CC - Item 7B - Discussion Regarding the City's Legislative Advocacy and Governmental Affairs ContractsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: FEBRUARY 14, 2023
SUBJECT: DISCUSSION REGARDING THE CITY'S LEGISLATIVE ADVOCACY
AND GOVERNMENTAL AFFAIRS CONTRACTS WITH JOE A.
GONSALVES & SONS AND DAVID TURCH & ASSOCIATES
SUMMARY
At the January 10, 2023, City Council Meeting, Mayor Pro Tem Ly requested that an item be
brought forward at a future meeting to discuss the City's contracts with its state lobbyist, Joe A.
Gonsalves & Sons, and federal lobbyist, David Turch & Associates.
STAFF RECOMMENDATION
It is recommended that the City Council discuss and provide direction to City staff.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental Quality Act
("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As
such, this matter is exempt under CEQA.
STRATEGIC PLAN IMPACT
None.
FISCAL IMPACT
None.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
/UQ
Michael Bruckner
Assistant City Manager
AGENDA ITEM 7.13
City Council Meeting
February 14, 2023
Page 2 of 2
Attachment A: Gonsalves & Sons PSA
Attachment B: August 8, 2017 Staff Report — David Turch & Associates
Attachment C: August 9, 2022 Staff Report — David Turch & Associates
Attachment A
Gonsalves & Sons
Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
LEGISLATIVE ADVOCACY AND GOVERNMENTAL AFFAIRS SERVICES
JOE A. GONSALVES & SONS
PARTIES AND DATE.
This Agreement is made and entered into this July 1, 2022 (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 Joe A. Gonsalves & Sons with its principal place of business
at 925 L Street, Suite 250, Sacramento, CA, 95814 ("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 legislative advocacy
and governmental affairs services (e.g. lobbying) to public clients, is licensed in the State
of California and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render legislative advocacy and
governmental affairs services ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Tenn.
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 legislative advocacy and
governmental affairs services necessary for the City, herein referred to a "Services". The
Services are more particularly described in Exhibit "A" attached hereto and incorporated
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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 one (1) year time
period from Effective date, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of the 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 under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
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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,
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
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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 thirty -thousand dollars ($30,000). The City agrees to pay Consultant a fee of two
thousand five hundred dollars ($2,500) 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.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
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California Labor Code Section 1720, at seq., and 1770, at seq., as well as California Code
of Regulations, Title 8, Section 1600, at 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 Consultants 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.
3A 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 dearly 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.
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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:
Joe A. Gonsalves & Son
925 L Street, Suite 250
Sacramento, CA 95814
Attn: Jason Gonsalves
Tel: (916) 441-0597
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.
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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 Attomey'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.
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3.5.7 Entire Agreement: This Agreement contains the entire Agreement
of the panties 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.
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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.
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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]
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CITY OF ROSEMEAD CONTRACTOR
By: �c /2 Z'C—By: 10/14/22
City M er Date Date
Anthony D. Gonsalves
Attest:
TRIe: President/Advocate
City Clerk Date
Approved as to Form: By:
47 to, '� /U , Nam 1. Jason A. Gonsalves 10/14/22
City Attorney Date
Corporate Secretary/advocate
EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE
The City shall pay consultant a monthly service fee of two thousand five hundred dollars
($2,500) per month for the following services:
A. Represent THE CITY OF ROSEMEAD in Sacramento in terms of
communicating the CITY'S interests to the appropriate elected
representatives, key staff members, state agencies and other individuals as
needed.
B. Develop and maintain good working relationships between the CITY and
State legislators, legislative staff, and state agencies.
C. Develop, coordinate and execute the CITY'S advocacy efforts, including
communication with legislative officials and other governmental officials for
the purpose of influencing legislation or administrative action.
