AGENDA REPORT
Meeting Date:
Item Number:
To:
From:
Subject:
June 6, 2023
Honorable Mayor & City Council
Cynthia Owens, Municipal Affairs Program Manager
A. AGREEMENT WITH DAVID N.M. TURCH DBA DAVID TURCH &
ASSOC. FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES;
AND
APPROVAL OF A FISCAL YEAR 2023-24 PURCHASE ORDER FOR
DAVID N.M. TURCH DBA DAVID TURCH & ASSOC. IN THE
AMOUNT OF $76,000.
B. AGREEMENT WITH SHAW YODER ANTWIH SCHMELZER &
LANGE, INC. FOR STATE LEGISLATIVE ADVOCACY SERVICES;
AND
APPROVAL OF A FISCAL YEAR 2023-24 PURCHASE ORDER FOR
SHAW YODER ANTWIH SCHMELZER & LANGE, INC. IN THE
AMOUNT OF $76,000
Attachments: 1. Agreement – David N.M. Turch DBA David Turch & Assoc.
2. Agreement – Shaw Yoder Antwih Schmelzer and Lange, Inc.
RECOMMENDATION
It is recommended the City Council:
1) Approve an Agreement with David N.M. Turch DBA David Turch & Assoc. for federal legislative advocacy services;
2) Approve a Fiscal Year 2023-2024 (“FY 23-24”) purchase order for David N.M.
Turch DBA David Turch & Assoc. in the amount of $76,000; 3) Approve an Agreement with Shaw Yoder Antwih Schmelzer & Lange, Inc. for state legislative advocacy services;
4) Approve a FY 23-24 purchase order for Shaw Yoder Antwih Schmelzer & Lange, Inc. in the amount of $76,000; and
E-12
,.
Meeting Date: June 6, 2023
5) Waive the bidding requirements per Beverly Hills Municipal Code 3-3-112 (G) for David N.M. Turch DBA David Turch & Assoc. and Shaw Yoder Antwih Schmelzer & Lange, Inc. as they provide professional services with a high degree of unique and specialized technical skill.
INTRODUCTION
The City of Beverly Hills primarily utilizes federal and state legislative advocacy services to secure clear and strategic initiatives in Washington, D.C. and Sacramento, California.
The agreements with the City’s current firms, David N.M. Turch & Assoc. (“David Turch”) for federal legislative advocacy and Shaw Yoder Antwih Schmelzer & Lange, Inc. (“SYASL”) for state legislative advocacy, will expire on June 30, 2023.
This item proposes the City Council approve a five-year agreement with David Turch for federal legislative advocacy services in Washington, D.C. and a five-year agreement with SYASL for state legislative advocacy services in Sacramento, California for promoting the City's legislative agenda and key initiatives. The annual not to exceed amount for each Agreement is $76,000 with a total not to exceed amount of $380,000 with each firm.
DISCUSSION
Federal Legislative Advocacy
The City’s current federal lobbyist, David Turch, was selected as the City’s lobbying firm in 2012 by a panel composed of City staff and Councilmembers who interviewed the finalist firms from a request for proposal (“RFP”). David Turch was awarded a one-year contract with verbiage in the agreement which allowed the contract to be extended for two, successive, one-year terms based on their performance. In 2015, they were awarded a similar contract, which was extended in 2016 and 2017.
In 2018, the City issued RFP 18-7 in accordance with the City’s procedures for procurement for federal legislative advocacy services. Staff notified eight different companies in Washington, D.C. which perform federal legislative advocacy services that the RFP had been issued. At the opening of the bid in the City Clerk’s Office, five firms had provided responses.
The five proposals were reviewed and discussed by the City Council Liaison / Legislative / Lobby Committee (then Vice Mayor Mirisch and then Councilmember Friedman) at the May 8, 2018, Legislative / Lobby Liaison Meeting. After considering the proposals, the Legislative / Lobby Liaisons recommended staff move forward with presenting an agreement with David Turch for federal legislative advocacy services to the City Council based on the firm’s experience; availability of their staff to discuss legislative matters with City Councilmembers and City staff as issues arise; and the overall satisfaction of the City utilizing this firm since 2012.
