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CC - Item 5C - Federal Legislative Advocacy Services - David Turch and Associates s M F 5 ROSEMEAD CITY COUNCIL Q- l ° 1 CIVIC PRIDE STAFF REPORT ikeoRPORATED 1gy9 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER c2"`" DATE: SEPTEMBER 24, 2019 • SUBJECT: FEDERAL LEGISLATIVE ADVOCACY SERVICES — DAVID TURCH & ASSOCIATES SUMMARY In August of 2017, the City of Rosemead retained the services of David Turch & Associates (DT&A) for federal legislative advocacy services, and on September 11, 2018 DT&A's services was renewed for one additional year. DT&A provides comprehensive strategic planning, federal grant opportunities, legislative goal setting, intergovernmental liaison and political analyses. Retaining the firm would continue to help the City identify, pursue, and protect essential federal program funding critical to the City, and provide grant services, including working with the City to submit successful federal grant applications. DT&A would also work to support or oppose legislation, regulations, and policy that would either benefit or harm the City or its residents, and foster or enhance relationships with members of Congress and Executive Agency officials. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a three-year agreement with two, 1-year options with David Turch & Associates for federal legislative advocacy services, in an amount not-to-exceed$54,000 annual. DISCUSSION David Turch & Associates was founded in 1987 and is a successful and respected federal advocacy firm located in Washington DC. During the past two years with the City, they have focused on exploring funding opportunities with the Department of Transportation for the I-710 freeway gap; organized meetings with senior officials at the Department of Interior to discuss open space, recreation, affordable housing, and water related discretionary grant programs; assisted in reviewing and interpreting program parameters for the New Hire and Community Policing Development programs; and continued the ongoing congressional and agency efforts to secure federal assistance to assist the City with its MS4 storm water runoff mandate challenge. AGENDA ITEM 5.0 City Council Meeting September 24,2019 Page 2 of 2 Retaining DT&A's services would ensure that such ongoing efforts are not disrupted and Rosemead's advocacy of several important legislative matters that affect our community are heeded and weighted in the legislation process. DT&A has agreed to provide continued services at the negotiated 2018 rate with no increase in fees. FISCAL IMPACT The fees for David Turch& Associates services would be billed on a monthly retainer of$4,500, for a total annual cost of $54,000, and includes all consultant travel expenses. This service is included in the FY 2019-20 budget. STRATEGIC PLAN IMPACT — Retention of DT&A's services to provide advocacy for Rosemead meets the three fundamental goals of the 2018-2020 Strategic Plan as follows: • Ensure the City's continued financial viability by actively pursuing quality economic development. • Beautify residential neighborhoods and commercial corridors. • Enhance public safety and quality of life. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Ben Kim, As di City Manager Attachment A: Proposal for Services (2018) Attachment B: Professional Services Agreement S E M F O ip `tel '9 CIVIC PRIDE r 'NcoapoRATED,os Attachment A Proposal for Services (2018) David Jurch and associates Proposal for Federal Legislative Advocacy Services The City of Rosemead, California September 11, 2018 cDavid Jurch and Associates September 4, 2018 Ms. Gloria Molleda and Mr. Greg Tsujiuchi City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Dear Gloria and Greg: David Turch and Associates is very much interested in renewing our federal legislative advocacy services contract with the City of Rosemead. We are eager to continue representing the City of Rosemead and promoting your interests at the federal level. David Turch and Associates provides a strong voice for the many communities and businesses in California and elsewhere who are our clients. We know the issues that concern you. Our success is based on hard work and experience. We understand the institutions, the people and the processes of our federal system. Members of our firm have a thorough knowledge of the federal government, arising from their previous service in the Executive Branch and the US Senate and House of Representatives. We have close working relationships with many Members of Congress on both sides of the aisle and with agencies across the federal spectrum of interest to you. Our work on your behalf has focused on Rosemead's diverse priorities including exploring funding opportunities with the Department of Transportation on closing the 710 freeway gap;organizing meetings with senior officials at the Department of Interior to discuss open space, recreation and water related discretionary grant programs; multiple contacts with the Justice Department's COPS Office in which we reviewed program parameters for the New Hire and Community Policing Development programs; and our ongoing congressional and agency efforts to secure federal assistance to assist the City with its MS4 stormwater runoff mandate challenge. David Turch and Associates is an experienced federal government relations firm with a proven track record of success. We look forward to continuing to provide Rosemead with the excellent representation in Washington you deserve. Sincerely, Jamie Jones and Amanda Stephenson (David Jurch and Associates QUALIFICATIONS David Turch and Associates are leaders in providing representation at