D. Review all pertinent legislative bills introduced in the California Legislature
and inform the CITY of all such legislation affecting its interest and forward
weekly a copy of all such bills to the CITY. The CITY will review and analyze
all such legislative bilis and inform CONSULTANT, in writing, of its position
on such bills the CITY wishes to pursue.
E. Assist in identifying and obtaining state funding available for CITY programs
and proposed capital projects.
F. Obtain support, through letters of support and other means, from state
legislators and officials for CITY grant applications.
G. Provide a monthly written summary during the legislative session and at
other times if warranted that gives updates on pending legislation, state
budget, and other relevant issues.
H. Arrange meetings with legislative representatives or key agency staff and
CITY representatives.
I. Attend and provide testimony on behalf of the CITY in legislative committee
hearings.
J. Provide support, including advising on briefing papers, talking points, etc.,
when CITY officials are requested to testify before a legislative committee.
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. if that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor 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 ghren loss, will be
available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor 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 that $1,000,000 combined single limit per accident If Contractor owns no
vehicles, this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If Contractor or Contractor employees will use
personal autos in any way on this project, Contractor 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.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of Agency, its officers, agents, employees and
volunteers.
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.
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with
limits that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employer's liability. Such policy or policies shall include
the following terms and conditions:
A drop down feature requiring the policy to respond if any primary insurance that
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would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
agreement: (Intentionally Omitted)
Requirements not limiting: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
Agency.
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 Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor.
1. Contractor 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. Contractor
also agrees to require all contractors, and subcontractors to do likewise.
No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor 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.
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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. Contractor 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 Contractor'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 Contractor or deducted from sums due
Contractor, at City option.
8. Certificate(s) are to reflect that the Insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor 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 Contractor 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. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor 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.
C-3
Contractor agrees that upon request, all agreements with subcontractors and
others engaged In the project will be submitted to City for review.
11. Contractor agrees not to self4nsure 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 Contractor'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 Contractor, 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 Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on the part
of City to Inform Contractor 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.Contractor 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. Contractor 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
Contractor'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 Contractor under this agreement. Contractor 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. Contractor 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 Contractor
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.
Contractor agrees to provide Immediate notice to City of any claim or loss against
Contractor 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
r)
EXHIBIT A
n
PROPOSAL FOR SERVICES/ RATE SCHEDULE
The City shall pay consultant a monthly service fee of two thousand five hundred dollars
($2,500) per month for the following services:
A. Represent THE CITY OF ROSEMEAD in Sacramento in terms of
communicating the CITY'S interests to the appropriate elected
representatives, key staff members, state agencies and other individuals as
needed.
B. Develop and maintain good working relationships between the CITY and
State legislators, legislative staff, and state agencies.
C. Develop, coordinate and execute the CITY'S advocacy efforts, including
communication with legislative officials and other governmental officials for
the purpose of influencing legislation or administrative action.
D. Review all pertinent legislative bills introduced in the California Legislature
and inform the CITY of all such legislation affecting its interest and forward
weekly a copy of all such bills to the CITY. The CITY will review and analyze
all such legislative bills and inform CONSULTANT, in writing, of its position
on such bills the CITY wishes to pursue.
E. Assist in identifying and obtaining state funding available for CITY programs
and proposed capital projects.
F. Obtain support, through letters of support and other means, from state
legislators and officials for CITY grant applications.
G. Provide a monthly written summary during the legislative session and at
other times if warranted that gives updates on pending legislation, state
budget, and other relevant issues.
H. Arrange meetings with legislative representatives or key agency staff and
CITY representatives.
I. Attend and provide testimony on behalf of the CITY in legislative committee
hearings.
J. Provide support, including advising on briefing papers, talking points, etc.,
when CITY officials are requested to testify before a legislative committee.
A-1
r)
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or
endorse the existing coverage to do so. Contractor 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.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor 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 that $1,000,000 combined single limit per accident. If Contractor owns no
vehicles, this requirement may be satisfied by a non -owned auto endorsement to the
general liability policy described above. If Contractor or Contractor employees will use
personal autos in any way on this project, Contractor 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.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of Agency, its officers, agents, employees and
volunteers.
