HomeMy WebLinkAboutContracts & Agreements_95-2016 AGREEMENT TO FURNISH FEDERAL LEGISLATIVE ADVOCACY SERVICES
This agreement for Federal Legislative Advocacy services ("Agreement") is made and
entered into this 17"' day of May, 2016, by and between the City of Redlands, a municipal
corporation ("City") and Innovative Federal Strategies, LLC ("Consultant"). City and
Consultant are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 Effective July 1, 2016, City hereby engages Consultant to perform Federal Legislative
Advocacy services ("the Services"). The Services include, but are not limited to,
assisting City to develop and organize a priority list of funding needs, identify potential
Federal funding opportunities that match City's funding needs; developing strategies to
achieve the identified priorities, concentrating first on opportunities with the greatest
chance for success; generating support for City's agenda among members of the
California Congressional delegation, key Congressional committees, and the Executive
Branch; developing and maintaining good working relationships between City and
Federal elected officials and agencies, through personal meetings, briefing papers,
testimony, letters, and direct communication with City officials; working with City staff
to prepare grant applications or requests as required by funding agencies; monitoring the
progress of applications and working on behalf of City to ensure approval; treating all
City staff with courtesy and in a professional manner; securing funding for City projects
through appropriations and providing follow-up support on competitive applications;
monitoring and providing analysis on all regulatory and legislative developments that
may affect the interests of City and working to enhance City's position by securing
timely information about policy and funding opportunities; reporting regularly (in
writing, no less than monthly) to designated City officials and staff on implementation of
City's agenda and on policy developments and opportunities; committing the time and
resources necessary to develop and implement a successful strategy for City including
coordinating trips to Washington, D.C. to meet with legislators and agency
representatives; preparing support materials and representing City in congressional
hearings in which funding requests of City are heard; and assisting City in obtaining one-
time funds.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of services.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations
in the performance of its obligations under this Agreement including, but not limited to,
the Americans with Disabilities Act and the Fair Employment and Housing Act.
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ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant public information in its possession that may
assist Consultant in performing the Services.
ARTICLE 3 - PAYMENT AND NOTICE
3.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Thirty Thousand Dollars ($30,000), including pre-approved travel expenses to
California. City shall pay Consultant Two Thousand Five Hundred Dollars ($2,500) a
month for the Services. Additionally, pre-approved travel expenses to California will be
billed separately, not to exceed One Thousand Dollars ($1,000).
3.2 Consultant shall submit monthly invoices to City describing the work performed during
the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses, if any. City shall pay
Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice, provided the Services reflected in the invoice were performed to the
reasonable satisfaction of City in accordance with the terms of this Agreement.
3.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City: N. Enrique Martinez
City Manager
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Consultant: Letitia H. White
Principal
Innovative Federal Strategies, LLC
511 C Street, NE
Washington, DC 20002
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ARTICLE 4 - INSURANCE AND INDEMNIFICATION
4.1 Insurance, Generally. All insurance required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until all required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and
endorsements evidencing such insurance prior to commencement of the Services.
4.2 Workers' Compensation and Employer's Liability. Consultant shall secure and maintain
Workers' Compensation and Employer's Liability insurance throughout the term of this
Agreement in accordance with the laws of the State of California, with an insurance
carrier acceptable to City.
4.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the term of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an additional
insured. Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
4.4 Business Auto Liability Insurance. Consultant shall secure and maintain business auto
liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage liability
throughout the term of this Agreement. This coverage shall include all Consultant owned
vehicles used in connection with ConsuItant's provision of the Services, hired and non-
owned vehicles, and employee non-ownership vehicles. Such insurance shall be primary
and non-contributing to any insurance or self insurance maintained by City. City shall be
named as an additional insured.
4.5 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold
harmless City and its elected officials, employees and agents from and against any and all
claims, losses or liability, including attorneys' fees, arising from injury or death to
persons or damage to property occasioned by Consultant's and its officers', employees'
and agents' sole negligent acts or sole negligent omissions in performing the Services.
ARTICLE 5 - CONFLICTS OF INTEREST
5.1 Consultant covenants and represents that it does not have any investment or interest in
real property which would be affected in any manner or degree by the performance of
Consultant's Services. Consultant further covenants and represents that in the
performance of its duties hereunder, no person having any such interest shall perform any
Services under this Agreement.
5.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
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A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially
all the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
5.3 In the event City determines that Consultant must disclose its financial interests by
completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests. Consultant shall file the Form 700 with the City Clerk's office
pursuant to the written instructions provided by the City Clerk,
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use
of in-house counsel by a Party.
6.2 Consultant shall not assign any of the Services to be performed under this Agreement,
except with the prior written approval of City and in strict compliance with the terms,
provisions and conditions of this Agreement.
6.3 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of, or on behalf of City.
6.4 This Agreement shall become effective on July 1, 2016. Unless earlier terminated, as
provided for below, this Agreement shall terminate on June 30, 2017.
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6.5 This Agreement may be terminated by either Party, in its sole discretion and without
cause, by providing sixty (60) business days prior written notice to the other Party
(delivered by certified mail, return receipt requested) of intent to terminate.
6.6 If this Agreement is terminated by City, an adjustment to Consultant's compensation
shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed
services, and (2) any payment due Consultant at the time of termination may be adjusted
to the extent of any additional costs to City occasioned by any default by Consultant.
6.7 Upon receipt of a termination notice, Consultant shall immediately discontinue all
services affected, and within five (5) business days of the date of the termination notice,
deliver or otherwise make available to City, copies (in both hard copy and electronic
form, where applicable) of any data, reports, estimates, summaries and such other
information and materials as may have been accumulated by Consultant in performing
the Services required by this Agreement. Consultant shall be compensated on a pro-rata
basis for work completed up until notice of termination.
6.8 This Agreement represents the entire agreement and understanding between the Parties as
to the matters contained herein, and any prior negotiations, written proposals or verbal
agreements relating to such matters are superseded by this Agreement. Any amendment
to this Agreement shall be in writing, approved by City and signed by City and
Consultant.
6.9 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant
have signed in confirmation of this Agree gent.
CITY OF REDLANDS INNOVATIVE FEDERAL
STRAIT' ' IES, LLC
A 601d
Paul W. Foster, Mayor tia It. Whfte, PtIM-cipal
Attest:
Sam lrwih-, Cit�Clerk
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