On June 5, 2018, the City Council awarded a three-year agreement with two additional one-year terms to David Turch at a cost of $75,000 per year for a total not to exceed amount of $375,000. This rate was a zero percent increase over their prior agreements dating back to 2012.
The City’s current agreement with David Turch expires on June 30, 2023. David Turch has over ten-years of experience representing Beverly Hills in Washington D.C.; assists with numerous federal issues including legislation, congressional discretionary spending, Meeting Date: June 6, 2023
grants, and coordinating trips in Washington, D.C.; resolving issues for the City’s residents that require the intervention of federally elected representatives; and are available to discuss legislative matters with City Councilmembers and City staff as issues arise at all times of the day.
Due to the overall satisfaction of using this firm since 2012, and the reasons stated above, staff is recommending the City Council consider granting a five-year agreement to David Turch at a cost of $76,000 per year for a total not to exceed amount of $380,000. The new annual amount represents the first increase for this agreement since 2012 and is a 1.3 percent increase to the total not to exceed amount when compared to all prior agreements. It should be noted that the prior agreement had a flat rate of $72,000 per year with $3,000 in contingency for travel. The contingency for travel is being removed from the fee and payment schedule as the travel costs will be absorbed within the $76,000 per year.
State Legislative Advocacy
SYASL has been the City’s state legislative lobbyist since 2009. In 2012, a RFP was issued and SYASL was selected as the City’s state legislative lobbying firm by a panel composed of City staff and Councilmembers who interviewed the finalist firms. SYASL was awarded a one-year contract in 2012 with verbiage in the agreement which allowed staff to extend the contract for two, successive, one-year terms based on their performance. In 2015, they were awarded a similar contract which was extended in 2016 and 2017.
In 2018, the City issued RFP 18-6 in accordance with City procedures for procurement for state legislative advocacy services. Staff notified eight companies in Sacramento that a RFP had been issued for state legislative advocacy services. At the opening of the bid in the City Clerk’s Office, two firms had provided responses.
The two proposals were reviewed and discussed by the City Council Liaison / Legislative / Lobby Committee (then Vice Mayor Mirisch and then Councilmember Friedman) at the May 8, 2018, Legislative / Lobby Liaison Meeting. After considering both proposals, the Legislative / Lobby Liaisons recommended staff move forward with presenting an agreement with SYASL to the City Council based on the firm’s experience, availability of their staff to discuss legislative matters with City Councilmembers and City staff as issues arise, and the overall satisfaction of the City utilizing this firm since 2009.
On June 5, 2018, the City Council awarded a three-year agreement with two additional one-year terms to SYASL at a cost of $75,000 per year for a total not to exceed amount of $375,000. This rate was a zero percent increase over the prior agreements, dating back to 2009.
The agreement with SYASL expires on June 30, 2023. SYASL has 14 years of experience representing Beverly Hills in Sacramento, CA.; assists with numerous state issues including legislation and coordinating trips in Sacramento, CA; works with the City to contact various state departments to work through issues such as the Secretary of State over election issues, the Public Health Department over issuing residential drug treatment facility licenses, and the Public Utilities Commission due to issues with local utility companies; and are available to discuss legislative matters with City Councilmembers and City staff as issues arise at all times of the day.
Meeting Date: June 6, 2023
Due to the overall satisfaction of using this firm, and the reasons stated above, staff is recommending the City Council Liaisons consider granting a five-year agreement to SYASL at a cost of $76,000 per year for a total not to exceed amount of $380,000. This is the first increase to this agreement since 2009 and represents a 1.3 percent increase to the total not to exceed amount. It should be noted that the prior agreement had a flat rate of $72,000 per year with $3,000 in contingency for travel. The contingency for travel is being removed from the fee and payment schedule as the travel costs will be absorbed within the $76,000 per year.
FISCAL IMPACT
Should the City Council adopt the proposed FY 23-24 budget, then funding is available in the Policy and Management, City Council Administration and Support budget for ongoing contractual services (48000101-731220) for these two agreements.