the federal level in government procurement programs, municipal projects, defense and transportation. Result oriented, David Turch and Associates provides the knowledge, work ethic, and experience to provide the services required by the City of Rosemead. Much of our work involves serving the needs of municipalities and transit authorities. Our proven history of success is a result of cooperating with clients to develop sound and realistic objectives. We then effectively pursue their community interest with both regional federal officials and the decision makers at the relevant agencies here in Washington. David Turch and Associates has a strong relationship with many Members from both political parties in the House and the Senate. We work closely with the senior decision- makers on Capitol Hill to advance your position. We are well grounded in the process of our government, not just in the people elected to govern. Our staff understands how, when, and where the laws are written. Consequently, our work is relatively unaffected by changes in congressional leadership. We are well known by the chairmen of the committees and the ranking minority members. We are respected for our integrity and honesty in representing our clients. Your priorities will receive attention at the highest levels. As one of the dominant federal advocacy firms representing California we work with most every member from our state. Many are close personal friends. In addition, because of our national client base, we have similar relationships with Members from Oregon to Florida. We work tirelessly in representing our clients' interests. We not only focus on securing congressional support for our clients' priorities but also work congressional committees and federal agencies, including the White House Office of Intergovernmental Affairs and the Office of Management and Budget. To further enhance the City of Rosemead presence in Washington, we belong to, or actively participate in a number of organizations which include: — Women in Government Relations, — California League of Cities, — California State Association of Counties, — Washington Area Transit Industry Representatives, — The U.S. Conference of Mayors, — The National League of Cities, — The National Association of Counties, — The National Association of Housing and Redevelopment Officials. This offers several advantages to Rosemead. We combine the efforts of local government associations,transportation commissions,economic development agencies, federal agencies, and Congress to make all these entities function for you. By working closely with you and the decision-makers in Washington, D.C., our efforts will be successful. David Turch and Associates has a solid background with myriad transportation projects and entities which have interests similar to those advanced by the City of Rosemead. A few of those clients include: — City of Redondo Beach: helped secure federal funds to build transit facility to serve as a regional hub, — City of Palmdale: helped secure funding for expanded transit parking for their Metrolink station, — City of Monrovia: helped secure funds for their transit village complex which includes parking facilities and bus cut outs, — City of Imperial: helped secure funding for transit facility, — City of Saint Cloud: helped secure replacement buses, — St. Cloud Area Planning Organization:assisted in negotiating a land release with the Veterans Administration as well as helped secure Northstar phase II commuter buses. We assisted the Los Angeles JPA in establishing Metrolink a couple of decades ago and pioneered their lobbying effort in Washington for a decade and half. A similar system in Minnesota, Northstar Commuter Rail, was unsuccessful in negotiating track rights from Big Lake to Saint Cloud. We were successful in establishing "The Link" bus connection mentioned above. LEGISLATIVE AND EXECUTIVE BRANCH SUCCESS Transportation is one of our areas of specialty. We have been deeply involved in all transportation reauthorization acts to pass Congress: ISTEA, TEA-21, SAFETEA-LU, MAP-21 and FAST. Our longstanding involvement with the House Transportation and Infrastructure Committee provides us with a unique insight into the more nuanced policy deliberations that evolve during the reauthorization process. We personally know and have access to the key decision-makers and have our hands on the pulse of the Committee. Moreover, David Turch and Associates has an excellent working relationship with the Department of Transportation and its various agencies. In December 2015, President Obama signed a multi-year transportation reauthorization bill entitled Fixing America's Surface Transportation or FAST. This act includes increased funding for bus and bus facilities, multi-modal facilities, and freight projects. It also established a registry for Nationally Significant Freight and Highway Projects (NSFHP), which allowed access to $4.5 billion beginning FY 2016 and ending in FY 2020. Federal Aviation Administration, U.S. Department of Transportation US. Congress We worked with the City of Ontario, California in its campaign to regain control of the Ontario International Airport(ONT) from the City of Los Angeles/Los Angeles World Airports (LAWA). In this successful endeavor, we coordinated closely with Southern California municipalities, counties, national aviation stakeholders, members of Congress, congressional committees and the Federal Aviation Administration (FAA), to advance our client's agenda. This multi-pronged strategy involved orchestrating a House Transportation and Infrastructure Aviation Subcommittee field hearing in Ontario, enlisting bipartisan