CC SR 20250401 G - Federal Legislative Services
CITY COUNCIL MEETING DATE: 04/01/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration of a professional services agreement with Kiley & Associates, LLC to provide
Federal legislative services
RECOMMENDED COUNCIL ACTION:
(1) Approve a professional services agreement (PSA) ith Kiley & Associates to provide
Federal legislative services; and
(2) Authorize the Mayor and City Clerk to execute the PSA in a form approved by the
City Attorney.
FISCAL IMPACT: If the recommended Council action items are approved, the not-to-
exceed amount of $48,000 for this PSA is included in the Fiscal Year
2024-25 budget. The amount of the PSA extending into the following
year will be included in the Fiscal Year 2025-26 budget development
process. VR
Amount Budgeted: $56,000
Additional Appropriation: N/A
Account Number(s): 101-400-1410-5101
(General Fund – Administration/Professional Services)
ORIGINATED BY: Catherine Jun, Deputy City Manager
REVIEWED BY: Same as below
APPROVED BY: Vina Ramos, Finance Director VR
ATTACHED SUPPORTING DOCUMENTS:
A) PSA with Kiley and Associates (page A-1)
B) Proposal from Kiley and Associates (page B-1)
C) Request for Proposals (RFP) for State and/or Federal Legislative Services (page C-1)
BACKGROUND:
In 2022, the City issued and RFP and hired California Public Policy Group (formerly known
as Renne Public Policy Group) to work on behalf of the City’s interests in Sacramento. Both
parties worked with the City Council to identify policy priorities, advocate for the Council-
approved Legislative Platform and Goals, obtain funding direction and earmark
recommendations, draft proposed legislation, and coordinate advocacy meetings with State
legislators and agencies. Following two successive one-year extensions, the PSA with
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CPPG expired on February 28, 2025. The not-to-exceed cost of the most recent one-year
extension with CPPG was $56,000 annually.
DISCUSSION:
Since October 2023, the City has been managing a major landslide emergency that has
stretched its resources and ability to balance routine municipal operations. As such, it has
become necessary for the City to maintain qualified legislative consultant(s) to leverage
their extensive networks and gain support for City policies and projects that will enhance
quality of life.
Prior to the expiration of CPPG’s PSA, Staff issued an RFP (Attachment 3) on January 17,
2025 to identify one or more qualified consultants to advocate on the City’s behalf in
Sacramento and particularly in Washington D.C., which has become critical as the City
engages more heavily with Federal legislators, Federal Emergency Management Agency
(FEMA) and other agencies that may be able to provide additional resources for the
landslide and priority projects such as a new Emergency Operations Center.
At the direction of the City, the selected Consultant would perform legislative analysis and
advocacy, develop a strategic funding plan for its priorities, conduct monthly briefings and
regular updates, prepare position letters and draft legislative language, engage with
legislators and coordinate meetings, and other advocacy activities as needed.
The City received a total of 7 proposals through the RFP process:
For Federal Services (only)
o Carpi and Clay
o David Turch and Associates
o Kiley and Associates
o Mercury Public Affairs
o HROD dba MMO Partners
o Thorn Run
For State and Federal Services
o Townsend Public Affairs
For State Services (only)
o None
All seven firms interviewed with the City Manager, Deputy City Manager, and Senior
Management Analyst, who identified MMO, Kiley and Associates, and Townsend Public
Affairs as the most qualified firms and invited them for a second interview with the Legislative
Subcommittee comprised of Mayor Bradley and Mayor Pro Tem Seo. (Due to scheduling
conflicts, Mayor Pro Tem Seo was not able to participate but provided his feedback
separately.)
Following careful review and consideration of the City’s needs at this time, both Staff and the
Subcommittee recommend awarding a PSA to Kiley and Associates to provide Federal
legislative services for a one-year term, with the option to renew for two one-year terms. The
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total not-to-exceed cost is $48,000 per year for the first two years (Attachment 1). A PSA
with Kiley and Associates will allow the City to have a dedicated advocate in Washington,
D.C. who can leverage their existing relationships and resources on the City’s behalf. Kiley
and Associates was established in 2009 and has 20 California clients including the cities of
Carson, South Gate, Lomita, Lakewood and Lynwood. Kiley and Associates has briefly
provided no-cost consultation on the landslide and EOC projects and can immediately begin
working on an advocacy and funding plan for these two priority projects, in addition to other
needs.
Regarding State legislative services, both the City Council and Staff have established strong
relationships with State legislators and agencies over the past several years and are able to
reach out to them to advocate for the City’s priorities as needed. As such, Staff recommends
not awarding a separate contract for State services at this time. Should the need arise, the
City may reissue an RFP for State services.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to re-solicit proposals.
2. Take other action, as deemed appropriate.
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CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT FOR
FEDERAL LEGISLATIVE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into on ___________________, 2025, by and between the CITY OF RANCHO PALOS
VERDES, a municipal corporation (“City”) and Kiley & Associates, LLC, a limited liability
corporation (“Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required hereunder
and that it shall diligently perform such work and services in a professional and satisfactory
manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public
work” or “maintenance work,” as those terms are defined in California Labor Code section 1720
et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total
compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply
with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other
applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the “Special Requirements”
attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict
between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions
of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of $48,000.00 (Forty-eight Thousand Dollars) per year (“Contract Sum”).
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2.2 Invoices. Each month, Consultant shall furnish to City an original invoice
for all work performed and expenses incurred during the preceding month in a form approved by
City’s Director of Finance. By submitting an invoice for payment under this Agreement,
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain
all information specified in Exhibit “C” and shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty
five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant
acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that
payment will occur within this time period. In the event any charges or expenses are disputed by
City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a
waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the
actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said
adjustments are subject to the written approval of the Consultant. Any increase in compensation
of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to sixty (60) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto as
Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and without the
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fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public
enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,
riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency,
including the City, if the Consultant shall within ten (10) days of the commencement of such delay
notify the con Officer in writing of the causes of the delay. The Contract Officer shall ascertain
the facts and the extent of delay and extend the time for performing the services for the period of
the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The
Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement.
In no event shall Consultant be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Consultant’s sole remedy being extension of the
Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule
of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for up to two
(2) additional one-year terms.]
4. COORDINATION OF WORK
4.1 Representative of Consultant. Gregory T. Kiley (President) is hereby
designated as being the representative of Consultant authorized to act on its behalf with respect to
the work and services specified herein and make all decisions in connection therewith. All
personnel of Consultant and any authorized agents shall be under the exclusive direction of the
representative of Consultant. Consultant shall utilize only competent personnel to perform services
pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability
and continuity of Consultant’s staff and subcontractors and shall keep City informed of any
changes.
4.2 Contract Officer. Catherine Jun (Deputy City Manager) [or such person
as may be designated by the City Manager] is hereby designated as being the representative the
City authorized to act in its behalf with respect to the work and services specified herein and to
make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Assignment. Consultant shall not contract with any
entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any
such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of City with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or any
of its agents or employees are agents or employees of City, or that it is a member of a joint
enterprise with City.
/ / /
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of
City, and prior to commencement of any services under this Agreement, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
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(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to
indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified
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Parties”) against, and will hold and save them and each of them harmless from, any and all actions,
either judicial, administrative, arbitration or regulatory claims, damages to persons or property,
losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened
that may be asserted or claimed by any person, firm or entity arising out of or in connection with
the negligent performance of the work, operations or activities provided herein of Consultant, its
officers, employees, agents, subcontractors, invitees, or any individual or entity for which
Consultant is legally liable (collectively, “Indemnitors”), or arising from Indemnitors’ reckless or
willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform
any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring
as a result of Indemnified Parties’ sole negligence or willful acts or omissions. The indemnity
obligation shall be binding on successors and assigns of Indemnitors and shall survive termination
of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to City and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal business
hours of City, including the right to inspect, copy, audit and make records and transcripts from
such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order shall
not be considered “voluntary” provided Consultant gives the City notice of such court order or
subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for
any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
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(d) Consultant shall promptly notify the City should Consultant be served with
any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. The City retains the right, but has
no obligation, to represent Consultant or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the
opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover,
Consultant with respect to any documents and materials that may qualify as “works made for hire”
as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for
hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in
the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe in
which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. If Consultant does not cure the default, the City may take necessary steps to terminate
this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to
Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under
this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. The City reserves the right to terminate this Contract at any time, with or
without cause, upon fifteen (15) days’ written notice to Consultant, except that where termination
is due to the fault of the Consultant, the period of notice may be such shorter time as may be
determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this
Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except
that where termination is due to the fault of the City, the period of notice may be such shorter time
as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be
entitled to compensation for all services rendered prior to the effective date of the notice of
termination and for any services authorized by the Contract Officer thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder, but not exceeding the
compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of
termination without cause pursuant to this Section, the terminating party need not provide the non-
terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure
of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 7.2, take over the work and prosecute the same to completion by contract
or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of
the services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or
other protected class in the performance of this Agreement. Consultant shall take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national
origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor in interest, in the event of
any default or breach by the City or for any amount, which may become due to the Consultant or
to its successor, or for breach of any obligation of the terms of this Agreement.