Gabriella Yap
Senior Policy & Management
Administrator, Public Safety
Approved By
Attachment 1
B0785-0001\2812722v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
DAVID N.M. TURCH DBA DAVID TURCH & ASSOC. FOR
FEDERAL LEGISLATIVE ADVOCACY SERVICES
NAME OF CONSULTANT: David N. M. Turch DBA David Turch & Assoc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: Jamie Jones, Senior Associate CONSULTANT’S ADDRESS: 517 2nd Street, Northeast
Washington, D.C. 20002
Attention: David Turch, Sole Proprietor
CONSULTANT’S E.I.N./TAX I.D. NO.: 54-0909352
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City
Manager
COMMENCEMENT DATE: July 1, 2023
TERMINATION DATE: June 30, 2028
CONSIDERATION: $76,000.00 Per Fiscal Year as more
particularly detailed in Exhibit B
Total Not to Exceed: $380,000.00
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
DAVID N.M. TURCH DBA DAVID TURCH & ASSOC. FOR
FEDERAL LEGISLATIVE ADVOCACY SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and David N. M. Turch DBA David Turch & Assoc., (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
3 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any property damage, personal injury, personal and advertising liability, personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
4 (2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
5 any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
6 Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. [Signatures follow]
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
7 EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
a Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR:
DAVID TURCH
Sole Proprietor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
____________
CYNTHIA L. OWENS
Municipal Affairs Program Manager
____________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E 8 B0785-0001\2812722v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:
1. Work with the City Council, the City Manager, and key staff to discuss legislative goals, objectives, opportunities and priorities.
2. Advocate CITY’s legislative position to the President of the United States, members of Congress, Federal Departments, and other interested parties.
3. Identify opportunities for elected officials and CITY officials to participate in the legislative process and make recommendations.
4. Work with CITY to identify and evaluate potential funding categories with annual budget or appropriation bills, and specific funding on grant opportunities.
5. CONSULTANT shall represent CITY before associations, committees, legislators and regulators, and also coordinate with the National League of Cities, U.S. Conference of Mayors and representatives of other cities and public agencies.
6. Support a positive relationship with the President of the United States, members of Congress, and key Federal Department staff.
7. Assist in establishing relations between Councilmembers/CITY staff and legislative persons, including Chairs of key committees and other important decision makers.
8. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by CITY. Support would include proactively searching for potential legislative vehicles relating to those topics and affecting the outcome of those proposals.
9. Research, provide information, and prepare reports/memo as requested by CITY on a variety of topics, including but not limited to:
a. Federal laws or proposed legislation,
b. Legislative hearings, reports and testimony,
c. Federal regulations/policies,
d. Federal funding opportunities for proposed CITY projects; and e. Technical memoranda or reports impacting CITY operations.
10. Provide updates on federal legislation that affects CITY’s adopted Legislative Platform.
Identify potential future legislative issues or opportunities that may interest the CITY and help to position CITY to benefit from new laws, programs or funding opportunities.
11. Provide CITY with copies of bills (introduced or amended) or proposals pertaining to issues of concern and/or interest to CITY, particularly those affecting or relating to CITY’s Legislative Program.
12. Track said legislation and provide CITY with advance notice of hearings or critical actions relating to those bills or issues.
13. Provide regular updates on the political landscape in Washington, D.C. to help provide context and identify opportunities and potential issues especially those that may be of interest to CITY or affect CITY operations. Minimally, provide monthly written reports of activities pursued or accomplished on behalf of CITY.
14. Coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as CITY. Where appropriate, advocate positions on legislation and work to secure language in the law that will advance CITY’s interests.
15. Provide “value added” services such as webinars, training resources, support with coordinating efforts with the US Conference of Mayors, etc.
16. Prepare briefing materials such as memos summarizing legislation.
17. Attend either virtually or in person Beverly Hills City Council Legislative / Lobby Liaison meetings to present bills and obtain direction from CITY on taking action on the state bills.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
9 18. Coordinate meetings with Federal Legislators and agency department leaders to provide CITY the opportunity to meet face-to-face with key decision-makers on pertinent CITY issues.
19. Provide meeting space and arrange appointments with legislators and agency officials for Councilmembers and CITY staff.
