Agenda Item No. 14
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Raymond A. Casey, City Manager
Shane Massoud, Public Information Officer/Grant Coordinator FOR: �S rity Council Meeting of April 25, 2022
SUBJECT: Agreement with Innovative Federal Strategies, LLC RECOMMENDATION:
That City Council:
1.) Review and authorize the City Manager to execute an agreement with Innovative Federal Strategies, LLC for federal lobbying services in the draft FY 2022/2023 General Fund Budget not to exceed the amount of $66,500 for the period between May 1, 2022, through June 31, 2023; and
2.) Direct staff to include the funding for this recommendation in the draft FY 2022/2023 General Fund Budget.
BACKGROUND:
With the recent passage of the $1 trillion Infrastructure Bill, the reinstatement of Community Project Funding Requests (formally known as earmarks), the non-stop policy activities on Capitol Hill as well as the influx of federal funding made available to local municipalities through federal agencies through competitive grants processes; City Staff believes that continuing to enlist the support of a federal lobbyist is critical in order to leverage the firm's resources in an effort to ensure the City of Yucaipa can optimize any future Federal opportunities.
A federal lobbying firm is a critical resource that provides access to their well -established relationships with key staff members, management and/or executive leadership throughout the Federal Government. These relationships can better serve the City of Yucaipa when engaging with these departments, committees and/or agencies on various topics such as grant funding, policies and procedures as well as providing clarification on rules and regulations. A federal lobbying firm also gives the City the ability to engage with both sides of the aisle more directly, as a result, creating an avenue for the City to communicate more broadly with the entire legislative body regarding bills that can either positively or negatively impact the region or the community. A federal lobbying firm can also provide an opportunity for the City to have a greater sphere of influence as it relates to policy, funding possibilities, a competitive edge against other cities as well as a greater understanding of the legislative process.
5[!
DISCUSSION:
City Staff is recommending that City Council review and authorize the City Manager to execute a contract with Innovative Federal Strategies, LLC (IFS) for their federal lobbying services.
IFS works with their clients to understand their objectives and to develop appropriate, well -tailored strategies for working with the federal government. This can include developing and executing a Congressional relations strategy, which may involve the following: developing, strengthening or expanding relations between their clients and Members of Congress; identifying key decision - makers in Congress on items of interest; providing timely tactical information on Congressional processes, schedules, and actions by Members of Congress or Congressional Committees; providing information on the activities of federal agencies; providing research and advice on legislative, policy, or business issues; facilitating communications with other companies and non- federal organizations; identifying business opportunities in the federal government for our local businesses; assisting in drafting legislation or legislative proposals and development and preparation of correspondence, briefings, and other written materials; providing advice on federal budgeting or contracting issues; and ensuring strict adherence to all federal lobbying disclosure policies and procedures.
IFS has a solid reputation for successfully representing diverse clients and campaigns. IFS has more then 150 years of combined federal experience and has been recognized by external publications as one of Washington's top lobbying firms.
IFS has been a tremendous resource and asset for the City and City staff. IFS has not only provided staff with weekly legislative updates regarding policy activities on Capitol Hill, IFS has played a significant role in notifying staff of federal grant opportunities. In addition, IFS has helped the City elevate its engagement with our federal elected delegation. IFS has well -established and personal relationships with the offices of Congressman Obemolte, Senator Feinstein and Senator Padilla.
The firm has already helped the City secure $1 million in federal funding for the Wilson III Basin Project this year. Additionally, IFS is actively working to secure $2.5 million in federal funding for the next phase of the Wildwood Canyon Road Interchange Project (PS&E phase) as well as a $3 million federal funding request in collaboration with the County of San Bernardino for the new joint library project. Their team has also facilitated a community project tour with Senator Feinstein's office, giving staff an opportunity to describe and discuss our community's needs as well as visit some of great projects taking place in our City.
City Staff believes that Innovative Federal Strategies, LLC is the lobbying firm that best meets the needs of the City of Yucaipa. Staff is confident that their experience and expertise in Washington DC will continue to positively benefit the City of Yucaipa.
FISCAL IMPACT:
City shall pay Innovative Federal Strategies $4,750.00 per month as compensation for IFS's federal lobbying services.
Attachments: Professional Services Agreement with Innovative Federal Strategies Scope of Work
ROO
CITY OF
PROFESSIONAL SERVICES AGREEMENT
9 FOR INNOVATIVE FEDERAL STRATEGIESS, LLC
This Professional Services Agreement ("Agreement") is made and entered into the 1st day of May 2022, by and between the City of Yucaipa, a municipal corporation, ("City"), and Innovative Federal Strategies, LLC. ("Consultant").
RECITALS
A. The City has an immediate need for federal lobbying services for the purpose of representing the City's interest to the appropriate elected representatives, key staff members, federal agencies, and other individuals as needed in Washington, D.C. The Consultant has the professional competence, experience, and qualifications to provide professional federal lobbying services required by the City; and the City desires to retain the Consultant to provide said services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education. and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Term of Agreement
The term of this Agreement shall commence on May 1, 2022 and shall continue through June 31, 2023 in effect until the conclusion of the project unless sooner terminated as provided in Section 13 of this Agreement. The City may, upon mutual agreement, extend the contract.