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8.3 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of
the City, to the City Manager and to the attention of the Contract Officer (with her/his name and
City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, California 90275, and in
the case of the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. This Agreement may
be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party’s consent to or approval of any act by the other party requiring the party’s consent or
approval shall not be deemed to waive or render unnecessary the other party’s consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter
proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
8.9 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or
employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any
official, officer, or employee of City participate in any decision relating to this Agreement which
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may affect his/her financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any corporation,
partnership, or association in which (s)he is directly or indirectly interested, or in violation of any
State or municipal statute or regulation. The determination of “financial interest” shall be
consistent with State law and shall not include interests found to be “remote” or “noninterests”
pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it
has not paid or given, and will not pay or give, to any third party including, but not limited to, any
City official, officer, or employee, any money, consideration, or other thing of value as a result or
consequence of obtaining or being awarded any agreement. Consultant further warrants and
represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion
that would result in the payment of any money, consideration, or other thing of value to any third
party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and understands
that any such act(s), omission(s) or other conduct resulting in such payment of money,
consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ara M. Mihranian, City Manager
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
By:
Name: Gregory T. Kiley
Title: President
Address: 636 North Carolina Ave SE
Washington, DC 20003
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF SERVICES
Consultant will perform the following services:
1. Legislative Analysis
a. At the direction of the City, Consultant shall review proposed, introduced, and amended
legislation and proposed and adopted administrative rules and regulations to identify and
report on matters potentially affecting the City on a monthly basis; provide more frequent
reports as needed.
b. Work with the City Council, the City Manager, and other designated City staff to provide
strategic advice and establish legislative positions and priorities that will benefit the City.
c. Present legislative issues to the City Council for policy direction.
d. Monitor agency rulemaking and notify the City of potential impacts.
e. Coordinate with City staff to prepare the annual Legislative Platform for City Council
consideration and formal adoption.
2. Legislative Advocacy
a. At the direction of the City, Consultant shall identify opportunities for City officials to
participate in the legislative process and make recommendations. Those opportunities
include, but are not limited to, communication with members of U.S. Congress and State
Congress, providing testimony at legislative hearings, and communication with federal or
state agencies.
b. Work with legislators for bill authorization and follow appropriations as they concern the
City.
c. Influence authors and sponsors of bills to resolve concerns or stop bills where resolution is
not possible.
d. Foster relationships with legislators and administration officials: make meeting
recommendations, schedule arrangements, and strategize on messaging.
3. Financial Support and Grant Applications
a. At the direction of the City, Consultant shall develop a strategic federal or state funding
plan, coordinating with City staff and departments to develop a comprehensive strategy
that helps achieve the City’s priorities, with a heavy focus on funding to mitigate the
Greater Portuguese Bend Landslide. The plan shall identify City projects and outline and
prioritize multiple funding opportunities for each project and evaluate the cost-benefit ratio
for each opportunity. Consultant shall layout a clear plan to identify and secure
funding from the State and Federal governments for the landslide.
b. Provide meeting opportunities for City staff to discuss potential grant/funding
opportunities and guide them through the application process.
c. Monitor and report on the federal or state budget and work to secure funding when
appropriate on projects beneficial to City’s interests.
d. Support City grant activity, including identifying, researching, monitoring and applying
for funding opportunities, facilitating communication with Federal/State agencies, and
advocating for support of the application from legislators and key stakeholders.
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e. Provide grant writing, as needed, and follow through monitoring of grant conditions and
requirements.
4. Communication
a. Consultant shall regularly communicate with the City via monthly briefings with staff and
briefings as needed with the Council Subcommittee. Provide weekly and monthly reports
on status of legislation and other related updates, and other reports as needed.
b. Provide regular updates on the political landscape in Sacramento and Washington D.C. to
help provide context and identify opportunities and potential issues. At a minimum,
provide monthly reports of activities pursued or accomplished on behalf of the City.
c. Prepare position letters, draft legislative language and talking points on legislative,
budgetary, and regulatory issues as necessary.
5. Capitol Asset
a. Consultant shall establish effective working relationships between City representatives and
legislative persons at all levels of government, including chairs and consultants of key
committees, chiefs of staff, and other policymakers.
b. Recommend and coordinate meetings for City officials and members of Congress and their
staff, the executive branch, Federal/State agencies and other key stakeholders to advocate
for City priorities.
6. FPPC Filings
a. Consultant shall prepare and file all applicable Fair Political Practices Commission
lobbying documents and reports within all applicable deadlines, per the provisions of the
Political Reform Act of 1974 as amended. Provide the City notification of any changes or
modifications that may be present.
7. Ethics and Conflicts of Interest
a. Consultant shall conduct business in such a manner as to foster public confidence in the
integrity of City programming and activities.
b. Consultant shall not solicit, demand, accept or agree to accept from any other person a
gratuity or benefit in connection with the Agreement.
c. Consultant shall comply with the Levine Act, Section 84308 of the Government Code,
disclose on the record of the proceeding any contribution in an amount of more than two
hundred fifty dollars ($250) made within the preceding 12 months by the party or the
party’s agent to any elected or appointed officer of the City.
All work product is subject to review and acceptance by the City and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
Consultant will utilize the following personnel to accomplish the Scope of Services:
Gregory T. Kiley, Jayson Braude, Kimberly VanWyhe
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Section 5.1(b) Automobile liability insurance is amended as follows:
(b) Automobile liability insurance: Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property
damage for all activities of the Consultant arising out of or in connection with Services to be
performed under this Agreement, including coverage for any owned, hired, non-owned or rented
vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Should
the Consultant own any vehicles used to provide the aforementioned Services, Consultant will
provide proof of automobile license to cover that vehicle in accordance with the terms listed
above.
Section 5.1(d) Workers’ Compensation insurance is amended as follows:
(d) Workers’ compensation insurance. Consultant represents and warrants that he
does not have any employees. Should the Consultant hire any employees during the course of
this Agreement, the Consultant will provide proof of and maintain required Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability
Insurance (with limits of at least $1,000,000) within three (3) business days.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
A monthly retainer of $4,000 per month, not to exceed $48,000 per year. The monthly
retainer will be paid by the City following the satisfactory completion of work each month.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all the work performed.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall not exceed the Contract Sum as provided
in Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services, timely and as requested by the City, on a monthly
basis.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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Submitted by: Kiley & Associates
CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSAL
STATE AND/OR FEDERAL
LEGISLATIVE SERVICES
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Table of Contents
A. Cover Letter 2
B. Firm Qualifications 3
I. Firm Overview and Examples of Recent Successes 3
ii. Staff Resumes and Backgrounds 6
iii. References_________________________________________________ 8
iv. Strategic Relationships 9
v. Conflicts of Interest_________________________ 9
vi. Grants and Completing a Grant Application_ ____ 10
vii. Modifications 10
C. Understanding of and Proposed Approach to the RFP Scope of Work 10
D. Pricing Proposal 13
E. Acceptance of Conditions 13
Appendix: Team Resumes 14
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Kiley & Associates, LLC
636 North Carolina Ave SE
Washington, DC 20003
February 7, 2025
Ms. Catherine Jun
Deputy City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Re: Request for Proposals: State and/or Federal Legislative Services
Dear Ms. Jun,
Kiley & Associates is pleased to respond to the City of Rancho Palos Verdes’ Request for Proposal:
State and/or Federal Legislative Services posted January 17, 2025.
Founded in 2009, Kiley & Associates is a Federal legislative advisory and assistance services firm
based in Washington, DC.
Kiley & Associates provides legislative advocacy analyses for cities and special districts that delivers
strategy from both an industry and government perspective through a solution-driven, tailored
approach. We have a proven track record of successful engagement between local government,
state and federal entities to achieve community goals. Our firm is extremely confident we meet all
qualifications set forth in this RFP. In fact, we have been doing pro bono work on behalf of the City
of Rancho Palos Verdes over the past few years and are very familiar with numerous issues
impacting the City. We work very closely with the Offices of Congressman Ted Lieu, Supervisor
Janice Hahn, United States Senator Alex Padilla, United States Senator Adam Schiff, Governor Gavin
Newsom and the new Trump Administration.
Our core federally-focused team—Gregory Kiley, Jayson Braude and Kimberly VanWyhe—are eager
to discuss our capabilities, experience, and ability to support the City of Rancho Palos Verdes.
Our team is prepared to jump in and contribute on day one.
