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CC - Item 5E - Federal Legislative Advocacy Services - David Turch & AssociatesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND ITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: SEPTEMBER 10, 2024 SUBJECT: FEDERAL LEGISLATIVE ADVOCACY SERVICES — DAVID TURCH & ASSOCIATES SUMMARY On September 24, 2019, the City of Rosemead ("City") approved a Professional Services Agreement ("Agreement") with David Turch & Associates ("DT&A") for federal legislative advocacy services for a three-year period, approving two additional one-year renewals. The agreement is set to expire September 24, 2024. Retaining the firm would continue to help the City identify, pursue, and protect essential federal program funding, and provide grant services, including working with the City to submit successful federal grant applications. DT&A provides comprehensive strategic planning, federal grant opportunities, legislative goal setting, intergovernmental liaison and political analyses. 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. DISCUSSION DT&A was founded in 1987 and is a successful and respected federal advocacy firm located in Washington DC. DT&A has been providing the City of Rosemead with federal legislative advocacy services since 2017. During the past five years, they have assisted the City with the following funding opportunities: • Garvey Community Center Renovation Project • City of Rosemead's Veterans Incubator Program • Installation of sidewalks for a Safer Route to Encinita Elementary School Retaining DT&A's services would ensure that 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 will continue to help the City identify, pursue, and protect essential federal funding for City programs and services, supporting the 2030 strategic plan. AGENDA ITEM 5.E City Council Meeting September 10, 2024 Page 2 of 2 STAFF RECOMMENDATION It is recommended that the City Council approve, authorize, and direct 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 $66,000 annually. FISCAL IMPACT The fees for David Turch & Associates services would be billed on a monthly retainer of $5,500, for a total annual cost of $66,000, and include all consultant travel expenses. The FY 2024-25 budget will be amended at midyear to account for the $12,000 increase from the previous agreement. STRATEGIC PLAN IMPACT Retention of DT&A's services is consistent with Rosemead's 2030 Strategic Plan goals as follows: • Goal A: Safety — improve quality of life. • Goal B: Responsive, Inclusive City — provide quality services that are inclusive and responsive to meet the changing needs of our diverse community. • Goal C: Infrastructure and Facilities — renovate and enhance public infrastructure and facilities. • Goal D: Parks and Programs — expand existing green space and parks. • Goal F: Finance — explore cost saving opportunities through the development of alternative funding sources. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: AWWWAdcv Merevto- Amanda Moreno, Senior Management Analyst Submitted by: chard o' istant City Manager Attachment A: Proposal for Services (2024) Attachment B: Professional Services Agreement Attachment A Proposal for Services PROPOSAL TO PROVIDE FEDERAL ADVOCACY SERVICES FOR CITY OF ROSEMEAD CALIFORNIA SUBMITTED BY: David Jurch and associates JULY 309 2024 1T. avid Jurch and Associates TABLE OF CONTENTS SECTION Cover Letter Introduction and Approach Scope of Services Firm Successes David Turch and Associates Team PAGE 10 Cost Proposal 12 SECTION 1 TRANSMITTAL LETTER David Jurch and �..Associatcs July 30, 2024 Richard A. Rojas, Jr., Assistant City Manager 8838 East Valley Boulevard Rosemead, California 91770 Dear Mr. Rojas: David Turch and Associates proposes to continue our federal advocacy services for the City of Rosemead. We want to continue to promote the City's legislative, regulatory and funding priorities at the federal level. Our teamwork has resulted in substantial wins for Rosemead. After extensive work with City officials and congressional offices on the FY24 Community Project Funding (earmark) requests, Representative Judy Chu secured $800,000 for the Garvey Park Improvement Proiect. In the current FY25 budget round, the City has secured an earmark in the amount of $850,000 for the Garvey Avenue Community Center Project, once again from Representative Chu. In addition, while the Senate Appropriations Committee has yet to announce funding for projects in the FY25 Financial Services and General Government Appropriations Act, ongoing discussions with the offices of Senators Alex Padilla and Laphonza Butler indicate that the City may be in line to get a $500,000 earmark for the Veterans Incubator project. 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 House, Senate and Executive Branch. 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. Consequently, our work is relatively unaffected by changes in congressional leadership. We are respected for our integrity and work ethic in representing our clients. 