2. Compensation
A. Compensation. City shall pay Consultant $4,750.00 per month as compensation for Consultant's federal lobbying services as described in Section 3. Consultant will provide Client with a written invoice. Client agrees to pay invoice within 30 (thirty) days of receipt.
B. Invoices. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. If the City approves the invoice, then payment shall be made within thirty days of the City' s approval.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant's performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Agreement for Consultant Services, Innovative Federal Strategies
-200-
Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties.
3. Consultant's Services
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
During the term of this Agreement, Consultant shall provide the City as follows:
a) Meet collaboratively with the City immediately upon commencement of our relationship and regularly thereafter to develop legislative initiatives and the associated Congressional engagement strategy for fiscal year 2023/2024, to include initiating, developing, maintaining, strengthening, and expanding relations between the City and targeted Members of Congress and their office staff, and with Professional Staff Members on key Congressional committees; and
i. Facilitate meetings with Members of Congress, their staff and Professional Staff Members to advocate for City priorities; and
ii. Develop Congressional Subcommittee, Committee, and Floor strategies and tactics to address and advocate for City priority programs and legislation; and
iii. Track in real-time amendments to pertinent legislation offered by Members of Congress to identify issues of concern to the City and work with Congressional supporters to obtain favorable outcomes to any legislative efforts that the City deems merit action; and
iv. Draft and edit briefings, issue papers, technical amendments, testimony, other Congressional correspondence, and appropriations/authorization office and committee request forms as needed; and
v. Develop questions for use by Members of Congress at hearings with federal agency witnesses on topics of interest to the City,
b) Support Robust Engagement Across the Federal Ecosystem i. Collaboratively execute the City's Executive Branch engagement strategy, to include initiating, developing, maintaining, strengthening, and expanding relations with key Executive Branch officials in Departments and Agencies where the City has interests and equities; and
ii. Perform research and provide insight on salient federal requirements; programs, processes, and legislative histories; and federal contracting, budget, and policy issues that could affect the City's areas of interest.
Agreement for Consultant Services, Innovative Federal Strategies Page 2 -201-
c) Tracking Relevant Legislation and Emerging Policy Initiatives i. Meet regularly to become and remain intimately familiar with priorities and the breadth of policies and issues of interest to the City; and d) Perform research on salient federal requirements, programs, processes, and legislative histories; and
e) Track and report on legislation that affects programs or funding in areas of interest to the City including but not limited to:
a. Legislation related to the authorization or reauthorization of transportation and infrastructure legislation; and
b. The twelve annual appropriations bills with specific focus on funding for Community Project Funding.
f) Provide real-time situational awareness into the complex evolving current year budget environment to include passage of fiscal year 2023/2024 appropriations bills; and Continuing Resolutions; and
g) Provide timely information on fiscal year 2023/2024 Congressional processes, schedules, and content; Member office and Committee appropriations and authorization request deadlines; Congressional hearing schedules, topics, and witnesses; Subcommittee and full Committee legislation mark-ups, subsequent floor debate and amendments; and conferences between the House and Senate; and review committee hearing transcripts and other proceedings for relevant information of interest to the City.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement the Consultant Representative shall be Letitia White, Innovative Federal Strategies, LLC. (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's services under this Agreement.
Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All services required under this Agreement Agreement for Consultant Services, Innovative Federal Strategies
-202-
shall be performed by Consultant, and all personnel engaged in the work shall be qualified to perform such services.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
G. 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.
H. Audit of Records. -Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
I. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of- pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice.
J. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties, or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above.
4. Ownership of Documents.
Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed ("written products") pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
5. Independent Contractor
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall have no Agreement for Consultant Services, Innovative Federal Strategies Page 4 -203-
power to incur any debt. obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
6. Confidentiality.
All data, documents discussion, or other information (collectively "data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential.
Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City' s prior written consent. City shall grant such consent if disclosure is legally required.
Consultant shall return all data to City upon the expiration or termination of this Agreement.
Consultant's covenant under this Section 6 shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest.
Consultant and its officers. employees, associates, and subcontractors: if any. shall comply with all conflict -of -interest statutes of the State of California applicable to Consultant's services under this Agreement, including the Political Reform Act {Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would create a conflict of interest. Consultant shall incorporate a clause substantially similar to this Section 7 into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification.
A. Indemnities for Third Party Claims.
I . To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities" in law or equity, whether actual, alleged or threatened) which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Agreement for Consultant Services, Innovative Federal Strategies Page 5 -204-
Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and expert's costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 8 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers' Compensation Acts Not Limiting. Consultant's indemnifications and obligations under this Section 8, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents employees and volunteers.
C. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities Agreement for Consultant Services, Innovative Federal Strategies Page 6 -205-
in this Section 8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability tax assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section 8 shall survive the expiration or termination of this Agreement.
9. Insurance
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance 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. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Agreement for Consultant Services, Innovative Federal Strategies Page 7 -206-
B. Other Insurance Provisions. The insurance policies are to contain. or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds 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, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
C. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
D. Notice of Cancellation. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
E. Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
F. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
G. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
H. Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by Agreement for Consultant Services, Innovative Federal Strategies Page 8 -207-
these specifications, at any time.
I. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the -nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Mutual -Cooperation
A. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against the City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Drafts
Consultant shall, prior to release of any documents to the public, provide confidential preliminary review drafts of those documents for review by the City Attorney's office
12. Records and Inspections
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings, and activities.
13. Termination or Suspension of Agreement
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than Agreement for Consultant Services, Innovative Federal Strategies
the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
14. Force Majeure
Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
15. Notices
Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant's and City's regular business hours, or (c) five business days after deposit in the United States mail by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City:
City of Yucaipa
Attn. Ray Casey
34272 Yucaipa Boulevard
Yucaipa, CA 92399
If to Consultant:
Innovative Federal Strategies, LLC
Attn: Letitia White
511 C Street, NE
Washington, DC 20002
16. Non -Discrimination and Equal Employment Opportunity In the performance of this Agreement, 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. Consultant will 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.
17. Prohibition of Assignment and Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, "assignment" and "delegation" Agreement for Consultant Services, Innovative Federal Strategies Page 10 MU12
means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third -Party Beneficiaries Intended
This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power, or remedy of City, nor shall it be construed as a waiver of, or consent to any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Exhibits
Exhibits A constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
21. Entire Agreement
This Agreement and all exhibits referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
22. Amendment of Agreement
This Agreement may be amended only by a writing signed by the Parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council's behalf and without the City Council's prior approval to make the following non -substantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) non -monetary changes in the scope of work; and (d) termination of the Agreement.
23. Headings
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
Agreement for Consultant Services, Innovative Federal Strategies Page 11 -210-
24. Word Usage
Unless the context clearly requires otherwise, (a) the words "shall, "will and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
25. Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
26. Governing Law and Choice of Forum
This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) shall be resolved in a municipal, superior, or federal court with geographic jurisdiction over the City of Yucaipa.
27. Attorneys' Fees
In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys' fees together with any costs and expenses to resolve the dispute and to enforce the final judgment.
28. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid, or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect
29. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
Agreement for Consultant Services, Innovative Federal Strategies
-211-
CITY OF YUCAIPA
A California Municipal Corporation
51 Raymond A. Casey
City Manager
APPROVED AS TO FORM:
David M. Snow
City Attorney
Attachments: Exhibit A
CONSULTANT
Innovative Federal Strategies, LLC
By:
Leti is White
Partner
Agreement for Consultant Services, Innovative Federal Strategies
-212-
Innovative Federal Strategies, LLC
Scope of Work
a) Meet collaboratively with the City immediately upon commencement of our relationship and regularly thereafter to develop legislative initiatives and the associated Congressional engagement strategy for fiscal year 2023/2024, to include initiating, developing, maintaining, strengthening, and expanding relations between the City and targeted Members of Congress and their office staff, and with Professional Staff Members on key Congressional committees; and i. Facilitate meetings with Members of Congress, their staff and Professional Staff Members to advocate for City priorities; and
ii. Develop Congressional Subcommittee, Committee, and Floor strategies and tactics to address and advocate for City priority programs and legislation; and iii. Track in real-time amendments to pertinent legislation offered by Members of Congress to identify issues of concern to the City and work with Congressional supporters to obtain favorable outcomes to any legislative efforts that the City deems merit action; and
iv. Draft and edit briefings, issue papers, technical amendments, testimony, other Congressional correspondence, and appropriations/authorization office and committee request forms as needed; and
v. Develop questions for use by Members of Congress at hearings with federal agency witnesses on topics of interest to the City,
b) Support Robust Engagement Across the Federal Ecosystem Collaboratively execute the City's Executive Branch engagement strategy, to include initiating, developing, maintaining, strengthening, and expanding relations with key Executive Branch officials in Departments and Agencies where the City has interests and equities; and
ii. Perform research and provide insight on salient federal requirements; programs, processes, and legislative histories; and federal contracting, budget, and policy issues that could affect the City's areas of interest.
c) Tracking Relevant Legislation and Emerging Policy Initiatives i. Meet regularly to become and remain intimately familiar with priorities and the breadth of policies and issues of interest to the City; and d) Perform research on salient federal requirements, programs, processes, and legislative histories; and
e) Track and report on legislation that affects programs or funding in areas of interest to the City including but not limited to:
a. Legislation related to the authorization or reauthorization of transportation and -213-
infrastructure legislation; and
b. The twelve annual appropriations bills with specific focus on funding for Community Project Funding.
fj Provide real-time situational awareness into the complex evolving current year budget environment to include passage of fiscal year 2023/2024 appropriations bills; and Continuing Resolutions; and
g) Provide timely information on fiscal year 2023/2024 Congressional processes, schedules, and content; Member office and Committee appropriations and authorization request deadlines; Congressional hearing schedules, topics, and witnesses; Subcommittee and full Committee legislation mark-ups, subsequent floor debate and amendments; and conferences between the House and Senate; and review committee hearing transcripts and other proceedings for relevant information of interest to the City. -214-