We stand ready to answer any questions you may have and look forward to further
communications. Please feel free to contact me at (202) 544-6897 or gkiley@kileyassociates.org
Very Respectfully,
Gregory Kiley
President
Kiley & Associates, LLC
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B. Firm Qualifications
i. Firm Overview and Recent Successes
Kiley & Associates is a Limited Liability Corporation based in Washington, DC. We provide
federal legislative advocacy services, strategic funding development planning, as well as White
House, Congressional and federal government situational awareness. We help our clients
identify and develop new opportunities, open doors and plan and implement strategies to
secure sustained success. While our main focus is on federal issues, we have a vast network of
contacts across the state of California, including at the county and local levels that sets our firm
apart. We are proud that our clients think of us as an integral part of their organization, capable
of delivering the services they need when they need them. We often think of our firm as an
extension of city staff and an integral part of your Washington, DC team.
We have an established, proven track record of navigating multi-agency, multi-dimensional,
complex issues. Recent efforts include work on managing interrelations between municipalities
and the federal government, infrastructure funding, the American Rescue Plan guidance, FEMA
reimbursements and related natural disaster funding for cities, cyber threats to our nation’s
infrastructure and electrical grid, environmental risks to public health, and Department of
Defense engagement.
Our team has strong ties at the federal level with both the legislative and executive branches.
Every member of our team has developed professional working relationships with Republican
and Democratic Members of the Senate and House, as well as with their personal staffs, and
the staffs of key Senate and House committees. Further, we have key allies within the White
House staff and across the Trump-Vance Administration.
Under the first Trump Administration, Jayson Braude from our team worked with your former
City Manager to help with the property deed restriction on former federal land issue involving
City property just across from the civic center. Jayson’s efforts led to a high-level meeting with
the City and the National Park Service which led to deed restrictions being lifted on land. This
work was done pro bono by Jayson, and his pro bono work has continued over the last few
years from organizing multiple high-level meetings and calls for the City with Governor
Newsom’s Office, Congressman Lieu’s senior staff and also Southern California Edison.
Kiley & Associates’ size, structure and personalized approach allows us to provide proactive,
cost-effective representation to all our clients.
2019-2025. City of Carson, California.
● Provided guidance and counsel to the Mayor and City Council on various matters related
to infrastructure funding for various city projects, including updates on federal policy
and federal grant opportunities.
● Organized a Federal Small Business Administration virtual meeting to educate Carson
business owners on the Paycheck Protection Program.
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● Coordinated meetings between Carson Council members, the FAA, and the Long Beach
Airport regarding noise complaints from residents.
● Facilitated meetings with FEMA and the United States Treasury to ensure Carson was
receiving their fair share of the of municipal funding from the American Rescue Plan.
● Renewed the City’s relationship with United States Senator Alex Padilla and helped the
City apply for earmarks and Community Improvement Projects (CIPs) with his office,
which he sent to the Senate Appropriations committee for over four million dollars of
funding within the City.
● Worked with the Federal Communications Commission to promote the Emergency
Broadband Benefit to Carson residents, which will provide them up to $50 per month
towards broadband service for eligible households and a one-time discount of up to
$100 to purchase a computer or tablet.
● At the request of the City, approached the U.S. Postal Service in Washington, DC to
investigate long running postal problems within the City of Carson with a goal to
improve mail service for Carson residents.
● Worked with the City to explore renewable energy opportunities, including electric
vehicle charging throughout Carson and solar power at City Hall and other City owned
buildings.
● Brought in the U.S. Army Corps of Engineers and the U.S. Environmental Protection
Agency to help the City with the problem at the Domínguez Channel.
● Helped the City secure a $2 million federal earmark from their Congressmember for an
infrastructure project at Carson Veterans Park.
● Planned high level meetings for the Mayor when she visited Washington, DC with the
White House, House Appropriations Committee, United Senators and other key
stakeholders.
2019-2025. City of South Gate, California.
● Developed a federal funding and policy agenda for the Mayor, Council and City
department heads. Created federal government agendas and provided federal outreach
and funding opportunities. Provide the City with relevant hearing schedules and grant
announcements.
● Arranged for City officials to meet with federal officials on the COVID-19 Funeral
Assistance program which provided thousands of dollars for families in the City who lost
a loved one.
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● Provided the City with Congressional and White House updates detailing legislative
action in Washington.
● Initiated a dialogue for the City with Union Pacific Railroad regarding trash and
homelessness along a neglected rail line.
● Worked with the City to secure earmarks for $1.5 million in road improvements to
Garfield Avenue, of which Congresswoman Barragán submitted to the House Committee
on Transportation and Infrastructure for approval.
● Worked with South Gate, Los Angeles County Metro, and Congress for millions of dollars
in funding for the West Santa Ana Branch light rail line. Started a dialogue between the
City and the office of recently appointed United States Senator Alex Padilla.
● Worked with the City and the EPA to keep the South Gate Superfund sites at the
forefront of the agencies’ federal priorities.
● Worked closely with the City and federal officials after the January 2020 Delta Airlines
Fuel Release over Southeast Los Angeles. Facilitated a Zoom call between the White
House and the City of South Gate. South Gate Councilwoman Denise Diaz also
participated on this extremely informative and crucial White House conversation with
Intergovernmental Affairs Director Eduardo Cisneros.
● Engaged with the United States Conference of Mayors, providing South Gate a seat at
the table for numerous federal decisions.
● Helped the City secure an earmark for $1 million that the Congresswoman submitted to
the House Appropriations Committee for drinking water improvements.
● Helped the City secure an earmark for $1.5 million that Senator Padilla submitted to the
Senate Appropriations Committee for street and landscaping improvements.
● Helped the City secure an earmark for $1.25 million that both Senator Feinstein and
Senator Padilla secured for upgrades to the City’s Emergency Operations Center.
2020-2025. City of Lynwood, California.
● Organized meetings for the City and the Port of Los Angeles regarding the shipping
backlog and the supply chain issues currently impacting the region, traffic, and the
environment.
● Worked with the U.S. Department of Housing and Urban Development to secure a $1
million dollars award for the City of Lynwood. Worked with the EPA to bring in senior
White House officials to the City for a tour and meetings.
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● Started an engagement for the Mayor with the United States Conference of Mayors,
including outreach to the White House and Congress.
● Worked with Congressional officials and the City to ensure Lynwood is maximizing
COVID-19 FEMA reimbursements and implementing American Rescue Plan Act (ARPA)
funding for maximum usage.
● Helped the City with numerous matters related to compliance and accounting of the
ARPA. Worked with the City to push for Federal legislation that allows for 30% of ARPA
recovery funding to be spent on transportation projects or community projects. This
legislation allows local officials additional flexibility to spend their own funds and
extends the spending deadline by an additional two years.
● Helped the City secure an earmark for $1.3 million that their Congresswoman submitted
to the House Appropriations Committee for renovations to the City’s Senior Center.
● Helped the City secure Senate earmarks that were submitted to the Senate
Appropriations Committee. Senator Feinstein submitted public safety radios and
Senator Padilla submitted for upgrades to Lynwood Park and license plate readers,
which all total over $2.5 million.
ii. Staff Resumes and Background
The overall project management for Rancho Palos Verdes will be led by Kiley & Associates Chief
Counsel, Jayson Braude.
Also joining the team will be: Gregory Kiley, President, Kiley & Associates; and Kimberly
VanWyhe, Vice President, Kiley & Associates.
Our team is devoted to making sure our clients are our top priority. We are available to help or
answer any questions our clients may have. We do not assign clients to a specific staffer in the
firm. Instead, you have access to the firm’s full staff at any time. Whenever you and/or your
staff requests something from our firm, we get to work on it immediately and report the
actions back to you. We will dedicate as many hours as it takes to help the City with any needs
that arise. Our client’s needs always come first, and we are responsive, often within minutes,
over email, text and phone call.
Our entire team is committed to work with the City of Rancho Palos Verdes for the duration of
the project agreement.
Organizational Structure
Jayson Braude (7 years) Project Manager/Chief Counsel - Kiley & Associates
Gregory Kiley (16 years) President - Kiley & Associates
Kim VanWyhe (8 years) Vice President - Kiley & Associates
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Biographies
Gregory T. Kiley–President, Kiley & Associates
Gregory Kiley is President of Kiley & Associates, LLC, a Washington, DC-based policy
development and advocacy firm. Since retiring from federal service, he has consulted to
federal, state and local governments, and industry and non-profit entities on national security
policy and processes. He has written for the Center for Strategic and International Studies (CSIS)
among others, focusing on national security and economics. Recent consulting efforts include
U.S. Air Force strategic basing decision-making, community relations with the Department of
Defense, and interrelations between states and the federal government.