congressional support as well as securing the enactment of a legislative provision amending federal law to allow $70 million in Passenger Facility Charges (PFCs)to be transferred from ONT to LAX following the separation of ONT from LAWA ownership and control. The PFC amendment was the cornerstone that allowed the $250 million settlement agreement between Ontario and Los Angeles to take effect. In securing a legislative fix, we enlisted the support of key congressional players including Chairman Bill Shuster(R-PA) and Ranking Member Pete Defazio (D-OR)of the House Transportation and Infrastructure Committee, Chairman John Thune(R-SD) and Ranking Member Bill Nelson (D-FL) of the Senate Commerce, Science and Transportation Committee, Senators Dianne Feinstein(D-CA)and then Senator Barbara Boxer (D-CA), and assembled a bipartisan coalition of members from the Southern California delegation including Representatives Ken Calvert(R-CA), an appropriations cardinal, and Grace Napolitano (D-CA), a senior Democrat on the Transportation and Infrastructure Committee. Over a period of ten months, we secured the introduction of stand-alone, companion bills in each chamber of Congress, overcame committee earmark concerns, ensured our legislative text was part of Chairman Shuster and Chairman Thune's respective FAA reauthorization measures and, as a fall back plan, inserted, through the leadership of Senator Feinstein, our provision in the Senate Transportation Appropriations bill. Moreover, we enlisted the support of the House Republican leadership team, in particular Kevin McCarthy (R-CA), in moving our bill through the Transportation and Infrastructure Committee and the House. Enactment of our legislative fix allowed the airport transfer to take place on November 1, 2016. FAST Act, U.S. Department of Transportation In December 2015, President Obama signed a multi-year transportation reauthorization bill entitled Fixing America's Surface Transportation or FAST. This act includes increased funding for bus and bus facilities,multi-modal facilities, and freight projects. It also established a registry for Nationally Significant Freight and Highway Projects (NSFHP), which will have access to $4.5 billion beginning in fiscal year 2016 and ending in fiscal year 2020. FASTLANE Grants, U.S. Department of Transportation Under the FAST Act,the Secretary of Transportation received$800 million to distribute in FY2016 through the Fostering Advancements in Shipping and Transportation for the Long-Term Achievement of National Efficiency (FASTLANE) grants program. FASTLANE grants applications open on April 14, 2016 and close on May 14, 2016. Federal Transit Administration, U.S. Department of Transportation In 2012, we worked with the Riverside Transit Administration (RTA) to secure a $2.4 million Federal Transit Administration(FTA)Clean Fuel Grant. The federal funds were used to cover the cost of replacing RTA's fleet of compressed natural gas buses, which were reaching the end of their useful life. RTA is in the process of spending over $50 million on the purchase of 97 full-sized buses,with the potential to buy more if needed. U.S. Department of Transportation California Department of Transportation Over the years, we have secured tens of millions of dollars for interchange projects along the I-10 and I-15 Corridors in Southern California, including the I-10 and Riverside Avenue Interchange, the I-15 and Base Line Road Interchange, and the proposed SR-60 Potrero Boulevard Interchange. When previously earmarked funds were at risk of being rescinded for the Potrero Boulevard Interchange project in the summer of 2012, we worked with the City of Beaumont, the Department of Transportation, and Caltrans to ensure that the funds remained dedicated to the project. We have also secured tens of millions of dollars for bridges and road improvement projects for our clients across the country. U.S. Department of Transportation We have been working with the City of Montclair,the Foothill Gold Line Construction Authority,and the San Bernardino Associated Governments on the Gold Line extension (Phase 2B) from Azusa to Montclair. The City of Montclair, our client, has been actively engaged in advocating for the buildout of Phase 2B. City officials have explored various funding solutions to pay for the extension of the light rail line from Claremont to Montclair—a$68 million segment—which serves as the gateway into the western portion of San Bernardino County. We have held discussions and met with Federal Transit Administration officials, both in Washington, DC and in Los Angeles, on potential federal funding sources for the project, including Small Starts. In order to expand federal funding options, City officials have also met with the Department of Transportation's Office of Infrastructure Finance and Innovation. In this regard, we reviewed the possibility of securing funds under the Transportation Investment Generating Economic Recovery (TIGER) grant program and the Transportation Infrastructure Finance and Innovation Act (TIFIA). On the local font, Montclair has also applied for Cap and Trade funds. With the passage of Measure M in Los Angeles County, raising $1.1 billion for the construction of the Gold Line from Azusa to Claremont, Montclair has until April 2018 to secure a funding package to link up with the Foothill Gold Line Construction Authority's construction timetable. The City has lined up support from members from the Los Angeles and San Bernardino Congressional Delegations and is reviewing all available options. We have worked with the City of Monrovia on its development plans along the Gold Line light rail extension through the