20. Draft letters of opposition/support on legislation or language for CITY resolutions as directed by CITY and provide to CITY for review, modification and approval.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E B0785-0001\2812722v2.doc
10 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall pay CONSULTANT Seventy-Six Thousand Dollars ($76,000.00) per fiscal year, which is payable in twelve (12) monthly installments as shown below, for a total not to exceed amount of Three Hundred Eighty Thousand Dollars ($380,000.00) for the term of this Agreement.
For each fiscal year of this Agreement, CITY shall pay CONSULTANT Six Thousand Three Hundred Thirty-Three Dollars ($6,333.00) for the months of July, August, September, October, November, December, January, February, March, April, and May and Six Thousand Three Hundred Thirty-Seven Dollars ($6,337.00) for the month of June.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, contain a summary of the legislative actions taken by CONSULTANT, and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E
EXHIBIT C
B0785-0001\2812722v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 724FB789-642A-4316-B151-2C137330831E Certificate Of Completion
Envelope Id: 724FB789642A4316B1512C137330831E Status: Sent Subject: Agreement for Federal Legislative Advocacy - David N M Turch and Assoc Source Envelope:
Document Pages: 11 Signatures: 4 Envelope Originator:
Certificate Pages: 3 Initials: 0 Cindy Owens
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
5/24/2023 3:08:11 PM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.235.180
Sent: 5/24/2023 3:15:57 PM
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Signed: 5/25/2023 5:57:34 PM
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David Turch
[email protected]
Owner
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Using IP Address: 73.201.113.254
Sent: 5/25/2023 5:57:37 PM
Resent: 5/30/2023 12:08:56 PM
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Signed: 5/31/2023 7:47:15 AM
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Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
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(None)
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Using IP Address: 198.245.189.166
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
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DocuSign·
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Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/31/2023 8:02:47 AM
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Nancy Hunt-Coffey
[email protected]
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Julian A. Gold, M.D.
[email protected]
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Huma Ahmed
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Jamie Jones
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Sent: 5/25/2023 5:57:37 PM
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Adrianne Tarazon
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Megan Grilley
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Attachment 2
B0785-0001\2811237v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
SHAW YODER ANTWIH SCHMELZER & LANGE, INC. FOR
STATE LEGISLATIVE ADVOCACY SERVICES
NAME OF CONSULTANT: Shaw Yoder Antwih Schmelzer & Lange, Inc.
RESPONSIBLE PRINCIPAL OF CONSULTANT: Andrew Antwih, President CONSULTANT’S ADDRESS: Shaw Yoder Antwih Schmelzer & Lange, Inc.
1415 L Street, Suite 1000
Sacramento, CA 95814
Attn: Andrew Antwih
CONSULTANT’S E.I.N./TAX I.D. NO.: 94-2703086
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City
Manager
COMMENCEMENT DATE: July 1, 2023
TERMINATION DATE: June 30, 2028
CONSIDERATION: $76,000.00 per Fiscal Year
Total Not to Exceed: $380,000.00
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
SHAW YODER ANTWIH SCHMELZER & LANGE, INC. FOR
STATE LEGISLATIVE ADVOCACY SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Shaw Yoder Antwih Schmelzer & Lange, Inc., (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
3 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
4 (2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
5 (i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
6 Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
7 EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
a Municipal Corporation
JULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR:
ANDREW ANTWIH
President
PAUL YODER
Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
____________
CYNTHIA L. OWENS
Municipal Affairs Program Manager
____________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 f11A,J.vw1 /l,,dwi~,
8 B0785-0001\2811237v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:
1. Work with the City Council, the City Manager, and key CITY staff to discuss legislative goals, objectives, opportunities and priorities.
2. Advocate CITY’s legislative position to members of the State Assembly, State Senate, the Executive Branch, other interested parties, and other parties and/or state agencies identified by CITY.
3. Identify opportunities for elected officials and CITY officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor’s staff.
4. Support a positive relationship with the Governor's office, state legislature, State Water Resources Control Board, California Department of Motor Vehicles, the California Department of Parks and Recreation, the Resources Agency, the California Department of Transportation, and/or other state agencies.
5. Assist in establishing relations between Councilmembers and/or CITY staff and legislative persons, including chairs and consultants of key committees and other important decision makers.
6. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by CITY. Support would include proactively searching for potential legislative vehicles relating to those topics and affecting the outcome of those proposals.
7. Research, provide information, and prepare reports/memo as requested by CITY on a variety of topics, including but not limited to:
a. State laws or proposed legislation
b. Legislative hearings, reports and testimony
c. State regulations/policies
d. State funding opportunities for proposed CITY projects e. Technical memoranda or reports impacting CITY operations
8. Provide an updated state legislative bill matrix on legislation of interest to CITY on a weekly basis or upon request by CITY. Bill matrix shall include current status of legislation, house and/or committee of where legislation is residing, summary of the bill, and CITY position on legislation.
9. Lobby for CITY’s position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the CITY’s position at these hearings.
10. Coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as CITY. Where appropriate, advocate positions on legislation and work to secure language in laws that will advance CITY’s interests.
11. Identify potential future legislative issues or opportunities that may interest CITY and help to position the CITY to benefit from new laws, programs or funding opportunities.
12. Provide CITY with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to CITY, particularly those affecting or relating to CITY’s Legislative Program.
13. Track said legislation and provide CITY with advance notice of hearings or critical actions relating to those bills or issues.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
9 14. Provide “value added” services such as webinars, grantsmanship symposia, training resources, etc.
15. Prepare briefing materials such as memoranda summarizing legislation.
16. Attend either virtually or in person Beverly Hills City Council Legislative Lobby Liaison meetings to present bills and obtain direction from CITY on taking action on the state bills.
17. Draft letters of the CITY’s official position on legislation as directed by CITY and provide to CITY for review and modification.
18. Coordinate meetings with State Legislators and agency department leaders to provide CITY the opportunity to meet face-to-face with key decision-makers on pertinent CITY issues.
19. Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues.
20. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974, as amended. Provide CITY with written notification of any changes or modifications that may be pertinent.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 B0785-0001\2811237v2.doc
10 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall pay CONSULTANT Seventy-Six Thousand Dollars ($76,000.00) per fiscal year, which is payable in twelve (12) monthly installments as shown below, for a total not to exceed of Three Hundred Eighty Thousand Dollars ($380,000.00) for the term of this Agreement.
For each fiscal year of this Agreement, CITY shall pay CONSULTANT Six Thousand Three Hundred Thirty-Three Dollars ($6,333.00) for the months of July, August, September, October, November, December, January, February, March, April, and May and Six Thousand Three Hundred Thirty-Seven Dollars ($6,337.00) for the month of June.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, contain a summary of the legislative actions taken by CONSULTANT, and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21
EXHIBIT C
B0785-0001\2811237v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: C19A8A73-F129-4402-AC2F-CEFB8D9E7C21 Certificate Of Completion
Envelope Id: C19A8A73F1294402AC2FCEFB8D9E7C21 Status: Sent Subject: State Lobbyist Agreement - Shaw Yoder Antwih Schmelzer and Lange - June 6 Council Meeting Source Envelope:
Document Pages: 11 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Cindy Owens
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
5/24/2023 11:49:57 AM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Deborah Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.62.172
Signed using mobile
Sent: 5/24/2023 12:00:38 PM
Viewed: 5/24/2023 12:19:47 PM
Signed: 5/24/2023 12:20:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Andrew Antwih
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.149.208.177
Sent: 5/24/2023 12:20:25 PM
Viewed: 5/24/2023 12:34:59 PM
Signed: 5/24/2023 12:36:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Paul Yoder
[email protected]
Managing Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 99.149.208.177
Sent: 5/24/2023 12:20:26 PM
Viewed: 5/24/2023 12:37:04 PM
Signed: 5/24/2023 12:37:14 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 5/24/2023 12:37:15 PM
Viewed: 5/24/2023 12:48:19 PM
Signed: 5/24/2023 12:48:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign·
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.195.202.145
Signed using mobile
Sent: 5/24/2023 12:37:15 PM
Viewed: 5/24/2023 12:52:15 PM
Signed: 5/24/2023 12:52:25 PM
Electronic Record and Signature Disclosure:
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Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/24/2023 12:52:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Envelope Sent Hashed/Encrypted 5/24/2023 12:00:38 PM
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