Prior to working in the private sector, Mr. Kiley served 25 years in the federal government,
concentrating on defense and national security. He spent six years as a senior professional staff
member for the Senate Armed Services Committee (SASC). As lead staff for two SASC
subcommittees, his oversight portfolio included all military air and ground systems, military
logistics and readiness, and the defense budget. His responsibilities included coordinating and
conducting congressional hearings, developing and drafting legislation, and negotiating and
staffing passage of annual National Defense Authorization Acts and supplemental spending
bills. Prior to the SASC, Mr. Kiley spent three years as a principal analyst for the National
Security Division of the Congressional Budget Office (CBO), concentrating military aviation,
logistics and readiness issues.
Mr. Kiley began his professional career in the U.S. Air Force, culminating as a senior pilot, flying
C-130 aircraft and deploying throughout the world. Greg lives in Washington, DC with his wife
and three daughters.
Jayson J. Braude–Chief Counsel, Kiley & Associates
Jayson Braude is the Chief Counsel to Kiley & Associates. Jayson Braude grew up in the Los
Angeles area and is the Grandson of former United States Congressman Glenn Anderson.
Jayson worked for United States Senators Kent Conrad and Sherrod Brown in Washington, DC.
After law school, he worked as Legislative Counsel for United States Congresswoman Janice
Hahn, where he staffed the Congresswoman on the House Transportation and Infrastructure
Committee. He then became the District Director for Congresswoman Nannette Diaz Barragán
in her San Pedro office. Jayson has more than ten years of experience in government affairs and
maintains contacts all over Capitol Hill and throughout federal, state, and local agencies.
Jayson is a graduate of the UC Santa Barbara and received his law degree from Southwestern
Law School in Los Angeles. Jayson is a member of the Washington Bar and resides in
Washington, DC.
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Kimberly J. VanWyhe–Vice President, Kiley & Associates
Kimberly is currently Vice President of Kiley & Associates, focusing on business development
and policy and strategy development. Kimberly received her BA in Political Science from St.
John’s University in 2004 and received her MBA in International Business with a concentration
in consulting and holds a certification in Global Oil and Gas Management from the Thunderbird
School of Global Management.
Kimberly’s previous professional experience includes working on multiple political campaigns
on both the state and federal level, working for the Alaska State Legislature as well as working
for the Cohen Group, a defense-oriented consulting firm founded by former Secretary of
Defense William Cohen. She then served as the Director of Energy Policy at the American Action
Forum, a DC think tank focusing on economic, domestic, and fiscal policy issues.
Kimberly is also the Policy Director for Building Cyber Security, a non-profit organization leading
Cyber Physical standards development, education, certifications and labeling authority,
advancing the physical security, safety, and privacy in public and private sectors. Kimberly was
raised in Fairbanks, Alaska and currently resides in Washington, DC.
*We have attached our Resumes at the end of this proposal
iii. References
Andrew Vialpando, City Manager
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
(310) 325-7110
A.Vialpando@lomitacity.com
Services Provided: Federal Government
Advocacy
Project Dates: 2021 – Current
Thaddeus McCormick, City Manager
City of Lakewood
5050 Clark Ave
Lakewood, CA 90712
562-866-9771
Tmack@lakewoodcity.org
Services Provided: Federal Government
Advocacy
Project Dates: 2022 – Current
Jennifer Vasquez, City Manager
City of Maywood
4319 E Slauson Ave
Maywood, CA 90270
(323) 926-5919
jennifer@cityofmaywood.org
Services Provided: Federal Government
Advocacy
Project Dates: 2021 – Current
Darren Arakawa, Chief of Police
City of South Gate
8620 California Avenue
Southgate, CA 90280
Darakawa@sogate.org
(323) 563-5408
Services Provided: Federal Government
Advocacy
Project Dates: 2019 – Current
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Wendell Bugtai, Assistant City Manager
City of Perris
101 N. D Street
Perris, CA 92570
Wbugtai@cityofperris.org
(951) 500-8528
Services Provided: Federal Government
Advocacy
Project Dates: 2022 – Current
Michael Flad, Assistant City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
(818) 632-3110
Mflad@jurupavalley.org
Services Provided: Federal Government
Advocacy
Project Dates: 2021 – Current
Kiley & Associates currently represents twenty California cities and special districts in
Washington, DC, assisting with numerous Federal Government issues. Below are our current
clients:
South Gate, CA Carson, CA Lynwood, CA Maywood, CA Lomita, CA
San Juan
Bautista, CA Concord, CA Paramount, CA Jurupa Valley, CA Milpitas, CA
Perris, CA La Quinta, CA Lakewood, CA Patterson, CA Indian Wells, CA
Bishop, CA Upland, CA Chino Valley
Fire District
Monte Vista Water
District
Resource
Conservation
District of
Tehama County
i.v. Strategic Relationships
Our Team maintains extensive relationships throughout the California and Washington, DC
political and policy worlds. This includes the new Trump White House Director of
Intergovernmental Affairs Alex Meyer, Congressman Ted Lieu’s Chief of Staff Marc Cevasco and
Legislative Director Leah Uhrig, Governor Gavin Newsom’s Director of External Affairs Molly
Wiltshire, multiple senior contacts at both FEMA and Cal OES, high level staffers with the
United States Senators Alex Padilla and Adam Schiff in both Washington, DC and in Southern
California and have a strong working relationship with Supervisor Janice Hahn personally and
her County staff.
v. Conflicts of Interest
Kiley & Associates currently provides advisory and assistance services to 20 California Cities and
Special Districts. We have never had a conflict of interest arise as we proactively engage and
communicate with all clients on a near constant basis – eliminating any conflict before they
arise. We have never had a conflict in our 16 years of operating.
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v.i. Grants
Kiley & Associates will help the city identify opportunities as grant announcements arise. We
assist in developing grant proposals, but do not engage in actual writing of grants. Most
importantly, we assist in tracking, advocating and helping with grant support letters as well as
reinforcing all grant proposals however we can for the City once submitted. Additionally, we
have a wonderful working relationship with the City’s current grant writing firm, B&A Grant
Services. Jayson Braude from our team has participated on several grant calls pro bono with the
City of Rancho Palos Verdes and B&A to help assist and clarify issues that have risen.
In addition to B&A Grant Services, we also work with multiple other grants firms across the
State of California and are always to assist our cities with any grant writer they use.
v.ii. Modifications
Kiley & Associates proposes no modifications to the Scope of Work.
C. Understanding of and Proposed Approach to the RFP Scope of Work
Kiley & Associates will collaborate with the City of Rancho Palos Verdes to help develop their
federal legislative priorities. In fulfilling the requirements of the RFP, including onboarding,
outreach advocacy and administrative services, bill tracking and monitoring.
Some examples of our understanding and past performance with Rancho Palos Verdes include:
Our team is very familiar with the landslide issue impacting the City. Jayson Braude has
personally toured the devastation with the City Manager and has engaged numerous times with
State and Federal officials to find real solutions and funding. This includes meeting with the
Chief of Staff and Legislative Director of Congressman Lieu to advocate that landslide funding
for Rancho Palos Verdes be included to any fire funding bill that Congress writes related to the
fires in Pacific Palisades and Altadena. Congressman Lieu’s office has signaled they support this
idea and are open to pushing this plan forward.
Further, with the uncertainty of many grants and other federal funding, Rancho Palos Verdes is
in a unique position as President Trump owns a golf course located within the City. Conveying
the importance of landslide and its relation to his golf course is something that would be of
interest to this Administration. As noted before, our firm has a close relationship to the new
White House Director of Intergovernmental Affairs, Alex Meyer. Making sure President Trump
and his team are aware of the need of funding for the current landslide, and how it could also
impact the President’s property is an important angle to consider. The President is familiar with
landslides in the City since one occurred on the land he now owns at the then named Ocean
Trails Golf Club in 1999. We suggest using this to the City’s advantage however we can.
In addition, we are aware the City is looking for funding for a new Emergency Operations
Center (EOC). Funding for a new EOC, considering the devastating landslide, is a strong
argument we will make to Senator Padilla, Senator Schiff and Congressman Lieu. Our firm has
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been successful funding EOC’s during the federal earmark process and we are very familiar with
the methods needed to be successful.
We have also worked closely with the City Manager and his staff on earmark funding related to
the Klondike Canyon Landslide Abatement District (KCLAD) and the Abalone Cove Landslide
Abatement District (ACLAD). This work together led to Congressman Lieu selecting two earmark
requests that should benefit each District. The House Appropriations Committee pushed
forward $1,150,791 for the KCLAD and an additional earmark in the amount of $1,150,791 for
the ACLAD. We are optimistic this total funding of $2,301,582 for the community will move
forward in the coming months and have been in close touch with Congressman Lieu’s staff
related to this federal earmark funding.
In addition, we helped the City of Rancho Palos Verdes start a relationship with DCMC Partners,
a leading disaster recovery company, who has been assisting the City with numerous FEMA and
Cal OES efforts.
Our partnership with the City would include:
● Onboarding; this is an extremely important element of our engagement with our city
clients. Our first action with a new client is an in-depth meeting to understand the
needs of the City. We work the City Manager and department heads to establish
priorities, goals and a tailored scope of work to help our clients meet their legislative
goals.
