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6 AGREEMENT WITH CALIFORNIA PUBLIC POLICY GROUP, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR LEGISLATIVE ADVOCACY AND GRANT WRITING SERVICES
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CALIFORNIA PUBLIC POLICY GROUP, INC. (CPPG), a California Corporation (“CONSULTANT”), whose address is 1127 11TH Street, Suite 300, Sacramento, CA 95814.
RECITALS:
A. CITY desires certain legislative advocacy and grant writing services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these legislative advocacy and grant writing services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.
SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.
CONSULTANT represents that it is qualified to furnish the services described under this Agreement.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.
CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.
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6 CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.
SECTION 4 - TERM
The services to be performed under this Agreement shall commence on March 1, 2025 and be completed on February 28, 2026. The City Manager may authorize up to two (2) one-year extensions by the CITY, for a total maximum term of three (3) years.
SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $115,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference. Payment for each one-year option to extend will be up to $115,000 per year, for a total not to exceed of $345,000.
SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.
Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.
SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.
SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.
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6 SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.
SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.
SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.
SECTION 12 - INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.
SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.
SECTION 14 - RELIANCE UPON PROFESSIONAL
SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.
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6 SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.
SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.
SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
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6 SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.
SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: Alex Khojikian
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: California Public Policy Group, Inc. (CPPG) Attn: Dane Hutchings
1127 11th Street, Suite 300
Sacramento, CA 95814
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and CONSULTANT.
SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
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6 [SIGNATURE PAGE FOLLOWS]
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6 IN WITNESS WHEREOF, CITY OF SAN MATEO and CPPG, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Alex Khojikian
City Manager
Date Dane Hutchings
President and Secretary
If a Corporation, can be either 1)
President or 2) Vice President
plus an additional corporate
officer (i.e., Secretary, Treasurer)
who shall sign below.
Date
APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements
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6 EXHIBIT A
SCOPE OF SERVICES
Legislative Advocacy – Scope of Services
•State Legislative Engagement, Tracking, and Advocacy. CONSULTANT will track, review, analyze any introduced or amended legislation, and advocate on matters impacting airport operations, authority, and autonomy in the State Budget. CONSULTANT will assist in evaluating proposed legislation and identifying priorities based upon the potential impact on the CITY, and CONSULTANT will consult on and develop documents that include draft policy positions, budgetary letters, a customized priority legislative tracking matrix according to the CITY’s specifications, legislative and budget analysis, and background papers to ensure that CITY is kept informed and that the CITY’s perspective is heard by policymakers and stakeholders.
CONSULTANT will assist in the development, drafting, and sponsorship of State legislation and amendments needed to advance CITY goals and priorities. •Relationship Building. CONSULTANT will build on the CITY’s presence in Sacramento to develop robust ties with legislative leaders, the Administration, and key State agencies and staff.
CONSULTANT will continue fostering relationships within the Governor’s Office, HCD, DOF, Caltrans, CalSTA, CTC, and other departments with relevant programs and initiatives. As part of on-boarding, CONSULTANT will schedule one-on-one meetings with specified CITY staff to inventory their individual political relationships with state legislative and Administration officials.
•Federal Monitoring, Review, and Letter Writing. While CONSULTANT is not a registered Federal advocacy firm, CONSULTANT maintains close contact with clients’ Federal representatives, provide client-specific analysis of major Federal legislative packages, and as requested by the CITY, consult and advise in the drafting of letters, CIP requests, and other items. These activities ensure that the CITY are kept apprised of important Federal actions that impact the CITY.
•Participate and Advise in Annual Legislative Strategic Planning. CONSULTANT understands the importance that establishing a proactive strategy plays in the CITY’s overall success. Through a series of “deep dive” meetings, CONSULTANT will work with CITY staff and leadership to discuss and identify who to include internally in discussions to determine goals, objectives, opportunities, and challenges related to the CITY’s priorities. This information will be used to develop an annual and multi-year legislative strategic plan that reflects the CITY’s unique organizational needs.
•Representation. CONSULTANT will represent the CITY at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments and testimony and provide the CITY with a consistent presence in the state Capitol. •Frequent, Consistent Communication. CONSULTANT will deliver monthly policy status reports and detailed recaps in addition to supplemental materials during key legislative milestones (e.g., budget process memos, bill introduction deadlines, end of session etc.). Additionally, Professional Services Page 9 of 13
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6 CONSULTANT will conduct monthly Zoom check-ins with CITY staff, increasing frequency upon request during legislative sessions, supported by an updated legislative matrix. These meetings will facilitate in-depth discussions on legislation and the latest developments. •Educational Tour. CONSULTANT will conduct an educational tour in the Capitol to drive awareness on the issues of greatest importance to the CITY based on the CITY’s legislative priorities. This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2025-2026 legislative session and beyond. •Targeted Engagement with Statewide Local Government Association and Local Agency Partners. CONSULTANT has proven working relationships with the League of California Cities, California, California State Association of Counties, Rural Counties Representatives of California, Urban Counties of California, California Municipal Utilities Association, Association of California Water Agencies, California Special Districts Association, and other statewide local government advocacy organizations. These relationships will ensure that CONSULTANT can effectively communicate the CITY’s policy positions to CONSULTANT’s partners in these associations and agencies — and, when appropriate, incorporate a blended strategy — to achieve success on all matters of import to the CITY.