City. Monrovia's Station Square Transit Village development is the most ambitious project in Monrovia in decades and, when completed, will ultimately cover 80 acres-- including a park-and-ride transit center, more than 1,000 new residential units, neighborhood retail establishments, offices and public spaces. We helped secure over$4.5 million for the project. Beyond assisting the City secure federal funds for the project, we were more recently engaged in obtaining congressional support in facilitating an agreement on the construction of a maintenance facility between Monrovia and the Gold Line Construction Authority. We also secured funding for the City's trolley system,parks and downtown historic preservation project. A FEW EXAMPLES OF LEGISLATIVE &EXECUTIVE BRANCH SUCCESSES Economic Development-Job Training On behalf of the City of Imperial, California,we have been diligently holding meetings over the past couple of years with officials from the Commerce Department's Economic Development Administration (EDA), both here in Washington, D.C. and with their regional office in southern California. Our work with EDA paid off in 2013 when the City of Imperial secured a $3,000,000 EDA grant to fund the extension of water, wastewater, and the construction of surface road and other improvements along Neckel Road. This project supports the development of the Alliance and Innovative Regional Center, an USCIS approved EB-5 green card investment regional center, which will include a hotel, retail center, and office park. This project supports foreign direct investment and global competitiveness. This investment is part of a$3,828,375 project that will create an estimated 642 jobs and leverage$22.25 million in private investment. Through our advocacy work with EPA, we were able to help the City of Rialto partner with the agency to establish a job training program aimed at helping prepare young adults in Rialto for employment opportunities in the hazardous waste cleanup industry. The Superfund Job Training Initiative (SuperJTI) program combines extensive classroom instruction with hands-on training exercises for each participant. SuperJTI graduates have the technical skills to work on a broad range of construction, environmental remediation, and cleanup projects at Superfund sites. EPA offers SuperJTI training through its Technical Assistance Services for Communities (TASC) contract,which provides training and independent technical assistance to communities. TASC provides assistance to communities affected by hazardous waste sites regulated by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, and the Resource Conservation and Recovery Act(RCRA). Law Enforcement In September 2014, the Justice Department's COPS Office awarded $250,000 to the Rialto Police Department to hire two School Resource Officers (SRO). We worked closely with the Rialto Police Department and the COPS Office and Rialto's congressional House and Senate delegations. We organized several meetings in 2014 between Rialto City officials and COPS Office Director Ronald Davis to discuss the City's law enforcement personnel needs and Justice Department grant opportunities. In addition to the SRO grant the Rialto Police Department secured over$625,000 in COPS funding to hire five new police officers. The Police Department also secured a$93,000 grant in 2012 as part of a study that received national attention on the use of body cameras. The police department saw an 88 percent drop in complaint against officers, from 24 to 3 in a single year, after implementing the body cameras. Use-of-force incidents also fell by nearly 60 percent from 61 to 25 incidents. Water On water related projects, we have worked with a number of clients including the cities of Rialto and Colton in the Inland Empire. In this capacity,we worked with Senators Barbara Boxer and Dianne Feinstein and Representatives Joe Baca, Jerry Lewis, Grace Napolitano, and Gary Miller to secure both federal funding and legislative solutions on the issue of perchlorate groundwater contamination in the Rialto-Colton Basin. We worked with Congressman Baca in establishing the California Reclamation Groundwater Remediation Initiative in the National Heritage Areas Act of 2005 (P.L. 109-338, Title VIII). The program authorized $10 million for the purposes of groundwater remediation under the auspices of the Bureau of Reclamation. Funding will directly assist Rialto and Colton to deal more effectively with their groundwater perchlorate contamination. We also worked with the U.S. Environmental Protection Agency (EPA) and relevant congressional committees, in particular Boxer's Environment and Public Works Committee,in advancing the City of Rialto's objective by securing a National Priorities Listing (NPL) of the 160- acre B.F. Goodrich area as a superfund site. In addition,we helped secure over$23 million in perchlorate remediation from the Department of Defense and the EPA. NASA/SOFIA Program President Obama's FY 2015 budget request for the National Aeronautics and Space Administration (NASA) proposed to eliminate funding for the Stratospheric Observatory For Infrared Astronomy (SOFIA) program operated out of Palmdale, California. David Turch and Associates was tasked by the City of Palmdale to mobilize and secure congressional support to restore full funding ($87 million) for SOFIA. Termination of the program would have resulted in the direct loss of over 200 high-paying jobs in the Palmdale region. We immediately engaged key House and Senate Appropriations Committee Members and enlisted the support of the California Congressional Delegation. We organized a Palmdale City advocacy trip to Washington, DC