● Raising the City of Rancho Palos Verdes’ profile with the California Federal House and
Senate delegation, Federal Agencies, and the White House.
● Tracking all federal bills that impact our city clients. Further, as an example when an
important bill is being heard in committee, we have our staff in the committee room. If
needed, we can provide testimony and meet in the offices of the committee staff and
Members to advocate the City of Rancho Palos Verdes’ position.
● We will provide the City of Rancho Palos Verdes with a regular written report of
legislative activity. Further, we regularly provide federal updates as Congress works on
issues that impact our clients.
● In Washington, DC, we actively monitor bills and actions that impact cities and
residents. We provide updates as soon as Congressional Leadership and the White
House act. This active presence is something we strive for daily to help our clients reach
their goals.
● Annual reviewing and working with City staff to ensure the legislative goals of the City
and Council are met.
● Being transparent, ethical and customer service oriented. We are proud that clients
think of us as an integral part of their business, capable of delivering the services they
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need when they need them. We often think of our firm as an extension of city staff and
an integral part of your Washington, DC team.
● Striving to protect the City of Rancho Palos Verdes interests by changing laws or
federal/state regulations as necessary.
● Coordinating with the dedicated day-to-day point of contacts on identifying and refining
the City of Rancho Palos Verdes’ top project and policy priorities for their legislative
agenda (i.e. securing federal and state money landslide funding, water and sewer
projects, roadway repairs, park projects, tourism, and policymaking).
● Targeting key allies and influential lawmakers, Congressional committees, White House
policy makers and State leaders.
● Regularly updating the City of Rancho Palos Verdes on grant opportunities and issues
that are pertinent to the City’s legislative priorities.
● Coordinating with the City to engage on the Federal Community Project Funding
process and the State of California Member Request funding process.
● Representing the City of Rancho Palos Verdes at Congressional and Executive Branch
meetings and hearings in both Washington, DC.
● Tracking news articles and press releases on issues that will impact local governments
and the City of Rancho Palos Verdes.
● Coordinating an annual trip for the City of Rancho Palos Verdes’ elected officials and
staff to Washington, DC to meet with and/or brief the Congressional delegation, White
House officials, and key staff in the federal agencies.
● Helping with issues that have a federal nexus, which include providing comments on
regulations; connecting local officials to federal/state agency professionals; and
providing our expertise on funding programs, grant applications, and other legislative
and agency opportunities.
● Engaging regularly with coalitions such as the National League of Cities, the United
States Conference of Mayors on behalf of the City of Rancho Palos Verdes. Also
assisting with Contract Cities and the League of California Cities on issues when there is
a federal overlap.
Kiley & Associates will provide written reports on ongoing activities and priorities of the City.
We anticipate regular contact and conversations with City staff to keep abreast of priorities and
issues of import to them. As part of initial strategy kick-off meeting, we will request senior City
staff and department heads to participate in development of the strategic plan and priorities.
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Our firm will work cooperatively with your management staff, Mayor and City Council to ensure
a high level of legislative and administrative success in Washington, DC. Our strategies will vary
depending upon the issues as well as Washington, DC’s ever-changing political climate.
Whenever city staff requests something from our firm, we get to work immediately and report
the actions back to you. Kiley & Associates are sensitive to the differences between clients
served and proactively work to ensure conflicts of interest do not arise.
D. Pricing Proposal
Like nearly every Washington, DC based firm, we charge a monthly retainer to our City clients
for our in-depth advisory and advocacy services. The agreement between the City of Rancho
Palos Verdes and the entire team would be a total rate of $4,000 per month. This is a final not-
to-exceed annual price of $48,000 per year, no additional costs will be charged over the first
two years of the contract.
The retainer is all inclusive of the federal legislative advocacy services we provide for your City.
We are always on call for our clients and engage nearly daily on numerous activities affecting
cities at the federal level.
ANNUAL RATE MONTH MONTHLY RATE
$48,000 JANUARY $4,000
FEBRUARY $4,000
MARCH $4,000
APRIL $4,000
MAY $4,000
JUNE $4,000
JULY $4,000
AUGUST $4,000
SEPTEMBER $4,000
OCTOBER $4,000
NOVEMBER $4,000
DECEMBER $4,000
E. Acceptance of Conditions
Kiley & Associates accepts all conditions listed in this request for proposal document and
Sample Professional Services Agreement (Attachment A of the RFP).
B-14
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B-16
Kimberly J. VanWyhe
1111 New Jersey Avenue, SE, Washington D.C. 20003| 917-678-0130
kvanwyhe@kileyassociates.org
GLOBAL MANAGEMENT/ENERGY CONSULTING PROFESSIONAL
•Global and Domestic Energy Policy •Strategic Planning
•Multi-Cultural Team Experience •Political Risk Management • Government Relations
PROFESSIONAL EXPEREINCE
Kiley & Associates- Vice President
Washington, DC: December 2017-Present
x Works with domestic and international clients on a broad number of issues including defense,
aerospace, energy, natural resources and telecommunication.
x Focuses on business development and policy and strategy development. Kiley & Associates
provides strategic economic development planning and positioning, business and product
development, market penetration, Congressional and U.S. military situational awareness, due
diligence, and M&A strategies.
x Advises local, state and federal entities as well as the private sector on issues including domestic
infrastructure and electrical grids, cyber security and renewable energy potential.
x Assists clients in securing funds through NDAA, omnibus and other vehicles as well as crafting
and successfully inserting bill language.
UCAN Power- Founding Principal
Washington, DC: 2021- Present
x Works with the United Coalition of Advanced Nuclear Power to educate, promote, and advocate
for policies to accelerate the development of advanced reactor technologies to meet global
electricity demands, provide process heat for industrial applications, support national defense
requirements, provide power and propulsion for space operations, produce medical isotopes and
meet other commercial, military and government needs.
Building Cyber Security- Director of Public Policy
Washington, DC: 2019- Present
x Works with BCS to lead cyber physical standards through education, certifications, labeling
authority and cross ecosystem engagement and collaboration to advance the physical and safety
in public and private sectors.
Center for Audit Quality- Director of Global Stakeholder Engagement
Washington, DC: September 2017- September 2018
x The Center for Audit Quality focuses on enhancing investor confidence and public trust in the
global capital markets. Was responsible for engaging and collaborating with the international arm
of small, medium and large accounting associations and working with their corporate governance
to advance and promote international standards.
x Performed strategic outreach, organized events, and cultivated partnerships with stakeholders
across the global spectrum of the capital markets supply chain.
x Selected as a member of the Federal Legislative Task that focused on global and domestic
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legislative policy as it pertains to tax reform and accounting policy; also selected as a member of
the Emerging Technologies Task Force that seeks to inform the SEC on crypto currency
applications.
American Action Forum- Director of Energy Policy
Washington, DC: May 2015-September 2017
x Oversaw AAF’s energy program that seeks to help lawmakers, stakeholders, coalition partners
and the policy community make informed decisions about all areas of energy policy.
x Developed pro-growth energy policy through research and relationship building with key
influencers of domestic energy including legislative and executive branch members and staff,
trade groups and associations, and both public and private stakeholders.
x Cultivated relationships with AAF stakeholders (private donors) to advance specific areas of
energy policy that is client specific. Targeted stakeholder groups and personalizes educational
tools and research to guide policy.
x *Continue to serve as an outside energy expert for AAF.
The Cohen Group- Global Business Development Consulting
Washington, DC: June 2014-May 2015
x Provided global market entry strategy and business development solutions for a broad number of
clients with a focus on energy, defense, healthcare, education, aerospace and security.
x Conducted political analysis with regards to impact on business and country development.
x Analyzed market/budget trends and developed personalized strategies to advance client interests.
x Developed and leveraged client relationships.
State of Alaska- Legislative Aide
Juneau/Fairbanks, Alaska- January 2011-January 2013
x Drafted a $242 million fiscal budget for the city of Fairbanks, AK. Total Capital Budget for
Alaska was $3.36 billion in FY12.
x Held daily meetings with lobbyists, union groups and constituents consulting them on budgetary
issues. Worked on three committees; Labor & Commerce, Judiciary and Natural resources, as
well as four Finance subcommittees; Revenue, Public Safety, Education and Natural Resources.
x Analyzed, edited and revised legislative bills, amendments and hearing documents. Focused on
Senate Bill 192, a bill aimed at oil and gas production tax rates. Also reviewed oil and gas
decoupling tax issues.
Lisa Murkowski for U.S. Senate Campaign- Regional Campaign Manager
May 2010-December 2010
x Organized fundraisers with dollar amounts between $10K and $30K per event, debates, group
coordination efforts. Handled all donations, press, advertising, traveling and media events for the
region.
x Created a strategy in an effort to personalize the region by using distinctive identifying factors of
the area.
x Oversaw all financial and monetary responsibilities for the region including donations,
contributions and Political Action Committee monies.