•FPPC. CONSULTANT will file all required forms on behalf of the CITY, including but not limited to, forms 602 (annual Lobbying Firm Activity Authorization) and 635 (Report of Lobbyist Employer).
Grant Writing – Scope of Services
•Proposal Development: CONSULTANT will provide grant writing and proposal development services from start to finish of the proposal development process. This includes preparing funding abstracts, project narratives, and the required forms and attachments. The grant writer will convene a kickoff meeting for each project and outline expectations for all staff involved in preparing the application. Optimizing the CITY’S use of resources and staff time is an overarching priority for CONSULTANT. CONSULTANT will develop a strategic work plan for the development of each proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
•Collaborative Approach: CONSULTANT utilizes a collaborative grant writing process to compile highly competitive proposals. CONSULTANT will use cloud-based document-sharing services to enable real-time feedback from the CITY throughout the proposal development process. When there is an active project, the CONSULTANT’s assigned grant writer will schedule weekly/bi- weekly calls to provide a consistent check-in point.
•Quality Control: Prior to submitting a grant application, the CONSULTANT’s grant writer will review the contents of the narrative and each attachment, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.
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6 •Funding Advocacy: CONSULTANT’s grant writers work in partnership with the CONSULTANT’s Sacramento lobbying team to schedule meetings with state departments to promote awareness of priority projects. CONSULTANT will also notify legislators about grant applications in their districts and request letters of support to include with grant applications. •Progress Monitoring and Grant Tracking: CONSULTANT’s team will provide monthly Grant Activity Reports that identify grant applications in progress, funding opportunities being tracked by CONSULTANT’s team on behalf of the CITY, and the outcomes (awarded/pending/rejected) of submitted grant applications. Tracking lists are organized based on identified focus areas and aligned to the CITY’s priority projects. Each CITY’s tracking list is reviewed monthly for updates, and mid-month grant releases are flagged based on the customized tracking list. •Funding Opportunity Research: CONSULTANT conducts continual and comprehensive research to keep clients informed of upcoming grant opportunities. Proactively identifying funding priorities allows staff and consultants to focus grant-seeking efforts in a way that supports the client’s long-term strategic goals and helps strategically align grant-seeking activities with council-approved priorities. CONSULTANT’S clients receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs administered by federal, state, and regional agencies.
•Monitoring the State Budget: CONSULTANT’s Director of Grant Services works directly with legislative advocates who provide updates and analysis on the state budget and relevant bills, allowing the Grant Services Team to proactively identify upcoming opportunities, the creation of new grant programs, and changes to existing grant programs. •Strategic Planning: CONSULTANT works directly with organizational leadership teams to identify funding and service gaps to inform grant-seeking activities. CONSULTANT will schedule “deep dive” meetings with departments within the CITY’s organization as part of the onboarding process to focus on key priorities and use CITY’s priorities to drive research and grant tracking efforts.
•Grant Readiness: CONSULTANT will support the client’s efforts to proactively identify priority projects and triage potential grant opportunities to support these projects. As part of this effort, CONSULTANT will vet projects for competitive viability to support the development of strong grant applications.
•Peer Review: CONSULTANT are is available to provide peer review for grant applications prepared by the CITY staff.
•Organizational Support: Upon request, CONSULTANT will work with CITY staff to assess areas for improvement in the CITY’s grant-seeking efforts, assess past performance, and support the implementation of best practices to support successful efforts. CONSULTANT will also work with CITY to develop an Interdepartmental Grants Team. This model is intended to bring together the main points of contact in key departments for consistent communication and sharing of upcoming opportunities.
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6 EXHIBIT B
FEE RATES
Monthly flat fee service agreement in the amount of $9,583.00 with an annual not-to-exceed amount of $115,000.00 for services outlined in Exhibit A. This pricing includes all work performed by CONSULTANT primary staff, advisors, and operational/administrative support and also includes all costs associated with the quarterly filings required by the Fair Political Practices Commission.
Services will be invoiced on a monthly basis.
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6 EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
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6 Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.
CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.