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, David N. M. Turch 517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002 (202) 543-3744 INTRODUCTION AND APPROACH David Turch and Associates was founded by Mr. Turch in 1987 and has operated continuously without interruption for the past 37 years. The firm is a sole -proprietorship. We comply with all Federal lobbying reporting requirements. We work with cities in California, Montana and Minnesota. We represent municipalities, water agencies, transit agencies, planning organizations, airports, economic development agencies, joint powers authorities (JPAs), and counties. We also work for private corporations and non -profits. David Turch and Associates has the right people to achieve your objectives. We have the institutional knowledge to expertly navigate Congress and the Executive Branch. We pride ourselves on working year-round for our clients and are accessible through many means of communication. Our whole advocacy team is dedicated to your success. Jamie Jones will continue to serve as the City's primary point of contact. Kevin Bosch will assist with legislative and regulatory research and grant announcements. We work in sync with you as a team to achieve your federal priorities. Jamie Jones will oversee the day-to-day management of the account. David Turch will be available to provide strategic guidance and support. Kevin Bosch will provide daily review of grant opportunities, congressional and agency actions and be available to research any questions you may have on legislative, regulatory and funding matters. In short, all members of the firm will be expected to advance the City's federal priorities. As you know from our current working relationship, we maintain close ties with our clients. We make frequent visits to your area. We listen. We work hard to understand your current and future needs and plans. We appreciate the role everyone plays in this team effort. We will to continue to work with you to review and update the City's short- and long-term priorities. We will identify specific appropriations and grant funding opportunities to meet your agenda. In collaboration with you, we will plan how best to position Rosemead's project funding requests in the upcoming Community Project Funding (earmark) process. Following these planning discussions, we will contact your congressional delegation, relevant House and Senate committees, and federal agencies on your updated policy goals and project list. We will work with you to plan City advocacy visits to Washington, DC. These trips can be timed to overlap with City related conferences in our nation's capital. One of the most effective ways to promote the City's priorities is by leveraging Rosemead's elected officials in Washington, DC. We will encourage the City to continue to send a group of officials to meet with congressional representatives and relevant House/Senate committees and federal agencies in the winter or spring of each calendar year. If Council members are unable to come to Washington, DC as part of a City delegation, we will piggy -back on any non -City related trips Council members may take to our nation's capital. Your involvement in the federal advocacy process and engagement in public policy deliberations are integral to successfully advancing the City's priorities. 0 SCOPE OF SERVICES Congressional Timeline -- January through mid-April is the time when City officials across the country frequently come to Washington, DC for the annual meetings of the U.S. Conference of Mayors, the National League of Cities, the American Public Transit Association and other organizations that deal with public sector issues. If Rosemead officials are in town for these activities, we will encourage you to also participate in Capitol Hill and agency meetings specific to your interests. We will organize these meetings around your planned itinerary. This will give us the opportunity to further promote the City's federal agenda. During March, April and May, appropriations committees hold their most important hearings on the President's budget proposal. These hearings offer an excellent opportunity to deliver your message. We can arrange for you to testify at a hearing as well as help to draft your statement. From about April through September, we regularly meet with Members, senior committee professional staff and executive branch officials to monitor the progress of funding priorities, grant applications and other City interests. Appropriations bills are frequently passed on very short notice. An entire year's hard work can be lost overnight. Additional visits, phone calls and letters to congressional offices may be required to ensure the City's interests are protected. The identities and agendas of the decision -makers may not be apparent to outsiders. We know how to close the deal. How We Serve as Your Congressional/Federal Liaison -- One important part of congressional liaison work is simply to be there. We are. We talk with Members and their staffs and understand the latest developments. David Turch and Associates' physical location in a historic district adjacent to the Senate office buildings on Capitol Hill helps. Promoting your program and interests to the Congress and federal agencies is best done by keeping it simple. We help develop material and messages that can be encapsulated in one page — or less. The detail, when required, will be attached but the message or request needs to be clear and concise. The follow-up is crucial. Reminders are constantly made with key congressional offices and federal agencies. We keep you informed of progress and problems. Besides monitoring federal budgetary issues for Rosemead, we will also track legislative bills that may have a positive or negative affect on the City. When appropriate, we will work in sync with national organizations like the US Conference of Mayors and the National League of Cities (NLC) to advance your priorities. Federal Funding Opportunities and