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Jayson Braude, Esq.
301 H Street NE, Washington DC, 20002 ● (562) 818-6646 ● JaysonBraude@gmail.com
EXPERIENCE
KILEY & ASSOCIATES, Washington, D.C.
Chief Counsel, November 2019 – Present
• Engage with and advocate for a dozen city clients from California.
• Assist clients with numerous federal funding project resulting in millions of dollars for local governments.
• Provide ongoing support to help cities navigate the federal government and help them work closely with the
White House and Members of House and Senate.
SMITH DAWSON & ANDREWS, Washington, D.C.
Counsel, October 2017 – November 2019
• Organized, researched and advocated for multiple clients related to transportation and ports.
• Planned and organized Congressional events and meetings on Capitol Hill for California-based clients.
• Helped clients increase their presence with Members of Congress, Congressional Committees and agencies.
United States Congresswoman Nanette Barragán, San Pedro, CA
District Director, January – April 2017
• Managed all aspects of the opening and operations of the Congressional District’s five offices.
• Hired and supervised six Congressional District staff members.
• Planned, directed and executed multiple large scale events on behalf of the Congresswoman.
• Organized strategic planning, including helping build coalitions of community leaders and stakeholders.
United States Congresswoman Janice Hahn, Washington, DC
Legislative Counsel, December 2015 – January 2017
• Managed Congressional legislation related to transportation, healthcare, water, housing and legal matters.
• Staffed the Congresswoman on the House Transportation & Infrastructure and Small Business Committees.
• Prepared committee statements, vote recommendations and amendments for hearings and mark-ups.
• Helped secure $14 million for a major Army Corps of Engineers ports project in the District.
• Worked closely with executives from the Los Angeles Dodgers, Time Warner Cable, Frontier
Communications, Department of Justice and the FCC to resolve television blackout of Dodger games.
Law Offices of Evan Anderson Braude, San Pedro, CA
Law Clerk, March 2013 – November 2015
• Performed client intake, research and case preparation.
• Researched case law and wrote legal motions.
Los Angeles City Attorney’s Office Civil Liability Division, Los Angeles, CA
Law Clerk, May 2012 – January 2013
• Appeared and participated in legal depositions.
• Represented the City Attorney’s Office at Los Angeles City Council Meetings.
• Researched state statutes and wrote legal opinions.
Los Angeles City Attorney’s Office Criminal Central Trials Division, Los Angeles, CA
Law Clerk, January – May 2012
• Appeared in court as a certified law student on behalf of the Los Angeles City Attorney’s Office.
• Researched and drafted memoranda for procedural and evidentiary issues.
• Conducted interviews of victims, witnesses and police officers.
United States Senator Sherrod Brown, Washington, DC
Constituent Services & Intern Supervisor, January – December 2007
• Served as liaison between constituents and the Federal Government.
• Prepared constituent correspondence to address and clarify issues currently before Congress.
• Hired and supervised 12 interns each semester, assigned tasks for interns and ensured their completion.
• Organized tours for constituents of the White House, Library of Congress and United States Capitol.
EDUCATION
Southwestern Law School, Los Angeles, CA, Juris Doctor
University of California, Santa Barbara, CA, Bachelor of Arts, Political Science; Minor, History
Admitted to practice law at the Federal level and in Washington. B-19
CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSALS:
STATE AND/OR FEDERAL
LEGISLATIVE SERVICES
RFP Release Date: January 17, 2025
Deadline for Written Questions: January 24, 2025 by 4:00pm
RFP Submittal Deadline: February 7, 2025 by 4:00pm
City Administration Department
Attention: Catherine Jun, Deputy City Manager
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Phone: (310) 544-5203 | Email: cjun@rpvca.gov
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City of Rancho Palos Verdes
RFP – State and/or Federal Legislative Services Page 2 of 27
January 2025
STATE AND/OR FEDERAL
LEGISLATIVE SERVICES
The City of Rancho Palos Verdes (“City”) is requesting proposals for State and/or Federal
Legislative Services. The principal responsibility of the selected consulting firm(s) is to
leverage its extensive resources and network in State and Federal governments to secure
grants and funding for City projects and to achieve legislative and regulatory outcomes to
improve the quality of life in the community.
All awarded contract(s) are anticipated to commence in March 2025 for a term of one year,
with the option to extend for up to two (2) additional one (1) year terms.
(The City reserves the right to issue additional solicitation(s) during the term of the
Agreement(s) if services with niche experience/expertise are needed for special projects.)
All correspondence and questions regarding this RFP should be submitted via email to:
Catherine Jun, Deputy City Manager
Email: cjun@rpvca.gov
Phone: (310) 544-5203
To be considered for this RFP, submit an electronic copy of the proposal to Planet Bids by
February 7, 2025 by 4:00pm.
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City of Rancho Palos Verdes
RFP – State and/or Federal Legislative Services Page 3 of 27
January 2025
I. INTRODUCTION
The City of Rancho Palos Verdes is the largest of four cities located on the Palos Verdes
Peninsula overlooking the Pacific Ocean in Los Angeles County, California. The City
maintains a low density, semi-rural environment with approximately 45,000 residents who
take great pride in their community.
Rancho Palos Verdes is a general law, contract city with a five-member City Council elected
at large. The City Council, with the assistance of the City Manager and the Legislative
Advocacy firm(s), establishes an annual Legislative Platform to guide the policies and
direction of the City. The Legislative Platform focuses on five major areas representing the
community’s priorities including: housing and local land use; public safety; community
services; environmental quality; government transparency and effectiveness.
In addition to these focus areas, the City continues to dedicate significant resources to
mitigate the Greater Portuguese Bend-Ancient Altamira Landslide Complex, through
intensive advocacy and coordination with Los Angeles County, State of California and
Federal legislators and agencies. More background information is available in this Staff
Report – December 17, 2024.
The City is requesting proposals from qualified consulting firms to provide state and/or
federal legislative services. The most successful firms will demonstrate an extensive
network, resources, and ability to proactively and creatively achieve the City Council’s
policy objectives on the State and/or Federal levels.
II. SCOPE OF WORK
Qualified firms may submit proposals for Legislative Services on the State and/or
Federal levels. Firms that submit proposals for both State and Federal services must
separately outline their approach to each, including their respective cost estimates.
1. Legislative Analysis
a) At the direction of the City, review proposed, introduced, and amended
legislation and proposed and adopted administrative rules and regulations to
identify and report on matters potentially affecting the City on a monthly basis;
provide more frequent reports as needed.
b) Work with the City Council, the City Manager, and other designated City staff
to provide strategic advice and establish legislative positions and priorities that
will benefit the City.
c) Present legislative issues to the City Council for policy direction.
d) Monitor agency rulemaking and notify the City of potential impacts.
e) Coordinate with City staff to prepare the annual Legislative Platform for City
Council consideration and formal adoption.
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2. Legislative Advocacy
a) Identify opportunities for City officials to participate in the legislative process
and make recommendations. Those opportunities include, but are not limited
to, communication with members of U.S. Congress and State Congress,
providing testimony at legislative hearings, and communication with federal or
state agencies.
b) Work with legislators for bill authorization and follow appropriations as they
concern the City.
c) Influence authors and sponsors of bills to resolve concerns or stop bills where
resolution is not possible.
d) Foster relationships with legislators and administration officials: make
meeting recommendations, schedule arrangements, and strategize on
messaging.
3. Financial Support and Grant Applications
a) Develop a strategic federal or state funding plan, coordinating with City staff
and departments to develop a comprehensive strategy that helps achieve the
City’s priorities, with a heavy focus on funding to mitigate the Greater
Portuguese Bend Landslide. The plan shall identify City projects and outline
and prioritize multiple funding opportunities for each project and evaluate the
cost-benefit ratio for each opportunity. The most successful firms will layout
a clear plan to identify and secure funding from the State and Federal
governments for the landslide.
b) Provide meeting opportunities for City staff to discuss potential
grant/funding opportunities and guide them through the application process.
c) Monitor and report on the federal or state budget and work to secure funding
when appropriate on projects beneficial to City’s interests.
d) Support City grant activity, including identifying, researching, monitoring and
applying for funding opportunities, facilitating communication with
Federal/State agencies, and advocating for support of the application from
legislators and key stakeholders.
e) Provide grant writing, as needed, and follow through monitoring of grant
conditions and requirements.
4. Communication
a) Regularly communicate with the City via monthly briefings with staff and
briefings as needed with the Council Subcommittee. Provide weekly and
monthly reports on status of legislation and other related updates, and other
reports as needed.
b) Provide regular updates on the political landscape in Sacramento and
Washington D.C. to help provide context and identify opportunities and
potential issues. At a minimum, provide monthly reports of activities pursued
or accomplished on behalf of the City.
c) Prepare position letters, draft legislative language and talking points on
legislative, budgetary, and regulatory issues as necessary.