prior to the NASA budget markup by the House Appropriations Subcommittee on Commerce,Justice, Science. The Palmdale delegation met with top NASA representatives including the official in charge of handling funding justifications for the Astrophysics Division. The Palmdale group had meetings with Kevin McCarthy, then House Majority Whip, whose congressional district stretches into the Antelope Valley, as well as with the Republican and Democratic leadership of the CJS Subcommittee. We leveraged, through the City, local business and labor interests for the project on Capitol Hill. We duplicated our efforts on the Senate side, working closely with Senators Dianne Feinstein. We coordinated our legislative advocacy efforts with research stakeholders from northern California. The end result was a House mark of $70 million and a Senate mark of$87 million. The enacted continuing resolution for FY 2015 included $70 million and allowed NASA to continue to fully operate SOFIA. The respective House/Senate appropriations marks,moreover,ensured that the program was funded through the end of 2015 fiscal year and established an important milestone for technical field demonstrations for the retrofitted 747 aircraft and program. Homeland Security David Turch and Associates provides federal advocacy services for the Interagency Communications Interoperability System(ICIS)Joint Powers Authority(JPA),a seven- city member agency including Beverly Hills, Burbank, Culver City, Glendale, Montebello, Pasadena, and Pomona. In addition, ICIS network subscribers include the Bob Hope Airport Authority, the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT), and the Verdugo Fire Communications Center, serving the cities of Burbank, Glendale, Pasadena, Arcadia, Monrovia, South Pasadena,San Marino, San Gabriel, Sierra Madre,Monterey Park,and Alhambra. The ICIS system covers over 1.2 million residents in Los Angeles County. Our firm has been actively promoting ICIS's federal agenda with key Members of the House and Senate as well as relevant congressional committees and the executive branch. We have worked with ICIS board members and staff in crafting a federal strategy that advances ICIS's interests by: educating federal representatives about the critical nature of the organization's work; pursuing appropriations and programmatic funding; and leveraging congressional support on behalf of ICIS, resulting in millions of dollars in federal funds for the build out of the system. On policy and regulatory fronts, we have promoted ICIS's interests before federal agencies including the Department of Justice's Office of Community Oriented Policing Services regarding COPS Technology funding,the Department of Homeland Security's Federal Emergency Management Agency(FEMA)regarding their grants programs and "Best Practices" site, and Homeland Security's Science and Technology Directorate Command, Control and Interoperability Division regarding the establishment of national standards for interoperable communications. ICIS members worked with the Department of Commerce's National Telecommunications and Information Administration (NTIA) to discuss the agency's implementation and administration of the $1 billion Public Safety Interoperable Communications Grant Program (PSIC) as well as the Broadband Technology Opportunities Program(BTOP). More recently, ICIS officials met with NTIA to discuss the agency's plans on establishing and implementing FirstNet, the governance board in charge of managing the development of a nationwide broadband network for public safety. ICIS also met with Federal Communications Commission (FCC) officials from the Public Safety and Homeland Security Bureau to discuss a legislative rider in H.R. 3630 (P.L. 112-96), legislation extending middle class tax breaks and unemployment benefits,that mandates a "take back" of frequencies in the UHF T-Band portion of spectrum (470-512 MHz), which is used to support narrowband voice systems in a dozen of the largest metropolitan areas in the country, including within LA County. ICIS operates within the T-Band range of frequencies. We are working to resolve the T-Band issue with the LA Congressional Delegation,the House Energy and Commerce Committee,the House and Senate Homeland Security committees, and the Senate Commerce, Science, and Transportation Committee. Emergency Preparedness &Action Earlier this year, we organized a Stearns County advocacy trip to Washington, DC. We met with Members of the Minnesota delegation, congressional committees of interest and various federal agencies, including FEMA. The County was awarded over $165,000 from FEMA in Hazard Mitigation grants this year to construct tornado safe rooms. In June 2016, a tornado touched down in Fallon County, Montana and caused extensive damage to a local lake. David Turch and Associates immediately initiated work with FEMA, County Officials, the Governor's office, and the Montana Congressional Delegation to determine the best resources and funding structures to remediate the lake. We worked directly with the Governor's Office to submit a `Major Disaster Declaration'to the President and the Congressional Delegation to secure letters of support to the FEMA Administrator. Fallon County is currently receiving support from FEMA and the Army Corps of Engineers, and when the County recently asked for an extension, DTA facilitated discussions with FEMA and Army Corps of Engineers about the required steps and the compelling reasons to grant the request. Education Since entering into an agreement in 2013,we have been working with the city of Hemet, California to raise awareness of their issues on Capitol Hill.We have