Council Federal Workshop -- We will continue to match the City's priorities with current federal funding programs. We have one of the most sophisticated grant tracking programs in Washington. We systematically search for funding programs that will meet your needs. We flag all relevant funding opportunities and guide you through the application process. We work with you to implement our strategy to win political support and pursue funding for your various priorities. And, of course, we work with your congressional delegation to leverage their support for your federal funding requests as well as advise them of your legislative/regulatory interests and concerns. As part of our effort to strengthen the City's federal agenda, we recommend holding a federal workshop for the Council at a time of your convenience. We have found that these workshops act as a constructive way to get Council input and direction on the City's federal priorities and interests. We will provide an overview of the federal budget process, explore different City l: priorities and federal funding opportunities, including the restoration of community project funding (earmarks) and recalibrate, if necessary, the City's federal agenda. Reporting -- We place great emphasis on communication. This is done through personal updates and frequent visits to Rosemead. We will communicate with the City extensively and regularly expect to hear from you. This gives the City immediate information and provides you with the ability to ask detailed questions and provide specific direction. Such personal service fosters improved relations and provided a forum for more detailed examination of your federal issues. This clear understanding of the City'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. We currently have bi-weekly video calls with some clients to provide updates. We use any format our clients want for communication: calls, texts, email, reports and in-person meetings here in DC or in Rosemead. Our communications with the City will be personalized to fit your needs and desires. Collaborating With National Associations/Organizations -- -- To further enhance the City of Rosemead's presence in Washington, we belong to, or actively participate in, a number of organizations which include: • League of California 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 • Women in Government Relations When appropriate, we coordinate and cooperate with organizations and associations, public and private sector entities to advance common legislative objectives. Moreover, by leveraging nationally based organizations representing public sector interests, particularly during policy/programmatic campaigns targeting Congress and the administration, we can more effectively advance the City's interests. 0 FIRM SUCCESSES City of Santee, California The City of Santee secured $9,500,000 in Community Project Funding (earmarks) for their SR -52 Congestion Improvement Project. This project will add a 4.2 -mile westbound auxiliary and truck climbing lane from Mast Boulevard to Santo Road and will reduce peak hour travel time by up to 33% and improve traffic flow. SR -52 is a regionally significant, east -west highway connecting residents in suburban and rural areas of east San Diego County to employment centers. The route is a major corridor for freight and vehicle traffic coming from the U.S.-Mexico border via State Route 125. City of Montclair, California The City of Montclair secured $800,000 in the FY23 Consolidated Appropriations Act to purchase body -worn cameras and related data server systems to be used by police officers during contact with residents and visitors to the Montclair community. The City of Montclair secured $2,000,000 in the FY22 Consolidated Appropriations Act for improvements to their Saratoga Park. Funding was used to update a heavily used community recreation facility and to provide needed infrastructure improvements to the baseball field and associated facilities at Saratoga Park. The project addressed existing ADA compliance needs, retrofitted and refurbished the existing community recreation facility, and modernized and improved the existing baseball facilities. West Valley Water District, California Secured $2,000,000 for WVWD's Bloomington Alleyway Pipeline Project in the FY22 Consolidated Appropriations Act. Funding is administered by the USEPA under the State and Tribal Assistance Grant (STAG) program. WV WD is phasing in new water pipelines, smart water meters and hydrants for residents in Bloomington, an unincorporated area designated as a disadvantaged community by the California Public Utilities Commission. The area is largely defined by widespread poverty, high unemployment, and air and groundwater pollution. Completion of this project will help the District continue to provide safe, reliable and affordable supply of drinking water to Bloomington ratepayers, IEWORKS -- We worked on securing congressional and Department of Education support for a joint application spearheaded by Jewish Vocational Service (JVS)/BAYWORK and West Valley Water District, among other partners in the Inland Empire, which was funded by the US Department of Education through the FY 2020 Education Stabilization Fund: Reimagine Workforce Preparation (ESF-RWP) Grants Program. The California Department of Employment Development was the lead applicant. The award, which was announced in October 2020, was for $14,440,118 to be allocated among five projects, including the JVS/BAWORK Inland Empire initiative. The