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5. Capitol Asset
a) Establish effective working relationships between City representatives and
legislative persons at all levels of government, including chairs and
consultants of key committees, chiefs of staff, and other policymakers.
b) Recommend and coordinate meetings for City officials and members of
Congress and their staff, the executive branch, Federal/State agencies and
other key stakeholders to advocate for City priorities.
6. FPPC Filings
a) Prepare and file all applicable Fair Political Practices Commission lobbying
documents and reports within all applicable deadlines, per the provisions of
the Political Reform Act of 1974 as amended. Provide the City notification of
any changes or modifications that may be present.
7. Ethics and Conflicts of Interest:
a) Firms shall conduct business in such a manner as to foster public confidence in
the integrity of City programming and activities.
b) Firms shall not solicit, demand, accept or agree to accept from any other
person a gratuity or benefit in connection with the Agreement.
c) Under the Levine Act, Section 84308 of the Government Code, a party to a
proceeding before the City involving a license, permit, or other entitlement for
use is required to disclose on the record of the proceeding any contribution in
an amount of more than two hundred fifty dollars ($250) made within the
preceding 12 months by the party or the party’s agent to any elected or
appointed officer of the City.
III. PRELIMINARY PROJECT SCHEDULE
This RFP will be governed by the following schedule (all dates are subject to change).
While the City will attempt to apply the necessary resources to maintain this schedule,
the following dates are tentative and the City reserves the right to modify this schedule
as needed to accommodate the successful completion of this RFP process.
Release of RFP Friday, January 17, 2025
Deadline for Written Questions: Friday, January 24, 2025 by 4:00pm
Responses to Questions Posted: Wednesday, January 29, 2025
Proposals are Due: Friday, February 7, 2025 by 4:00pm
Interviews (if needed): Week of February 10, 2025
Anticipated Approval of Contract(s): March 4, 2025
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IV. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately describing
the qualifications of the firm. The final submittal shall be sent as a PDF via the
PlanetBids.com website.
3. The proposing firm shall submit the following information with the package, including
the same information for subcontractors, in the following format:
a) Cover Letter
i. A cover letter signed by the individual authorized to represent / negotiate
on behalf of the responding firm, limited to 1 page.
b) Firm Qualifications
i. An overview of qualifications for the firm, which should include the type
of organization, size, professional registration, and affiliations of the
company.
ii. Resumes and backgrounds of the principal staff who will be working
directly and regularly on this initiative with the City as well as their roles.
Clearly identify the project lead who will be responsible for the day-to-
day management of the contract.
iii. Provide a minimum of three (3) references of which the proposer has
performed services of similar scope, within the last the last three years
demonstrating experience relevant to this request and that are related
to government advocacy (cities preferred). Provide the contact person’s
name, title, address, phone number, and email address. Provide a list of
current clients.
iv. Describe the Consultant’s established strategic relationships with
stakeholders, if any, that the Consultant would partner with to achieve
outcomes that support the City’s legislative and policy positions.
v. Explain what you would do in a situation where two or more of your
clients have conflicting views and/or positions on a matter in which
you’ve been asked to advocate on behalf of the City.
vi. Describe your process for identifying grants and to complete a grant
application.
vii. Provide any suggested modifications to the Scope of Work listed above.
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c) Understanding of and Proposed Approach to the RFP Scope of Work:
i. Describe the recommended approach to the City’s legislative
advocacy needs, as outlined by the Scope of Work RFP.
d) Pricing Proposal:
i. Provide a fee schedule/pricing information for the services set forth in
the Scope of Work, which must include:
• Hourly rates for each category of employee
• Monthly retainer not-to-exceed amount
• Annual not-to-exceed amount (Monthly retainer not-to-exceed
amount x 12)
The City shall not provide reimbursement for business or travel-related
expenses; therefore, such costs must be absorbed in the hourly rate or lump
sum fee structure.
Pricing shall remain firm for the entire Agreement term. Thereafter, any
proposed pricing adjustment for follow-on renewal periods shall be
submitted to the City Representative in writing at least ninety (90) days prior
to the new Agreement term.
e) Acceptance of Conditions:
State the offering firm’s acceptance of all conditions listed in the Request for
Proposal (RFP) document and Sample Professional Services Agreement
(Attachment A). Any exceptions or suggested changes to the RFP or Agreement,
including the suggested change, the reasons therefore and the impact it may have
on cost or other considerations on the firm’s behalf must be stated in the
proposal. Unless specifically noted by the firm, the City will rely on the proposal
being in compliance with all aspects of the RFP and in agreement with all
provisions of the agreement. (No more than one page)
V. SUBMISSION OF PROPOSAL
Complete written proposals must be submitted electronically in PDF file format via the
PlanetBids.com website no later than 4:00 p.m. (P.S.T) on Friday, February 7, 2025.
Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not
be accepted.
QUESTIONS, ANSWERS, AND ADDENDA TO RFP
Prior to the RFP submission deadline, questions may arise regarding the
specifications and procedural or administrative matters. All questions pertaining to
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this RFP shall be submitted using the City of Rancho Palos Verdes PlanetBids portal,
using the “Q&A” tab within this solicitation. Questions will be accepted no later than
the date published on the project schedule. If further clarification is required,
proposers shall only contact the RFP Administrator; proposers shall not contact any
other City staff or elected officials with questions. Answers will be published to
PlanetBids by the date published on the project schedule. Changes to the RFP itself
shall only be made by the City via formal written addenda. Addenda will be published
and distributed through the Portal. All addenda shall become a part of the RFP
document requiring acknowledgment by the proposer.
It is the sole responsibility of the Proposer to ensure that they have received the entire
Request for Proposal, including any and all questions, answers and addenda by
visiting the City of Rancho Palos Verdes PlanetBids portal.
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no
later than 4:00 p.m. PST on January 24, 2025 for response.
It is important to note that the City reserves the right to reject any and all responses.
The City will not be liable for, nor pay for any costs incurred by responding firms
relating to the preparation of the response. An explicit provision of this RFP is that any
oral communication is not binding on the City’s RFP response process or selection
criteria.
VI. SELECTION PROCESS
The City will coordinate a review and evaluation of all responses received by the City
in response to this RFP. As part of the assessment process, the City will place
particular emphasis on the qualifications and experience of the individuals assigned
to the project; directly relevant qualifications and experience of the firm; the ability
for the firm to undertake the RFP scope of work; and each firm’s understanding and
proposed approach to the project. The following specific criteria will be used in the
evaluation process:
1. Qualifications, experience and track record of the individuals assigned to the contract
and the firm, as a whole, in conducting similar work for similar cities (30%)
2. Understanding and approach to the proposed scope of work (40%)
3. Proposed Fees (30%)
The City may also contact and review the proposer’s references; contact any bidder
to clarify any response; contact any current users of a bidder’s services; solicit
information from any available source concerning any aspect of a Proposal; and seek
and review any other information deemed pertinent to the review process. The City
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shall not be obligated to accept the lowest-priced Proposal(s) but shall make an award
in the best interests of the City.
After written Proposals have been reviewed, interviews with prospective firms may or
may not be required. If scheduled, the interview will be a question and answer format
for the purpose of clarifying the intent of any portions of the Proposals. The individual
from your firm that will be directly responsible for carrying out the contract, if awarded,
should be present at the oral interview.
A Notification of Intent to Award may be sent to the vendor selected. Award is
contingent upon the successful negotiation of final contract terms. Negotiations shall
be confidential and not subject to disclosure to competing vendors unless an
agreement is reached. If contract negotiations cannot be concluded successfully, the
City may negotiate a contract with the next highest scoring vendor or withdraw the
RFP.
Award of Agreement
The selected firm shall be required to enter into a written Professional Services
Agreement (see sample City agreement in Attachment A) with the City, in a form
approved by the City Attorney, to perform the Scope of Services. This RFP and the
proposal, or any part thereof, may be incorporated into and made a part of the final
Agreement; however, the City reserves the right to further negotiate the terms and
conditions of the Agreement with the selected consultant. The Agreement will, in any
event, include a maximum "fixed cost" to the City.
VII. TERMS AND CONDITIONS
The following terms and conditions apply to this RFP:
1. All responses shall become the property of the City.
2. Due care and diligence has been exercised in the preparation of this RFP and
all information contained herein is believed to be substantially correct.
However, the responsibility for determining the full extent of the services
rests solely with those making responses. Neither the City nor its
representatives shall be responsible for any error or omission in this
response, nor for the failure on the part of the respondents to determine the
full extent of their exposures.
3. The City reserves the right to select firms from the responses received;
to waive any or all informalities and / or irregularities; to re-advertise with
either an identical or revised scope, or to cancel any requirement in its
entirety; or to reject any or all responses received.