met with Members of the California delegation as well as with key congressional committees and federal agencies. Hemet was awarded this past month (September 2014) a$340,918 Education grant for the Hemet Unified School District to improve school climate and keep students safe. We worked through the City in support of the grant application. Domestic Violence David Turch and Associates helped the Stearns County Attorney secure a $100,000 in funding to establish the Domestic Violence Court in Minnesota. Prior to establishing the DV Court, seven out of seven of the last intentional homicides in Stearns County were related to domestic violence. Within the first three years of operation, the DV Court has seen 58%of victims,who received legal services,separated permanently from abusers,a reduction in assaults and violations of no-contact orders,and increased school attendance from the children involved. These improvements include significant economic benefit to the community of decreased use of judicial and enforcement resources, fewer missed days of work or absences from school, and lower health care related costs due to physical injury. Aviation Over the last year we have worked with the City of Imperial, the City of El Centro, the County of Imperial and SeaPort Airlines on securing a Department of Transportation waiver so that Imperial County Airport can continue to participate in the Essential Air Service (EAS)program. The EAS provides a federal subsidy to encourage commercial passenger air service in rural communities. The FAA Modernization and Reform Act of 2012 (Public Law 112-95) amended the EAS requiring participating communities to maintain an average of 10 enplanements or more per service day in order to remain program eligible. This new statutory requirement took effect at the beginning of FY 2013 (October 1, 2012 through September 30, 2013). Imperial County Airport's average daily enplanements for FY 2013 was below the minimum DOT threshold. David Turch and Associates worked with all regional stakeholders, including Senators Dianne Feinstein and Barbara Boxer and Representative Juan Vargas, in a successful effort to secure a waiver,which was issued by the Transportation Department in September 2014. We organized several meetings with EAS officials and held numerous communications with congressional and regional representatives. Continued EAS service to the airport is a critical component of the region's economic development plans. The waiver allows the airport to continue to have access to the$1.6 million EAS grant through FY 2015. From a different advocacy perspective, we are sometimes retained by a client to block an initiative that will harm their interest. David Turch and Associates was hired by the homeowner's associations of Lake Nona Estates and North Lake Park in Orlando, Florida to increase the level of transparency with the Greater Orlando Airport Authority (GOAA) regarding the planned expansion of their East Airfield. The original airport plans threatened to adversely affect the environment and health of the community residents. David Turch & Associates successfully engaged the Federal Aviation Administration (FAA), United States Army Corps of Engineers (USCOE), the Environmental Protection Agency (EPA), and relevant members of the House and Senate to pressure the GOAA to make plan modifications to address the communities' concerns. As a result, a community park was created as a buffer zone which then boarded an area that was agreed to be used only for low intensity aviation activity. Any high intensity aircraft activity was also agreed to be located at the area farthest from residential communities. REPORTING We place great emphasis on communication. This will be done through personal updates and frequent visits with Rosemead. We will communicate with you extensively and regularly expect to hear from you. This gives you immediate information and provides you with the ability to ask detailed questions and provide specific direction. Such personal service fosters improved relations and provides a forum for more detailed examination of your federal issues. This clear understanding of Rosemead's direction is most useful during the legislative session when we arrange meetings and the opportunity for you to testify before the federal government. Your issues are important, they deserve proper acknowledgment and action. Issues can develop quickly. We have the ability to adapt to changing demands. We understand your agenda and track issues not specifically listed but of interest to you. APPROACH We also maintain close relationships with our clients. Members of the management governing boards of our clients know us personally. We make frequent visits to your area. We listen. We work hard to understand your current needs and your plans for the future. We appreciate the role everyone plays in this team effort. Members of the firm will travel to you to conduct an introductory workshop. We will meet with Rosemead staff, and others, at your behest. We will gather and exchange information to develop a better understanding of your needs, interests, and priorities, both in the near and long term. We will help you determine and develop your priorities for the year. Together we will establish a strategic plan to achieve your legislative goals and a project list that helps to guide our work in Washington. Following this visit, we commence an educational campaign with members of the California Congressional Delegation, the relevant House and Senate Committees, and agency staff. This campaign includes an introduction to the City, an explanation of both near and far term priorities, and resources