San Bernardino County Workforce Development Board, the Los Angeles Black Worker Center, San Bernardino Valley College (SBVC), San Bernardino City Unified School District's Career Technical Education (CTE) program, West Valley Water District, and other local water 7 and wastewater agencies and their labor partners comprise this partnership. This program replicates the successful model of regional outreach, training, internships, and support pioneered through BAYWORK, a water utilities consortium in the San Francisco Bay Area. The Inland Empire partnership creates a talent pipeline to meet industry needs by recruiting college students and co -enrolled high school students in San Bernardino Valley College's Water Technology Program, increasing access to apprenticeship training, and preparing students for entry-level jobs in essential water and adjacent fields. Grant funds support partner -led coordination, recruitment, and classroom training efforts; create internships; leverage local union and community college support to develop a regional apprenticeship program; and fund employer-provided on-the-job experience to ultimately connect vulnerable job seekers to high-quality jobs. EPA WIFIA — We worked with WVWD Board members and staff, Corolla consultants, in releasing a Letter of Interest to the US Environmental Protection Agency to participate in the Water Infrastructure Finance and Innovation Act (WIFIA) loan program to help fund the expansion of the Oliver P. Roemer Water Filtration Facility Project. We secured support letters from Senators Dianne Feinstein, Kamala Harris and Representatives Pete Aguilar and Norma Torres. In pursuing a WIFIA loan, we organized meeting with EPA in 2018 and 2019 for WVWD Board members and staff to discuss the program parameters. In January 2021, the EPA invited WVWD to submit a WIFIA loan application for up to $25 million. $300,000 WaterSMART Grant—In 2018, WVWD was interested in modifying a 2015 $300,000 Bureau of Reclamation WaterSMART grant from a purely turf replacement project to an irrigation installment project. We raised the issue with BOR headquarters in Washington, DC and with the agency's Temecula Office. We scheduled follow up conference calls with BOR Temecula officials and secured approval for WVWD to modify the grant. City of Chino, California Chino secured $2,000,000 in the FY23 Consolidated Appropriations Act for its new treatment plant for groundwater wells 4 and 6. The project entails a new 2 million gallon per day (MGD) groundwater treatment facility to address water supply needs from wells 4 and 6. Currently, the wells are inactive due to water quality contamination. Chino Basin historically has been a center of agricultural and manufacturing activities that have contributed significantly to the contamination of the basin as a whole. The City has experienced nitrate, TCP -123 and other contaminations at other well sites and is constructing treatment plants to address these issues. We worked with the City of Chino in 2019/2020 in securing a Bureau of Reclamation Drought Resiliency grant in the amount of $750,000 for Chino Well 14 On-site Wellhead Treatment. We worked with Bureau officials in Washington, DC, their regional office in Colorado, and their local office in Temecula in securing the grant. The City will construct an on-site wellhead treatment facility to bring a well back into service that had been retired due to groundwater contaminants. The project will provide 3,705 acre-feet per year of treated water to the local potable supply. Almost half of the City's supply is provided by groundwater and this project will support the City in increasing the reliability of its local supplies. The City submitted a previous application for the project in 2018/2019. We scheduled a debrief with the Bureau in 2019 which was critical in identifying the parts of the application that needed to be modified and strengthened. E ICI System, California The Interagency Communications Interoperability (ICI) System Joint Powers Authority, a public safety communications network that serves more than 60 municipal Fire and Police agencies and their more than 25 Regional 9-1-1 emergency Dispatch Centers as a primary Land Mobile Radio (LMR) System in Los Angeles County. Most recently, we worked with the ICI System Board of Directors in securing $2,500,000 in congressional funding to update their communications system. In addition, we have coordinated with ICI member agencies in our outreach to the Federal Communications Commission and Congress to overturn a provision in public law that mandated the FCC to reallocate and auction public safety T -Band (470-512 MHz) — spectrum used for mission critical voice communications in some of the largest metropolitan areas in the country, including Los Angeles, New York, Boston, Chicago, and Philadelphia. We worked to gain congressional legislative support in both chambers of Congress, worked closely with the chairmen and ranking members of the House Energy and Commerce Committee, the Senate Commerce, Science and Transportation Committee and congressional leaders from both sides of the aisle to secure the adoption of our provision in a pandemic relief package enacted into law in December 2020. This legislative provision saved our client and its member agencies more than $300 million and preserved T -Band as the backbone of their interoperable public safety radio system. City of Imperial, California The City of Imperial secured $1,200,000 in the FY 23 Consolidated Appropriations Act