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.
Contractor shall obtain and maintain an umbrella or excess liability Insurance policy with
limits that will provide bodily injury, personal injury and property damage liability coverage
at least as broad as the primary coverages set forth above, including commercial general
liability, automobile liability, and employers liability. Such policy or policies shall include
the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
C-1
would otherwise have applied proves to be uncollectible in whole or in part for any
reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Requirements not limiting: Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the Agency requires and shall be entitled to coverage for the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
Agency.
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 Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
Contractor 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. Contractor
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor 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.
14W
n
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. Contractor 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 Contractor'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 Contractor or deducted from sums due
Contractor, at City option.
8. Cerfificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor 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 Contractor 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. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor 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.
C-3
r) n
Contractor agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11.Contractor 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 Contractor'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 Contractor, 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 Contractor ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, 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. Contractor acknowledges and agrees that any actual or alleged failure on the part
of City to inform Contractor 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. Contractor 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 effed.
16. Contractor 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
Contractor'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 Contractor under this agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
C-4
n
16. 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. Contractor 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 Contractor
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.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor 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
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. O CERTIFICATE OF LIABILITY INSURANCE
wMl'._ _—. _._... GDDLISUER
LTR TYFEOFMSURANCE POLICYNUMMER POLICY EFF PblldY aX1 UNITS
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provislons or be endorsed.
H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder In lieu of such endoreemen s .
PRO CER McGee & Thielen Insurance Brokers, Inc.
3840 Rosin Court, Suite 245lot
Sacramento, CA 95834
CANE `r
PXOME 91$.646.1919 F o NP: s1$-64s_o99s
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INSURE SJ RON°COVERAGE CE
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MSNRERA: Traelers Indemnity Company of CT 25682
INSURED
Joe A Gonsalves and Sons Inc.
Mssuats: Hartford Accident and indemnity Company 22357
INSURER c:
925 L Street
Suite 250
Sacramento CA 95814
INSURER D:
INSURER E:
INSURER F:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_..
wMl'._ _—. _._... GDDLISUER
LTR TYFEOFMSURANCE POLICYNUMMER POLICY EFF PblldY aX1 UNITS
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DESCRIPTION OF OPEMTIOIISI LOCATIONS/ VEMCLES (ACORD 101, A0011.1 Relmrb Sehe WN, rrley M easNe& Rmen apace N Mqulrea)
The City of Rosemead is named as additional insured per the attached blanket endorsement form CG D1 05 04194.
City of Rosemead
8838 East Valley Blvd.
Rosemead CA 91770
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CORPORATION. All
AGURU 25 (2015103)
rhe ACORD name and logo are registered marks of ACORD
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED -OWNERS, LESSEES
OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS:
f. WHO IS AN INSURED (SECTION II) is amended
to Include as an Insured any person or organiza-
tion (called hereafter "addMonal insured') whom
You have agreed in a written contract, executed
prior to loss, to name as additional insured, but
only with respect to liability arising out of 'your
work" or your ongoing operations for that adds.
tional insured performed by you or for you
2. With respect to the insurance afforded to Addi-
tional Insureds the following conditions apply:
a. Limits of Insurance — The following limits of
liability apply:
1. The limits which you agreed to provide;
or
2. The limits shown on the declarations,
whichever is less.
b. This insurance is excess over any valid and
collectible Insurance unless you have agreed
in a written contract for this insurance to
apply on a primary or contributory basis.
9. This insurance does not apply:
a. on any basis to any person or organization
for whom you have purchased an Owners
and Contractors Protective policy.
b. to 'bodily injury" 'property damage," "per-
sonal injury," or "advertising injury" arising
out of the rendering of or the failure to render
any professional services by or for you, in-
cluding:
1. The preparing, approving or failing to
prepare or approve maps, drawings,
opinions, reports, surveys, change or-
ders, designs or specifications; and
2. Supervisory, inspection or engineering
services.
CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994.
Includes Copyrighted Material from Insurance Services Office, Inc.
69429721 1 422/33 M..tei GL/AL/9C I cher3occe 31.m 1 3/24/2022 va9:30 .x (Pm) I P., 2 0[ 2
Page 1 of t
Attachment B
August 8, 2017 Staff Report
David Turch & Associates
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER���
DATE: AUGUST 8, 2017
SUBJECT: FEDERAL PUBLIC AFFAIRS ADVOCACY AND GRANT SERVICES
CONTRACT (AGENDIZED BY MAYOR PRO TEM LY)
SUMMARY
To help navigate the City of Rosemead through Federal agencies, provide grant opportunities,
and elevate Rosemead's competitiveness in competing for Federal funding, staff recommends
utilizing the services of David Turch & Associates. David Turch & Associates are leaders in
providing representation at the federal level in government procurement programs, municipal
projects, and transportation. They have been identified to be the best approach to potential
Federal funding opportunities for Rosemead given their sound track record, proposed strategy,
and team of professionals.
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into a one-year
agreement with David Torch & Associates for public affairs advocacy services, in an amount not
to exceed $ 54,000 and appropriate $54,000 from the General Fund unassigned fund balance.
In recent years, cities have been severely impacted by Federal and State mandates, such as MS4
permit compliance. In addition, the City is looking for funding opportunities to address the
closure of the Interstate 710 gap and secure funding for capital improvement projects, including
additional parks space. To provide the support and expertise required to compete for Federal
funds, a contract with David Turch & Associates is proposed to identify and pursue funding
opportunities and provide expertise in grant writing to aide in the application and compliance
aspects of Federal grants. The proposed contract term would be one year, after which an
evaluation would take place prior to extending service for additional terms.
David Turch & Associates was founded in 1987, and is a successful and respected federal
advocacy firm in Washington DC. They provide comprehensive strategic planning, legislative
goal setting, intergovernmental liaison and political analyses. The firm would help the City
ITEM NUMBER:
City Council Meeting
August S, 2017
Page 2 of 2
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.
David Turch & Associates 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. David Turch &
Associated has helped cites such as, Beverly Hills, Montclair and Ontario successfully navigate
Federal funding programs.
FISCAL IMPACT
The fees for David Turch & Associates services would be billed on a monthly retainer of $4,500,
for a total one-year cost of $54,000. This retainer includes all consultant travel expenses.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by: /
Y 6 (
Brad McKinney, Assistant City Manager
Attachment — David Turch & Associates Proposal
Attachment
David Turch & Associates Proposal
June 6, 2017
City of Rosemead
I� I �=01-Tom
June 6, 2017
Messrs. Bill R. Manis and Brad McKinney
City of Rosemead
8838 Fast Valley Blvd.
Rosemead, CA 91770
Dear Bill and Brad,
I much enjoyed meeting with you recently about future endeavors of the City of
Rosemead. As I mentioned, David Turch and Associates is a successful, experienced,
and well respected federal government relations firm eager to serve as your federal
advocate.
We are an accomplished farm with a specialty in transportation. A couple of our
achievements would include last year's change to a federal statute to allow up to $250
million to be exchanged between Ontario International Airport and Los Angeles World
Airports. This transfer had previously been prohibited and was critical in allowing
Ontario to become an independent airport. Earlier, in Central Minnesota we were able
to work around earmark rules and provided money outside of the normal legislative
procedures for the construction of an interstate interchange. That allowed the
development of an industrial park which now houses national Ems such as Anderson
Trucking and New Flyer Bus Manufacturing. We convinced the Congress to direct the
FAA to essentially close an airport ---Rialto. This is the only time in the history of
America that this has occurred.