for those offices and staff to retain. We will help you draft testimony for use before congressional committees and prepare handouts for Congress. We have one of the most sophisticated grant tracking programs in Washington. We systematically search for programs within legislation and executive branch agencies that will meet your needs and aid your priorities. We flag all relevant funding opportunities and guide you through the application process. We convey funding opportunities through the combined effort of monitoring departments, and agencies within departments, along with being in contact with the individual program grant managers. We are notified by the appropriate agency relevant to the City of Rosemead and relay the funding opportunity to you often a week or more in advance of the program becoming public on grants.gov. We will work with you to develop a strategy to win political support and pursue funding for your various priorities. As mentioned, we will flag all relevant grant opportunities and guide you through the application process. We will draft letters of support and collect signatures on Capitol Hill. We will do what it takes to bring about the results you expect and deserve. We encourage members and officials of Rosemead to visit Washington to meet with Members of Congress, congressional staff and Executive Branch officials. Your involvement with us in the federal governmental process and public policy issue debates is critical for success. Meeting with agency officials here in Washington promotes a symbiotic relationship in which they can better sense particular needs and adjust programs and awards as needed. Agency officials want to know how they can be helpful to you, as programs are not static and funding opportunities occur on a rolling basis. STAFF BIOGRAPHIES Since 1987, the firm has a horizontal structure with all associates reporting directly to Mr. Turch. Each of our fulltime associates has enumerated responsibilities and designated positions within the firm. Marilyn Campbell is the chief financial officer responsible for all financial filings, payroll, lobbying reports, billing, and contracts. Jamie Jones, Kodiak Hill-Davis, and Amanda Stephenson manage the client accounts and lead client services for the firm. Kevin Bosch directs legislative research and analysis for the firm. The firm also engages part time associates when projects or issues may require additional expertise.Vic Tambone(Ret.Col.U.S.Air Force)is an associate who assists with defense and homeland security issues for clients. David Turch and Associates has the right people. Our bipartisan firm has the institutional and relational knowledge to expertly navigate Congress and the Executive Branch. While our entire advocacy team works to promote and advance your federal agenda, your day-to-day point of contact would be Amanda Stephenson. David Turch David Turch served more than fifteen years as a legislative aide with members of both the U.S. House and Senate and both major political parties. A former division director for two of the nation's largest public relations firms, David achieved substantial expertise in the development of successful government marketing strategies. In August of 1987 he founded David Turch and Associates at its present location on Capitol Hill. David was graduated from Saint John's University with majors in economics and business administration. Marilyn Campbell Marilyn Campbell is our chief operating officer. A native Washingtonian, Marilyn brings extensive management and political experience including staff service on the House Rules Committee,the most powerful committee in Congress. Ms. Campbell also served as a staff member to the Senate Committee on Energy and Natural Resources and the Senate Committee on the Judiciary. Subsequently, Marilyn managed some of Washington's top law firms and the Washington office of Ferranti International of the United Kingdom, one of the world's leading defense contractors. Col. Vic Tambone(USAF Ret.) Mr. Tambone served the country as an Air Force officer for twenty-four years,rising to the rank of colonel. In addition to being a pilot, staff officer,and commander,he served with distinction in the Office of Legislative Liaison for the Secretary of the Air Force. Tambone also served as a program manager for aircraft acquisition, an Advance Agent for Presidential Flight Support, and the military aide to Secretary Henry Kissinger. President Bush appointed Mr. Tambone as the first Chief of Staff, Science and Technology Directorate, U.S. Department of Homeland Security, where he served as special advisor to the members of the Under Secretary's immediate staff and also as a liaison to other components of the Department, the Administration, and the US Congress. Victor Tambone attended the Virginia Military Institute, and graduated from the United States Air Force Academy. He earned a Bachelor of Science degree in aeronautic engineering and a minor in astronautic engineering. He also holds a Masters degree in international politics from Webster University and is a graduate of the Harvard University, JFK School of Government,National Preparedness Leadership Institute. Kodiak Hill-Davis Kodiak Hill-Davis brings experience in both the legislative and regulatory process. Ms. Hill-Davis joined David Turch & Associates in 2007 after serving on the staff of Congresswoman Nancy L. Johnson. She has worked extensively on behalf of both public and private sector clients on a wide range of initiatives. Her expertise is highlighted by her decade-long history of successful transportation projects, especially those with municipal interests. She serves as a co-chair of