1 PROFESSIONAL CONSULTANT SERVICES AGREEMENT
THORN RUN PARTNERS, LLC
Federal Advocacy Services (RFP No. 2151)
THIS PROFESSIONAL CONSULTANT SERV ICES AGREEMENT (“Agreement”) is made and entered into this ______ day of _________________, 2022 (“Effective Date”), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation (“City”), and THORN RUN PARTNERS, LLC, a District of Columbia limited liability company (“Consultant”).
1. Scope of Services . City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more pa rticularly described in Exhibit “A,” “Scope of Services” (“Services”), attached hereto and incorporated herein by reference, in conjunction with Federal Advocacy Services (RFP No. 2151) (“Project”).
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect until December 31, 2024, unless otherwise terminated pursuant to the provisions herein, with the option to extend for three (3) additional one-year terms not to exceed six (6) years.
3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the annual amount of Ninety-One Thousand Two Hundred Dollars ($91,200) for a total sum not to exceed Two Hundred Twenty-Eight Thousand Dollars ($228,000), payable in accordance with the terms set forth in Exhibit “B.” The cost for the three optional one-year terms shall not exceed Ninety-One Thousand Two Hundred Dollars ($91,200) annually. Said payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage pr epaid, addressed to the party to be served as follows:
To City
City Manager’s Office
City of Riverside
Attn: Chekesha Gilliam
3900 Main Street
Riverside, CA 92522
To Consultant
Thorn Run Partners, LLC
Attn: Greg Burns
100 M Street SE, Suite 750
Washington, DC 20003
2 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside.
The Director’s determination is available on-line at
www.dir.ca.gov/dlsr/DPreWageDetermination.htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant’s profession practicing in the Metro politan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. Th e key personnel listed in Exhi bit “C” attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutua lly agreed by the parties in writing, or caused by hardship or resignation in which case substitu tes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assi gnment shall be made unless th e assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without li mitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant’s employees, subcontractors and agents , shall act in an independent capacity as independent contractors, and not as officers or employees of the Ci ty of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Consultant, or to Consultant’s employees, subcontractors and agents. Consulta nt, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 3 11. Indemnification.
11.1 Design Professional Defined . For purposes of this Agreement, “Design Professional” includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a profes sional land surveyor pursuant to Chapter 15 (commencing with Sec tion 8700) of Division 3 of the Business and Professions Code, a nd a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council members (collectively the “Parties to be Defended”) from and against any and all claims, allegations, lawsuits, ar bitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant’s professional negligence based on the percentage of Consultant’s liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect and hold harmless the City and the City’s employees, officers, managers, agents, and Council Members (“Indemnified Parties”) from and against any and all claim for damage, charge, lawsuit, action, judicial, admi nistrative, regulatory or arbitration proceeding, damage, cost, expense (including co unsel and expert fees), judgmen t, civil fines and penalties, 4 liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability .
Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council members (collectively the “Parties to be Defended”) from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whethe r or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury.
Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitra tion proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12.1 General Provisions . Prior to the City’s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and co verages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a design ee, unless such modification is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant’s indemnification obligations under Section 11 hereof.
5 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancellation has been gi ven to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, em ployees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consu ltant believes that any required insurance coverage is inadequate, Consultant w ill obtain such additional insurance coverage as Consultant deems adequate, at Consultant’s sole expense.
12.2 Workers’ Compensation Insurance . By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by Ca lifornia law to protect said Consultant from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Consultant shall file with City either 1) a certificat e of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability in surance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant.
The City, and its officers, employees and agents, shall be na med as additional insureds under the Consultant’s insurance policies.
12.3.1 Consultant’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-compl eted operations liability, indepe ndent contractor’s liability, personal injury liability, and contractual liabi lity) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant’s automo bile and/or commerci al general liability 6 insurance policies shall cover all vehicles used in connection with Consultant’s performance of this Agreement, which vehicles sha ll include, but are not limited t o, Consultant owned vehicles, Consultant leased vehicles, Consultant’s employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive any righ t of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to th e City and Endorsement No. CG 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance . Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant’s activities.
12.5 Subcontractors’ Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors’ scope of work a nd activities provided in furtherance of this Agreement, including, but withou t limitation, th e following coverages: Workers Compensation, Commercial General Liability, Errors and Omi ssions, and Automobile liability. Upon City’s request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section.
7 13. Business Tax . Consultant understands that th e Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence . Time is of the essence for each and every provision of this Agreement.
15. City’s Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. If the City is required to employ another consultant to complete Consultant’s work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, docu ments, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program da ta, input record data , written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, exce pt as otherwise direct ed by City’s Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the rela ted industry shall be deemed confidential.
Consultant shall not use City’s name or insigni a, photographs of the Pr oject, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents . All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City.
Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in th e establishment, preservation and enforcement of its copyright in such work, such a ssistance to be provided at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, in cluding without limitation any and all rights of identification of authorship and any and all rights of approval, re striction or limitation on use or subsequent modifications.
8 20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit “C,” represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit “C” have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City sh all have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage , brokerage or commissi on fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affe ct the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to co mply with all applicable laws, ordinances and regulations. Consul tant represents and warrants that Consultant has obtained all necessary licenses to perfo rm the Scope of Services and that such license s are in good standing.
Consultant further represents an d warrants that the services provi ded herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such acti on or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant’s services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant’s final written statement of the amount of Consultant’s services as of the date of su ch termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City’s rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days’ prior written notice prior to termination.
9 25.2 City may terminate this Agreement upon fifteen (15) days’ written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns . This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney’s fees and costs.
29. Nondiscrimination. During Consultant’s performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression , or sexual orientation, military and veteran
status, in the selection and re tention of employees and subcont ractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be consider ed severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provisi on or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
10 31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contempor aneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In the event of a conflict between th e body of this Agreement and Exhibit “A” - Scope of Services hereto, the terms contained in Exhibit “A” shall be controlling.
34. Digital Signatures. This Agreement may be signed by the Parties hereto in digital format in compliance with Government Code 16.5 and Code of Regulations Cal. Code Regs. Title 2 § 22000, et seq., and that any electronic si gnatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
35. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit “A” - Scope of Services
Exhibit “B” - Compensation
Exhibit “C” - Key Personnel
11 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California
charter city and municip
al corporation
By: _____________________________
City Manager
Attest:
City Clerk
THORN RUN PARTNERS, LLC,
a District of Columbia limited liability company
By: ________________________________
[Printed Name]
[Title]
Certified as to Availability of Funds:
By:
Chief Financial Officer
Approved as to Form:
By:
Assistant City Attorney
By: ________________________________
[Printed Name]
[Title]
\\Rc-citylaw\cycom\WPDOCS\D011\P033
\00651841.DOC 22-0779 SDW 6/2/22
Rev. 06/13/22 RK
Greg Burns (Jun 16, 2022 20:08 EDT)
Greg Burns
Greg Burns
Partner
Susan Wilson (Jun 22, 2022 16:46 PDT)
Susan Wilson
EXHIBIT "A"
SCOPE OF SERVICES
The Company selected shall be responsible for the following tasks:
Monitoring - Consultant shall serve as a reliable and consistent conduit of information to and from the congressional delegation, other members of Congress, congressional committees, congressional staff, and federal agencies; monitor and provide regular reports, both orally and in writing, on current legislation, the federal budget process, or any congressional events that may directly or indirectly impact the City. Firm should work closely with the city council or city manager to assist in developing the City's legislative priorities and identifying current needs.
Frequent contact should be made with Members of Congress and staff, as well as Committee and federal agency staff on matters concerning the development of future legislation and regulations impacting the City of Riverside. Said contact shall keep policy makers aware of the potential effect of specific legislation and regulations relative to the City of Riverside's interests.
Bill Tracking Service - Firm should obtain and monitor all bills, resolutions, files, journals, histories, etc. As such, copies of all bills and amendments that are determined to have an impact on the legislative and regulatory interests of the agency should be forwarded to the City of Riverside.
Regular Bill List - Once legislative positions are established by the City, required actions should be logged into the Consultant's computer bill tracking system and updated on a regular basis.
Legislative Advocacy - The City of Riverside's position on key House and Senate action shall be transmitted to Members of Congress and staff, as well as Committee and federal agencies (as appropriate) and other interest groups. This should be accomplished through personal discussions with congressional delegation, committee consultants and agency representatives, direct lobbying of legislators, meeting with federal agencies and other interest groups represented at the Congressional level, testifying at appropriate congressional policy and fiscal committees and agency hearings, orchestrating statements of legislators before the House/Senate, prepare and send letters notifying appropriate officials and agencies of the City of Riverside's position and drafting announcements. Design and implement a strategy, in consultation with City of Riverside staff that raises the consciousness and awareness of issues relating to the City of Riverside with congressional leaders and broadens and improves direct communication of City officials with the House and Senate Leadership.
Coordination of Legislative/Regulatory Efforts - Contractor will work with the City of Riverside in the coordination of a legislative/regulatory program, which includes the development of legislative/regulatory positions and platforms as well as drafting proposed legislation when appropriate. The firm should strive to coordinate the City's perspective with other associates as appropriate. Design and implement a strategy, in consultation with City of Riverside staff that raises the consciousness and awareness of issues relating to the City of Riverside with
congressional leaders and broadens and improves direct communication of City officials with the House and Senate leadership.
Special Projects Facilitation - Contractor should be a special project facilitator for the City of Riverside before federal agencies on funding matters and to develop project guidelines, policy and resolution statements. Assist the City of Riverside with strategic communication or crisis response, if needed, relative to the City's federal affairs activities.