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4. A response to this RFP does not constitute a formal bid, therefore, the City
retains the right to contact any / all proposing firms after submittal in order
to obtain supplemental information and/or clarification in either oral or
written form. Furthermore, an explicit provision of this RFP is that any oral
communication made is not binding on the City’s response process.
5. Insurance Requirements Acknowledgement:
Proposer must acknowledge that, upon awarding of the contract, they/their
organization will be able to provide sufficient insurance documents.
6. The City will not be liable for, nor pay for any costs incurred by responding
firms relating to the preparation of any response for this RFP.
7. City may disqualify a Proposer if:
a) References fail to substantiate Proposer’s description of services and
deliverables provided; or
b) References fail to support that Proposer has a continuing pattern of
providing capable, productive, and skilled personnel; or
c) City is unable to reach the point of contact with reasonable effort. It
is the Proposer’s responsibility to inform the point of contact(s) of
normal City working hours.
d) Proposer(s) contacts any other City staff or elected officials with
questions or comments related to this RFQ, or any other regard.
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ATTACHMENT A
Sample Professional Services Agreement
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT FOR
________________
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and
entered into on ___________________, 2024, by and between the CITY OF RANCHO PALOS
VERDES, a municipal corporation (“City”) and ___________________ (“Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services”
attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it
has the experience and ability to perform all work and services required hereunder and that it shall
diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or
“maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and
California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is
$1,000 or more, Consultant shall pay prevailing wages for such work and comply with the
requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other
applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the performance of
the services required by the Agreement.
1.5 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit
“B” and incorporated herein by this reference. In the event of a conflict between the provisions of
Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall
govern.
ARTICLE 2COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall
be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit
“C” and incorporated herein by this reference, but not exceeding the maximum contract amount
of $_______________ (______________________ Dollars) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
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Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether
the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty
five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant
acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that
payment will occur within this time period. In the event any charges or expenses are disputed by
City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant shall not constitute a
waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written order is first given by the Contract Officer to the
Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the
extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to
the written approval of the Consultant. Any increase in compensation of up to ten percent (10%)
of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000)
or in the time to perform of up to sixty (60) days may be approved by the Contract Officer. Any
greater increases, taken either separately or cumulatively, must be approved by the City Council.
No claim for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
ARTICLE 3PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this
Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and
incorporated herein by this reference. When requested by the Consultant, extensions to the time
period(s) specified in the Schedule of Performance may be approved in writing by the Contract
Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Consultant shall within ten (10) days of the commencement of such delay notify the con Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
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Consultant be entitled to recover damages against the City for any delay in the performance of this
Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant
to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
________ years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”). [The City may, in its sole discretion, extend the Term for ___________________
additional one-year terms.]
ARTICLE 4COORDINATION OF WORK
4.1 Representative of Consultant. _____________ is hereby designated as being the
representative of Consultant authorized to act on its behalf with respect to the work and services
specified herein and make all decisions in connection therewith. All personnel of Consultant and
any authorized agents shall be under the exclusive direction of the representative of Consultant.
Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. __________ [or such person as may be designated by the City
Manager] is hereby designated as being the representative the City authorized to act in its behalf
with respect to the work and services specified herein and to make all decisions in connection
therewith (“Contract Officer”).
4.3 Prohibition Against Assignment. Consultant shall not contract with any entity to
perform in whole or in part the work or services required hereunder without the express written
approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City. Any such prohibited
assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth. Consultant shall perform all services
required herein as an independent contractor of City with only such obligations as are consistent
with that role. Consultant shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
ARTICLE 5INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior
to commencement of any services under this Agreement, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
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(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
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City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Consultant maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
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(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify,
defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”)
against, and will hold and save them and each of them harmless from, any and all actions, either
judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses,
costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened that may
be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work, operations or activities provided herein of Consultant, its
officers, employees, agents, subcontractors, invitees, or any individual or entity for which
Consultant is legally liable (collectively, “Indemnitors”), or arising from Indemnitors’ reckless or
willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform
any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring
as a result of Indemnified Parties’ sole negligence or willful acts or omissions. The indemnity
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obligation shall be binding on successors and assigns of Indemnitors and shall survive termination
of this Agreement.
ARTICLE 6RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books
of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to
the disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services and shall keep such records for a period of
three years following completion of the services hereunder. The Contract Officer shall have full
and free access to such books and records at all times during normal business hours of City,
including the right to inspect, copy, audit and make records and transcripts from such records.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement or as the Contract
Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract
Officer or unless requested by the City Attorney, voluntarily provide documents, declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement. Response to a subpoena or court order shall
not be considered “voluntary” provided Consultant gives the City notice of such court order or
subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for
any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of
Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with
any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. The City retains the right, but has
no obligation, to represent Consultant or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the
opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover,
Consultant with respect to any documents and materials that may qualify as “works made for hire”
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as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for
hire” for the City.
ARTICLE 7ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of
California, in the County of Los Angeles, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this
Agreement, the City shall not have any obligation or duty to continue compensating Consultant
for any work performed after the date of default. Instead, the City may give notice to Consultant
of the default and the reasons for the default. The notice shall include the timeframe in which
Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be
extended, if circumstances warrant. During the period of time that Consultant is in default, the City
shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.
If Consultant does not cure the default, the City may take necessary steps to terminate this
Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive
relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to
Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under
this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of
this Contract except as specifically provided in the following Section for termination for cause.
The City reserves the right to terminate this Contract at any time, with or without cause, upon
fifteen (15) days’ written notice to Consultant, except that where termination is due to the fault of
the Consultant, the period of notice may be such shorter time as may be determined by the Contract
Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with
or without cause, upon sixty (60) days’ written notice to City, except that where termination is due
to the fault of the City, the period of notice may be such shorter time as the Consultant may
determine. Upon receipt of any notice of termination, Consultant shall immediately cease all
services hereunder except such as may be specifically approved by the Contract Officer. Except
where the Consultant has initiated termination, the Consultant shall be entitled to compensation
for all services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder, but not exceeding the compensation provided therefore
in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant
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to this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If termination is due to the failure of the
Consultant to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
ARTICLE 8MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs,
executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other
protected class in the performance of this Agreement. Consultant shall take affirmative action to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national
origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall
be personally liable to the Consultant, or any successor in interest, in the event of any default or
breach by the City or for any amount, which may become due to the Consultant or to its successor,
or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard, California 90275, and in the case of the
Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements and understandings, if any, between the parties,
and none shall be used to interpret this Agreement. This Agreement may be amended at any time
by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining portions of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver. A party’s
consent to or approval of any act by the other party requiring the party’s consent or approval shall
not be deemed to waive or render unnecessary the other party’s consent to or approval of any
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subsequent act. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or
made a party to any action or proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds
to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the
meaning of the language used and shall not be construed for or against either party by reason of
the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of
City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer,
or employee of City participate in any decision relating to this Agreement which may affect his/her
financial interest or the financial interest of any corporation, partnership, or association in which
(s)he is directly or indirectly interested, or in violation of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any State or
municipal statute or regulation. The determination of “financial interest” shall be consistent with
State law and shall not include interests found to be “remote” or “noninterests” pursuant to
Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid
or given, and will not pay or give, to any third party including, but not limited to, any City official,
officer, or employee, any money, consideration, or other thing of value as a result or consequence
of obtaining or being awarded any agreement. Consultant further warrants and represents that
(s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result
in the payment of any money, consideration, or other thing of value to any third party including,
but not limited to, any City official, officer, or employee, as a result of consequence of obtaining
or being awarded any agreement. Consultant is aware of and understands that any such act(s),
omission(s) or other conduct resulting in such payment of money, consideration, or other thing of
value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns
of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ara M. Mihranian, City Manager
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Elena Q. Gerli, City Attorney
CONSULTANT:
____________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01203.0001/267879.5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
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01203.0001/267879.5
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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01203.0001/267879.5 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A.
B.
C,
II. As part of the Services, Consultant will prepare and deliver the following tangible work
products to the City:
A.
B.
C.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City updated of the status of performance by delivering the following
status reports:
A.
B.
C.
IV. All work product is subject to review and acceptance by the City, and must be revised by the
Consultant without additional charge to the City until found satisfactory and accepted by
City.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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C-1
01203.0001/267879.5
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
TASK RATE TIME SUB-BUDGET
A. Task 1 ___________ ___________ $
B. Task 2 ___________ ___________
C. Task 3 ___________ ___________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to
be paid as a part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer,
funds may be shifted from one Task subbudget to another so long as the Contract Sum is not
exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel
properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in
Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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01203.0001/267879.5
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task 1 ______________ ______________
B. Task 2 ______________ ______________
C. Task 3 ______________
II. Consultant shall deliver the following tangible work products to the City by the following
dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance
with Section 3.2.
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