Herculean
effort over the years regarding the securing of funding for the San Ramon Canyon
Stabilization Project,and Mayor Wolowicz has made a few strides forward,but there
was still no revenue for this project.He opined that it is time to spend money to hire
professionals to assist the City in seeking funding.He acknowledged that the City will
not receive Federal funding,in all likelihood,in the next 12 months,but noted that the
City could anticipate paying $50,000 a year for a few years towards this goal.
Councilman Campbell inquired if the rate was negotiated with the consultants and
stated that he believed the City should take the necessary steps to achieve the goal.
Councilman Stern and staff confirmed that it was negotiated.Councilman Stern stated
that based on the scope of work as articulated by the consultants,the fee would be
approximately $4,000 per month.
Mayor Wolowicz stated that since the meeting was not being taped for broadcast,he
wanted to make sure that detailed minutes would be provided,so that comments by the
Council Members were captured.
Councilman Stern stated that it was a little late in the day to request this since he was
not certain that staff had the capability to do so.
Mayor Pro Tem Long commented that it was a policy decision to set the degree of
minutes to be provided.
Mayor Wolowicz reported that Council had stated that minutes were to be backed up by
video tapes and this meeting was not being video-taped.
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Councilman Stern stated that this topic was not agendized,but since the video
recording was the official minutes,he inquired of staff what the official minutes were to
be for this meeting,since it was not being video-taped.
City Clerk Morreale stated that the written minutes are the official minutes of the Council
Meeting.
Councilman Stern inquired if the Council meetings were not to be video-taped at all
times as the official minutes.
City Manager Lehr stated that the minutes that are produced are the official record of
the meeting.
Councilman Stern stated that he has been a proponent of detailed minutes for years
and noted that his recollection was that we did away with detailed minutes a few years
ago largely due to the innovation in video-taping,and as a result,the Council decided
not to incur the roughly $20,000 a year expense.He noted that he thought the
substitute was to be the video-tape and noted that perhaps this topic needed to be
agendized.
Mayor Pro Tem Long stated that the discussion was out of order since the item was not
on the agenda,but he noted that staff has been reminded that when bringing back the
minutes for approval there will be a need for detailed minutes in order to get enough,
.votes to approve the Minutes.He noted that staff has essentially been told that and that
:there is no need for additional discussion.
City Manager Lehr stated that staff was making an audio recording of the meeting and
City Clerk Morreale noted that there was no guarantee as to the quality of the audio
recording.
Mayor Wolowicz spoke in favor of the staff recommendation,commenting that it was
unfortunate that it was necessary to hire a professional Federal advocacy firm to assist
the City in developing a strategy for obtain Federal funding for the San Ramon Canyon
Stabilization Project.He stated that when the City started out with this project,the City
believed the need for this project to move forward would be as obvious to anyone who
had a source of funds as it was to the City,but there have been economic and political
issues that have stood in the way of funding.He reported that he did not want to lose
sight of how much detail has been reviewed,noting that the City finds itself in a complex
situation now,which has led to the need for this type of advisor.He noted that there
was precedent for this type of consultant,as the City used an expert advisor in
Sacramento and Washington,D.C.when seeking funding for open space land
acq uisition.
Mayor Wolowicz noted that the City has sought assistance from the following:the City's
Federal representative,Congressman Dana Rohrabacher,who at the present time
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August 17,2010
Page 8 of 10
H-18
cannot provide assistance;neighboring Congresswoman Jane Harmon and her staff;
the County of Los Angeles Public Works;and,the City of Los Angeles Public Works.
He noted that the City of Los Angeles may be able to provide the City of Rancho Palos
Verdes with some in-kind assistance and perhaps some monetary assistance,but the
amount would not be anywhere near the $20 million needed.Mayor Wolowicz stated
that he was willing to spend the $50,000 for the consultant to move the project forward
due to its importance and the need to repair the storm drain,San Ramon Canyon,and
switchback roads.He noted that staff has done a good job identifying the need for an
advocacy firm,surfacing the issue,and bringing the matter to the attention of the
Subcommittee.
Councilman Stern moved,seconded by Councilman Misetich,to adopt the staff and
Subcommittee recommendation to:Authorize the Mayor and City Clerk to sign a FY10-
11 Professional Services Agreement with a federal advocacy firm to seek Federal
funding for the San Ramon Canyon Stabilization Project.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 7:54 P.M.to 8:06 P.M.
Crisis Communications Training
City Manager Lehr provided a brief introduction to this item and introduced Brad Ritter,
APR,Brad Ritter Communications and Toni Guinyard,News Reporter,Channel 4 News
Station.
Brad Ritter provided a PowerPoint presentation and training regarding Crisis
Communications and the Council's interaction with media during a crisis.
Mr.Ritter and Ms.Guinyard directed interactive role-playing exercises with Council
Members and key staff members,provided tips and feedback to assist Council and staff
members in their roles,and wrapped up the training session with a brief recap of the
topics discussed during the training workshop.
ADJOURNMENT:
At 11 :32 P.M.,Mayor Wolowicz adjourned the meeting.
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August 17,2010
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