We accomplished these things because members of our firm have a thorough knowledge
of the federal government. Our close working relations with Members of Congress on
both sides of the aisle is crucial.
I would very much look forward to meeting with the members of your city council. I
am frequently in the Los Angeles area and am already scheduled, for instance, on June
281h should that be convenient to you.
David N. M. Torch
QUALIFICATIONS
David Tureh 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 rakers at the relevant agencies here in
Washington,
David Touch 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 IiID 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 fins 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 ako work congressional committees
and federal agencies, including the White House Office of Intergovernmental Affairs
and the Office of Management and Budget.
To firther 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
goverrunent associations, transportation conun fissions, 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 Clients, elected officials, and the media know of and acclaim our work:
prover, effective assistance in dealing with [agencies of the federal
government]." San Bernardino Sun editorial
"... Turch's company has done a good job for Rialto, bringing millions in federal
money to the city through grants and legislations (sic)." Daily Bulletin editorial,
Ontario, California.
"... Turch has been instrumental in getting... a $5 million appropriation as part of the
Intermodal Surface Transportation and Efficiency Act...." The Californian, Temecula,
California.
"...you guys [David Turch and Associates] make it easy to be welcoming because you
are great advocates for communities." a senor EPA official.
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 fiords 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 aland 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 `°Ihe 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 Corrntittee provides us with auni ue 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
Cotrunittee.
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 btu and bus
facilities, multi -nodal 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 .4 viation Administration, U.S. Department of Transportation
U.S. Congress
We worked with the City of Ontario, California in its campaign to regain control of the
Ontario International Airport from the City of Los Angeles/Los Angeles World
Airports. 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 congressin na I
field hearing, enlisting congressional support as well as securing the enactment of a
legislative provision amending federal law to allow 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 Chaimran Bill Shuster and Ranking Member Pete Defazio of the House
Transportation and Infrastructure Committee, Chairman John Thune and Ranking
Member Bill Nelson of the Senate Commerce, Science and Transportation Committee,
Senators Dianne Feinstein and Barbara Boxer, and assembled a bipartisan coalition of
members from the Souther California delegation including Representatives Ken
Calvert, an appropriations cardinal, and Grace Napolitano, a senior Democrat on the
T&I Conunittee.
Over a period of ten mordhs, we secured the introduction of stand-alone, communion
bills in each chamber of Congress, overcame 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 our provision in the Senate
Transportation Appropriations bill. Moreover, we enlisted the support of the House
Republican leadership team in moving our provision through the House. Enactment of
our legislative. fix allowed the airport transfer to take place on November 1, 2016.
FASTAct, US. 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 finding 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 fiords 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 pirchase of 97 fimll-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 Sottthem California, including the 1-10 and
Riverside Avenue Interchange, the I-15 and Base Line Road Interchange, and the
proposed SR -60 Potrero Boulevard Interchange. When previously eanivAed funds
were at risk of being rescinded for the Potrero Boulevard Interchange project ui the
summer of 2012, we worked with the City of Beaumont, the Department of
Transportation, and Caltrans to ensure that the fimtids 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 finding sources for the project, including Small Starts.
In order to expand federal finding options, Cay officials have also met with the
Department of Transportation's Office of Infrastructure Finance and Inruovation. In this
regard, we reviewed the possibility of securing fiords under the Transportation
Investment Generating Economic Recovery (TIGER) grant program and the
Transportation Infrastructure Finance and Innovation Act (T[FIA). On the local font,
Montclair has also applied for Cap and Trade finds. 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 lured up support from members from the Los Angeles and San Berardino
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 rad 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 54.5 million for the project. Beyond assisting the
City secure federal fiords for the project, we were more recently engaged in obtaining
congressional support in facilitating an agreement on the construction of 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 -lob 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 fiord 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 $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 SuperfirA Job Training Initiative (SuperM) program combines
extensive classroom instruction with hands-on training exercises for each participant.