for their Imperial Community Kitchen Incubator Project, which will provide micro -business owners the opportunity to test their products on the market while learning valuable finance skills to sustain their businesses. The City wants to create five to eight successful community incubators within the community; thus creating twenty-five to forty permanentjobs. This project will serve the local population of 20,263 residents. Ontario International Airport, California When "earmarks" were forbidden, we were successful in amending a federal statute to allow a transfer of up to $70 million between Ontario International Airport and LAX (Los Angeles International Airport) as part of a campaign to return ownership of Ontario International Airport to the City of Ontario, California. Over a period of ten months, we secured the introduction of stand-alone, companion bills in each chamber of Congress, overcame earmark concerns, ensured our legislative text was part of the House and Senate respective FAA reauthorization measures and, as a fallback plan, inserted our provision in the Senate Transportation -HUD Appropriations bill. Enactment of our legislative fix amending the statute governing Passenger Facility Charges (PFC) authorized the transfer of funds between Ontario International Airport and LAX — a legislative fix that only applied to these two airports. While the adopted amendment language appeared to be the very definition of an earmark -- we still won. DAVID TURCH AND ASSOCIATES TEAM David Turch David Torch served more than fifteen years as a legislative aide with Members of both the U.S. House and Senate and both major political parties. After a career on Capitol Hill, he became a division director for two of the nation's largest public relations firms. There, 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. David Turch will oversee the contract administration. Jamie Jones Jamie Jones has been with David Turch and Associates for the past 24 years focusing on meeting our clients' interests in public safety, transportation, aviation, economic development, defense, environment, and water related matters. Jamie has extensive experience working with municipalities, particularly in California. 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 previously worked as a consultant/advance representative on a congressional campaign in New York City. He also was a senior associate for a New York -based financial institution. Jamie holds an advanced degree in International Affairs from The American University. Kevin Bosch Kevin Bosch has worked for David Turch and Associates since 1993. He currently manages the research operations for the firm. In this capacity, he tracks and analyzes legislative and regulatory actions of the federal government. Additionally, Mr. Bosch analyzes and monitors the grant process and opportunities within the executive branch, including the interplay of the Congress and executive branch in spending decisions. Kevin also assists in servicing all the clients. His decades of experience studying the intricacies of our federal system is unparalleled. He is a tried-and-true problem solver. Mr. Bosch received his Master of Arts degree in Comparative Politics from the American University in Washington D.C. He holds a Bachelor of Arts degree in Political Science from Calvin College in Grand Rapids, Michigan. Kevin will work closely with Jamie Jones to achieve Beaumont's objectives. Marilyn Campbell Marilyn Campbell is our chief operating officer and has been with the firm since 1990. 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, at the time one of the world's leading defense contractors. 10 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 an advanced degree in international politics from Webster University and is a graduate of the Harvard University Kennedy School of Government, and National Preparedness Leadership Institute. Joseph McLean Joseph McLean was a member of the founding leadership team of Barak Obama's successful U.S. Senate race and managed Governor L. Douglas Wilder's historic election in Virginia, as well as engineering dark horse victories in California, Michigan and Kentucky. He created the institutional development plan for VoteVets.org and The Lantern Project, two groundbreaking new concepts that fundamentally changed the political landscape. Joe served as President and CFO of Heflin & Company, Inc., a commercial construction company in Nashville, and is the fifth generation to raise cotton on his family farm in Quincy, Tennessee. Joe served as legislative assistant in the Tennessee congressional delegation for Ed Jones and was a Campaign Finance Analyst with the Clerk of the U.S. House of Representatives. Joe holds a A.S. in History/Economics from Freed- Hardeman University, and a B.S. in Political Science/Economics from Middle Tennessee State University. Elaine Temple Prior to joining the firm, Elaine Temple worked for 30 plus years helping governmental entities with capital financing and legislative affairs. Elaine began her career in finance with a regional bank specializing in equipment finance for cities, counties, and governmental agencies. Elaine was responsible for all areas of the division including marketing, sales, pricing, and governmental affairs. At her retirement, the division was the largest corporate lending area in the bank. Elaine has a Bachelor of Science degree with an emphasis on finance and accounting from the University of Southern Mississippi and a degree from LSU Graduate School of Banking. 11 COST PROPOSAL We are eager to continue our relationship with the City of Rosemead. David Torch and Associates proposes a fee of $5,500 per month or $66,000 per year. The fee is all-inclusive. There are no hidden costs in our contract. David Turch and Associates is an established firm. Years of experience allow us to make sound estimates concerning the scope and effort required to diligently pursue the goals of our clients. This understanding translates into cost estimates that provide a solid value for the City of Rosemead and a fair return to us. As you know, we recommend a negotiated monthly retainer as the best method of payment for our services. Monthly retainers are an agreed upon amount for which we will perform all of the activities necessary to effectively represent your interests. For you, a monthly retainer provides stability for planning and the elimination of the administrative expense required to analyze bills. Monthly retainers allow us to assign as many people as necessary, for as much time and effort as may be required, to achieve your objectives. We demand that members of this firm focus on the job to be accomplished, not on dollars received. Monthly retainers are one way to maintain this high standard. 12 Attachment B Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT FEDERAL LEGISLATIVE ADVOCACY SERVICES (DAVID TURCH AND ASSOCIATES) 1. PARTIES AND DATE. This Agreement is made and entered into this Day of _, 20_ (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, a Sole Proprietorship, 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 licensed in the State of California and is familiar with the plans of City. 2.2 Project. The City desires to engage Consultant to render such ongoing 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 Project, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a Three (3) year period from September 24, 2024 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 this Agreement and shall meet any other established schedules 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 underthis Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 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 hereby designates David Turch, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional 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 represents 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 applicable 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 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any 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 its 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 Sixty -Six Thousand Dollars ($66,000.00) per fiscal year. The City agrees to pay Consultant a fee of five thousand five hundred dollars ($5,500) a month. Consultant's scope of services and rate schedule is hereby incorporated and found in Exhibit "A". 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 hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 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. 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 to the extent they are applicable to Consultant. 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. 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: CITY: David Turch and Associates 517 2nd Street Northeast, Washington D.C. 20002 Attn: David Turch Tel: (202) 543-3744 City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim, City Manager Tel: (626) 569-2169 Such notice shall be deemed made when personally delivered orwhen mailed, forty- eight (48) hours by certified mail or 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. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 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 parry reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 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 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. 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] CITY OF ROSEMEAD DAVID TURCH ANDASSOCIATES Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: 0 Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] M Name: Rachel Richman Date City Attorney Title: W-4:11-31<�1 SCOPE OF SERVICES/ RATE SCHEDULE The Consultant shall provide federal advocacy, lobbying, and grant services to the City per the proposal attached. 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. 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. 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 than $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. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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. 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 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 Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (orhigher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. 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 (or otherwise consistent with the insurer's endorsement). 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. 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. A ten (10) day notice to City shall apply to nonpayment of premiums. 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 (except Professional Liability and Workers' Compensation) 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 self-insured 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. 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 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.