Establish an Active Presence - Contractor should actively establish a strong identity and presence in Washington, DC on behalf of the City of Riverside. This effort should be reinforced by day-to-day involvement in the political, regulatory, and congressional actions on behalf of this organization. Additionally, on-site visits to the City of Riverside shall be made upon reasonable notice and request to Consultant along with a presentation to the City Council and to confer with City officials regarding federal issues as requested. Federal Budget Issues - Focus efforts of supporting the City's appropriations requests and legislative objectives during the final phases of Congressional action on spending and authorization legislation, including coordinating additional meetings with relevant Members of Congress or staff in support of the City's federal objectives (as appropriate).
Grants
• Actively identify federal programs that provide funding and grant opportunities in support of City projects and services.
• Provide assistance in structuring and presenting applications, monitor and expedite applications, and create and implement strategies designed to mobilize various political assets in service of positive responses to the City's applications for funding. • Advocate for actions that provide the City greater flexibility to administer grant funding opportunities.
• Advocate for actions and funding criteria that would allow the City to successfully compete for its fair share of funding, including pass-through formula-based allocations and competitive grants.
• Advocate for legislative and budget actions that provide stable and dedicated funding sources to maximize and better leverage limited City resources.
General Services
• Prepare briefing materials and arrange appointments for City officials and staff in furtherance of the City's Federal advocacy program.
• Actively participate in appropriate federal coalitions and working groups that help further the interests and legislative priorities of the City. • Respond to City inquiries and/or requests in 24 hours or less (unless otherwise requested).
• Work with the City's Intergovernmental Relations Officer to prepare and submit agenda items recommending positions regarding pending Federal legislation. Attend City Council meetings as needed to discuss high profile issues. • Fulfill Federal registration and reporting requirements on behalf of the City.
Legislative Agenda (Platform)
• With the assistance of the City's Intergovernmental Relations Officer, develop specific goals and objectives for the City's Federal advocacy agenda and the strategies necessary for their accomplishment.
• Travel to the City to meet with the Mayor, City Councilmembers, City Manager and Department Directors to identify potential issues for inclusion in the City's annual legislative platform.
• Assist the City's Intergovernmental Relations Officer with the annual compilation and presentation of the Federal Legislative Agenda.
Budget
• Monitor and report to the City's Intergovernmental Relations Officer on the Federal Budget process and assess its impact on City revenues and programs.
Liaison
• Serve as a liaison between the City and the City's legislative delegation in Washington D.C. and provide assistance to the delegation in any matter that furthers the objectives of the City's Federal Legislative Agenda.
Legislation
• In consultation with the City's Intergovernmental Relations Officer, represent the City in legislative committee hearings by providing testimony and written letters to elected officials and committee staff. In addition, assist City staff in preparing and presenting authorized testimony on legislation Washington D.C.
• Monitor all introduced and amended versions of pending legislation for potential interest to, or impact on, the City.
• Coordinate the introduction of all City sponsored legislation and take all necessary actions to advocate for enactment, passage, and signing into law.
Communications
• Participate in a bi-monthly telephone call, and as urgent matters arise, with the City's Intergovernmental Relations Officer.
Reports
• The Contractor shall submit a report on a quarterly basis that describes the work completed by the Contractor on behalf of the City.
o The report needs to:
1) Identify the issues/legislation for which the Contractor advocated on behalf of the City;
2) Outline the advocacy effort undertaken by the Contractor to achieve the desired outcome(s);
3) Identify the result of the advocacy effort undertaken by the Contractor; 4) Provide an update on the ongoing advocacy effort related to issues/legislation of importance to the City;
5) Provide an update on pending issues/legislation that may affect the City; 6) List all meetings and purpose of said meetings attended by the Contractor on behalf of the City;
7) List all grant opportunities communicated to the City; and 8) Outline any emerging issue/legislation that could impact the City in the future. • The report shall be submitted to the City's Intergovernmental Relations Officer in a format agreed upon between the City and Contractor.
• In consultation with the City's Intergovernmental Relations Officer, the Contractor shall prepare and present a report to the City Council at the conclusion of each legislative session that summarizes the Contractor's advocacy effort on behalf of the City. The presentation shall be in person at a public meeting of the Riverside City Council.
EXHIBIT “B”
COMPENSATION
Consultant shall perform the Services under this Agreement for the annual amount of Ninety- One Thousand Two Hundred Dollars ($91,200) for a total sum not to exceed Two Hundred Twenty-Eight Thousand Dollars ($228,000). The cost for the three optional one-year terms shall not exceed Ninety-One Thousand Two Hundred Dollars ($91,200) annually.
EXHIBIT “C”
KEY PERSONNEL
Greg Burns, Partner
Jim Davenport, Partner
Paul Schlesinger, Partner
Ethan Weil, Legislative Analyst