SuperJT1 graduates have the technical skills to work on a broad range of construction,
environmental remediation, and cleanup projects at Superfiand sites. EPA offers
SuperM 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 Superfiaul, 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 hive 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 aga6st 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
Napoletano, and Gary Miller to secure both federal funding and legislative solutions on
the issue of perchlorate groundwater contamination in the Rialto-Cohon 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 finding -- $87 mullion -- 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 aPalmdale City advocacy trip to Washington,
DC prior to the NASA budget markup by the House Appropriations Commerce, Justice,
Science Subcommittee. The Palmdale delegation met with top NASA representatives
including the official in charge of handling fimding 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 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 and Barbara Boxer. 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 allowed NASA to continue to fully operate SOFIA. 'Ihe respective
House/Senate appropriations marks, moreover, ensured that the program was funded
through the end of 2015 fiscal year.
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 (MITA) 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 Couvnission (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 Steams 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 tomado 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 Amry Corps of Engineers, and when the County recently asked R)r
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.
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 Depamnent 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 enplanernents 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 acritical component ofthe 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 ir"tive 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 Arany 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.
Domestic Violence
David Torch and Associates helped the Steams 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 Steams 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 ofno-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.
REPORTING
We place great emphasis on comnanication. 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 immnediate 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 ofyour 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
goveming boards of our clients know us personally. We make frequent visits to your
area. We listen. We work bard to understand your current meds and your plans for the
firture. 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 detennine 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 connrence an educational carnpaign with members of the
California Congressional Delegation, the relevant House and Senate Committees, and
agency staff. This campaign includes anintroduction to the City, anexplanation of both
near and far term priorities, and resources far 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 finding 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
David Torch and Associates has the tight people. Our bipartisan firm has the
institutional and relational knowledge to expertly navigate Congress and the Executive
Branch. While our entre advocacy team works to promote and advance your federal
agenda, your day-to-day point of contact would be David Turch.
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 independent public relations funis, David achieved
substantial expertise in the development of successful government marketing strategies.
In August of 1987 he founded David Torch 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 die 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 die 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 lie 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 at international politics from Webster University and is agraduate of the Harvard
University, JFK School of Government, National Preparedness Leadership Institute.
Jamie Jones
Jamie Jones worked for twelve years in the U.S. House of Representatives. As a senior
level staffer for a member from Southern California, Jamie managed the legislative
operations of the office and worked closely with both the Republican and Democratic
leadership 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.
Kodiak Hill -Davis
Kodiak Hill -Davis brings experience in both the legislative and regulatory process. Ms.
Hill -Davis joined David Turch & Associates in 2007 atter 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. Ms. Hill -Davis earned
dual degrees in Political Science and History from Smith College and a J.D. from
George Mason University where she tbetsed 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 Mr. Bosch holds an advanced
degree in Comparative Politics 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 received a prestigious athletic
scholarship and was a member of the Division t Women's Soccer Team She also
earned a coveted nomination as a Women in Government Relations fellow and is a
Southern Calitbmia Native.
CLIENT REFERENCE
Lary Rubio,
Riverside Transit Authority
(951)565-5022
The Honorable John Miisch,
Mayor of Beverly H&, California
(310) 285-1013
jmvisch(),beverlyhi lls.org
Attachment C
August 9, 2022 Staff Report
David Turch & Associates
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: AUGUST 9, 2022
SUBJECT: FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH 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, with two one-year optional renewals. The initial
Agreement is set to expire in September 2022, and it is recommended that the City Council
exercise the optional renewal for a period of one year in an amount not to exceed $54,000
(Attachment A). This is the first amendment with DT&A, and all other terms and conditions set
forth in the original Agreement will remain in effect.