the Transportation and Infrastructure committee for Women in Government Relations here in Washington. Ms. Hill-Davis earned dual degrees in Political Science and History from Smith College and a J.D.from George Mason University where she focused on regulatory law and analysis. Kevin Bosch Kevin Bosch is the director of legislative research. He monitors the activities of Congressional committees and agencies of the Executive Branch. Mr. Bosch provides the firm with a solid business perspective from his work as manager of Georgetown Pipe and Tobacco,an internationally renowned firm.He has been with David Turch and Associates for twenty-five years. Mr. Bosch holds an advanced degree in Comparative Politics from American University. Jamie Jones Jamie Jones has been with David Turch and Associates for the past 18 years focusing on meeting our clients' interests in public safety,transportation,economic development, defense, environment and water related matters. Jamie has extensive experience working with municipalities, particularly in Los Angeles County and the Inland Empire. Prior to joining the firm, Jamie worked for twelve years in the U.S. House of Representatives. As a senior level staffer for a member from the Los Angeles County Congressional Delegation, Jamie managed the legislative operations of the office and worked closely with both the Republican and Democratic leaderships of the House. Jamie worked as a consultant/advance representative on a congressional campaign in New York. He was also a senior associate for a New York-based financial institution. Jamie holds an advanced degree in International Affairs from The American University. Amanda Stephenson Amanda Stephenson joined the firm from the School of Policy and Government at George Mason University where she earned her degree in political science. Ms. Stephenson attended George Mason as the recipient of a prestigious athletic scholarship and was a member of the Division I Women's Soccer Team. She also earned a coveted nomination as a Women in Government Relations fellow. As a Southern California native, Ms. Stephenson has cultivated a deep understanding of the California region where her policy ingenuity proves to be advantageous. S EM F y k,,t..,,,,,o AV \\\...,.............____ CIVIC PRIDE 14'C04P0RATEO.,959 l Attachment B Professional Services Agreement E M f E O Q' l � CIVIC PRIDE /VCORPORATED 1959 PROFESSIONAL SERVICES AGREEMENT FEDERAL LEGISLATIVE ADVOCACY SERVICES (DAVID TURCH AND ASSOCIATES) 1. PARTIES AND DATE. This Agreement is made and entered into this this 24th day of September, 2019 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and David Turch and Associates with its principal place of business at 517 2nd Street, Northeast, Washington D.C. 20002 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional federal legislative advocacy services to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render professional federal legislative advocacy services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional federal legislative advocacy services necessary for the City, herein referred to a "Services". The David Turch and Associates Page 2 of 11 Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a three (3) year time period from September 11, 2019 with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are David Turch and Associates Page 3 of 11 determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, David Turch and Associates Page 4 of 11 officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Fifty-Four Thousand Dollars ($54,000.00) per fiscal year. The City agrees to pay Consultant a fee of four thousand five hundred dollars ($4,500) a month. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. David Turch and Associates Page 5 of 11 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. David Turch and Associates Page 6 of 11 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: David Turch and Associates 517 2nd Street Northeast, Washington D.C. 20002 Attn: David Turch Tel: (202) 543-3744 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. David Turch and Associates Page 7 of 11 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. David Turch and Associates Page 8 of 11 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party David Turch and Associates Page 9 of 11 beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. David Turch and Associates Page 10 of 11 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] David Turch and Associates Page 11 of 11 CITY OF ROSEMEAD DAVID TURCH AND ASSOCIATES By: By: Gloria Molleda, City Manager Date Date Name: Attest: Title: City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Name: Rachel Richman Date City Attorney Title: EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME The Consultant shall provide federal advocacy, lobbying, and grant services to the City per the proposal attached. A-1 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must"pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. 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. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Consultant agrees to ensure that 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 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 subcontractors and others engaged in the project will be submitted to City for review. 11.Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.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 will negotiate additional compensation proportional to the increased benefit to City. C-3 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or C-4 Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5