David Turch & Associates has been providing the City of Rosemead with federal legislative
advocacy services since 2017. DT&A provides comprehensive strategic planning for legislative
goal setting and federal grant opportunities, while serving as the City's advocate with its federal
delegation in Washington DC. Since the original contract, DT&A has assisted the City with the
following funding opportunities:
• Congresswoman Judy Chu Community Project Funding Requests
• American Rescue Plan Act (ARPA) Funding for Veterans' Affordable Housing
• Various Federal Grant Funding Opportunities
By exercising the one-year optional renewal. DT&A will continue to help the City identify, pursue,
and protect essential federal funding for City programs and services, including continued support
for City grant applications in support of the 2030 Strategic Plan. Further, DT&A will also work to
identify legislation that could impact the City and help voice the City's support or opposition to
emerging legislation, regulations, and policies in furtherance of the City's legislative agenda.
AGENDA ITEM 5.0
City Council Meeting
August 9, 2022
Page 2 of 2
STAFF RECOMMENDATION
It is recommended that the City Council approve, authorize, and direct the City Manager to execute
the First Amendment to the Professional Services Agreement with David Turch & Associates in
an amount not to exceed $54,000 for a period of one year.
FISCAL IMPACT
Sufficient funding is available in the Fiscal Year 2022/23 General Fund budget for legislative
advocacy services.
STRATEGIC PLAN IMPACT
Extending the Agreement with DT&A is consistent with Rosemead 2030 Strategic Plan goals as
follows:
• Safety — Explore grant funding to install additional cameras in parks and other public
facilities to help deter crime
• Safety — Explore grant opportunities and continue to work with the San Gabriel Council of
Governments (SGVCOG) and other regional partners to address homelessness.
• Infrastructure — Continue to seek grant and other funding opportunities for street
improvements and infrastructure enhancements.
• Parks and Programs — Continue to look for funding opportunities to expand parks and
facilities
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Michael Bruckner
Assistant City Manager
Attachment A: First Amendment with David Turch & Associates
FIRST AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT
(DAVID TORCH AND ASSOCIATES)
This FIRST AMENDMENT ("Amendment) is made and entered into this _ day
of 2022 ("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 East Valley Blvd., Rosemead, California 91770 ("City')
and David Turch and Associates with its principal place of business at 517 2nd Street,
Northeast, Washington DC, 20002 ("Contnackie). City and Contractor are sometimes
individually referred to herein as "Party" and collectively as "Parties."
WHEREAS City and Contractor entered into a three (3) year agreement on
September 24, 2019, for professional legislative advocacy services (the "Agreement); and
WHEREAS, this Agreement is set to expire on September 24, 2022; and
WHEREAS, the Agreement permits the City and the Contractor to mutually agree to
extend the term of the Agreement for up to two (2) one-year extensions; and
WHEREAS, City has requested Contractor to provide an additional year of professional
legislative advocacy services through September 24, 2023; and
WHEREAS, the Contractor has accepted the City's proposal for a one-year extension
with all other terms and conditions set forth in the original Agreement remaining in effecL
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.1.2'Terrn" shall be amended to read:
The term of this agreement is extended for a one (1) year period from the
Effective Date to the date of September 24, 2023, with the remaining option
for one (1) additional one (1) year extension 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 schedules and deadlines.
SECTION 2. All other terms, condition, and provisions of the Original Agreement not in
conflict with this Addendum, shall remain in full force and effect.
SECTION 3. The, City Chic shall certify to the adoption of oris Addendum and hereafter
the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed
by their duly authorized representatives as of the day and year first above written.
(SIGNATURES ON NEXT PAGE]
CITY OF ROSEMEAD
BY:
Ben Kim, City Manager
Attest
Cay Clerk
Rachel Richman, City Attorney
DAVID TURCH AND ASSOCIATES
Name: 'Dav/1 1vN- % r��1
Title: �ivrie r
(if Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary, AND CORPORATE SEAL
OF CONTRACTOR REQUIRED)
BY:
Name:
Title: