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HomeMy WebLinkAbout12/19/2001 - STAFF REPORTS (15) 9 DATE: December 19, 2001 TO: City Council FROM: Assistant City Manager- Special Projects WASHINGTON LOBBYIST RECOMMENDATION: It is recommended that City Council approve a new contract for Washington, D.C. lobbying services with Alcalde & Fay. SUMMARY: This action would put in place a new contract which could be renewed annually by City Council action in November of each year for lobbying services. BACKGROUND: The City has utilized the services of the firm of Alcalde & Fay as Washington, D.C. lobbyists for over ten years. They have been quite successful advocates for the City with the most recent success being the$3 million"earmark" grant for Belardo Bridge. A new agreement has been negotiated based on a request from the firm seeking an increase in compensation (see attached letter) and based on the recently approved California lobbyist contract at the level of$3500 per month retainer. For the last five (5) years, the City has paid a monthly retainer of $2000 plus reimbursables for Washington, D.C. lobbying services. The firm sought an increase to $6000 per month plus reimbursables. The negotiated contract, copy attached, would increase compensation to$3800 per month, plus reimbursables,not to exceed $5000 in any year, total contract maximum per year of$50,600. The Airport has shared in the cost previously at a level of 30%of the contract cost and has budgeted $18,000 annually for Washington, D.C. trips for staff and City Council. It is proposed that the cost sharing be altered to 20%Airport Fund, 80%General Fund plus$10,000 travel from the Airport budget. Funds are available in the Airport budget at $800 per month for the remaining six months of this year in account 415-6002- 43200 and the General Fund share of$3000 per month plus reimbursables for the remaining six months of the year is in account 001-1100-43200. L " December 19, 2001 Alcalde & Fay Page 2 A Minute Order approving the contract is attached for City Council consideration. ALLEN F. SMOOT, AAt- Assistant City Manager- Special Projects APPROVED: City Manager Attachments: REVIEWED BY DEPT.OF FINANCE 1. Minute Order. 2. Letter 3. Agreement �� Z ALCALDE&FAY y.-.. GOVERNMENT&PUBLIC AFFAIRS CONSULTANTS RECEIVED September 21, 2001 By. DENT. OF AVIATION MEMORANDUM TO: David Ready ` Allen Smoot FROM: Nancy Prowitt Alfonso Lopez Jay Nichols REGARDING: 2001 Status Report for Pending Palm Springs Federal Government requests and Contract Renewal It has again been a pleasure serving the City of Palm Springs before the United States Congress and the Federal Government. We are pleased so far with our success in securing finds for the City - $2,956,000 for Belardo Bridge in the Department of Transportation House Appropriations Committee report. (Exhibit I). While the earmark is not in the Senate Committee report at this time, we believe that when the House and Senate conference committee meets they will maintain this level of funding in the final bill. This memo outlines the Federal appropriations and legislative requests we have developed in consultation with City officials for the City of Palms Springs, and the action that has occurred to date. It also addresses our desire to once again renew our contract with the City of Palm Springs at a higher level. STRATEGIC PLANNING AND GOALS In November/December of 2000 the Palm Springs City staff and staff at Alcalde & Fay conferenced to discuss priorities for this session of Congress. We jointly developed a program of work for federal initiatives on behalf of the City and finalized plans for the year. We then drafted letters outlining in detail all of the City's federal initiatives for the Mayor to send to Senators Feinstein and Boxer, and Representative Bono. We have worked very closely on a regular basis with Allen Smoot to coordinate our efforts on behalf of the City of Palm Springs. As a part of those efforts we have held a member of briefing phone calls and meetings on the Hill. Last spring, we also arranged a number of meetings with key decision-makers for City officials on their visit to Washington, D.C. We are in close, regular contact with Members of Congress and senior California delegation and Appropriations Committee staff, as we shepherd the City's requests through every step of the appropriations process. 2111 WILSON BOULEVARD SUITE 850 ARLINGTON, VIRGINIA 22201 PH(703) 841-0626 FAX (703)243-2874 Id ? 2 Attached please find copies of the appropriation request letters sent by the City of Palm Springs to Congress (Exhibit II). Attached are also copies of all the letters Alcalde & Fay drafted for Members of Congress to send to the Appropriations Committees on behalf of the City (Exhibit III). The final attachment contains copies of all memos Alcalde & Fay has sent to the City regarding various issues of importance (Exhibit IV). FY 2002 APPROPRIATION REQUESTS Transportation: 2 956 000 for the Belardo Bridge Public Lands Highway project (House). • We are working to ensure that the House language is included in the final conference report and bill. Both the House and Senate have completed marking up their respective versions of the Transportation Appropriations bill. Both are ready to go to conference, which is expected to take place very soon. OTHER FEDERAL INITIATIVES Passenger Facility Charge Issue As a result of the meeting we had in April, the final application for a Passenger Facility Charge (PFC) increase was submitted approximately two weeks ago. As you know, the City needs this increase to cover all debt on the recent terminal expansions at the Palm Springs International Airport, and allow for nearer term retirement of the bonds. Excess P's would first be used to call out the 1998 PFC bonds. The bonds from 1992 will soon reach their first call period and any excess funds could flow to there. It is hoped that the City will be able to increase the PFC charge from $3 to $4.50, which would raise approximately $800,000 annually, and implement it by January 1, 2002. Federal Emergency Management Agency's Firefighter grants With regards to the Federal Emergency Management Agency's (FEMA) fire grants, the City has not yet been awarded a grant under the wellness/fitness or vehicles category. During the last week of September, FEMA will award at least one more round of grants in all categories, with the strong possibility of awarding several more before the deadline on September 30`". We will remain hopeful that the City will receive a grant, and assure you that we will continue to monitor FEMA's activities closely, and will inform you of the grants as they are announced. Free Trade Zone Activation As you know, in April we (along with Mayor Kleindienst)met with Dennis Pacinelli,the Director of the Free Trade Zone Office at the Department of Commerce. ? / 3 The meeting was a success. Currently, the City is moving forward to get the zone activated. CONCLUSION It is always a pleasure to work with the City of Palm Springs and we believe that it has been equally as rewarding for you. We have accomplished a significant amount for the City and are grateful to be your representatives in Washington, D.C. Our monthly retainer with the City is $2,250. We have represented the City for five years, and the amount has not increased in that time period. The Palm Springs retainer is the lowest retainer of any of our clients. Generally, our minimum monthly retainer is $6,000 to cover the hours that partners and staff have to put in to run an effective Washington public affairs program for municipalities. We have expended a lot of time and effort this year to ensure that Palm Springs successfully secures the $2,956,000 congressional earmark. Taking this into account, we hope that the City will consider raising its monthly retainer fee to $6000 in January 2002 so that its public affairs program can be executed in even higher gear next year. do As always, we will continue to keep you apprised of all of our efforts on behalf of the City of Palm Springs. If you have any questions or issues you wish to discuss the staff of Alealde & Fay is at your disposal. 9A s- CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR LEGISLATIVE SERVICES (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this / /3 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and ALCALDE & FAY (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement,the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty Thousand Six Hundred Dollars ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Nancy Prowitt is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. Alalde&Fey SF v rccmca.2gr.wpd 9409 4 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of$1,000,000.00 or (ii) bodily injury limits of$500,000.00 per person, $1,000,000.00 per occurrence and$1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than$500,000.00, the policy of insurance shall be in an amount not less than$5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance -written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$500,000.00 per person and$1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of$1,000,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section Q,4 7 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,damages to persons or property,losses,costs,penalties,obligations,errors,omissions or liabilities, including paying any legal costs,attorneys fees, or paying any judgment(herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2002, and may be continued on a year-to-year basis by City Council action in November of each year. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that,by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9�9 � 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party 09 is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: City Manager City Clerk (Check one: _Individual_ Partnership Corporation) APPROVED AS TO FORM: CONTRACTOR: /J By: " / "G"t t f / Acf- 6r City Attorney Sig toe (Notarized) AEa,t �rowff-Y , lamal2a>gPat*to� /Print N i^tie By: Signature (Notarized) Print Name & Title (Corporations require two signatures: One from each of the Following: A. Chairman of Board, President, any Vice Mailing Address: f I GUI 6 /0 President: AND B. Secretary,Assistant Secretary, �'y!G�D1ilZ71)� Treasurer,Assistant Treasurer,or Chief Financial Officer). (END OF SIGNATURES) My Commission Expires November 30,2002 vornnd subscribed before me. in my presence 1. v.or ��L. ax 1/irp,r!ia flaiar ru'o:m.i!! :;G i� _.__Cot;nly/City .,Mary Public Zl 9A �b EXHIBIT "A" SCOPE OF SERVICES A. The Contractor will confer with the Mayor, the City Council, the City Manager, and other such City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the Contractor on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal programs. B. The Contractor will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest. C. The Contractor will counsel with the City regarding appearances by city personnel before congressional Committees and Federal Administrative agencies. D. The Contractor will assist the City in the review of federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the city of those items mutually agreed upon which may have a significant bearing on the City policies and programs. E. The Contractor will assist in contacting federal agencies in the White House and Office of Management and Budget in Washington, D.C., on the City's behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. F. The Contractor will consult with the City regarding any proposed formula changes in the Community Development block grant or other major federal programs to determine their impact on the City and take the necessary steps as mutually agreed upon to bring changes in the best interest of the City. G. The Contractor will,upon request of the City Manager, assist the City in any matter related to the Legislative Branches and the executive Branch of the State of California. H. The Contractor shall provide periodic written reports, at least monthly, of its services performed pursuant to this agreement. EXHIBIT "A" SCOPE OF SERVICES 9,4 II EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall be compensated as follows: The fee shall be based on a basic retainer that will be for $3,800 per month. The City will reimburse the Contractor for reasonable out-of-pocket disbursements incurred by the Contractor in connection with the above services for out of town (Washington, D.C.) travel expenses, specifically authorized, in advance, by the City and related and necessary business expenses up to a maximum of$5,000. The Contractor hereby agrees to provide to the City copies of all receipts, with written explanation, for any out-of-pocket disbursements that are to be reimbursed by the City. Payments will be in advance in equal monthly installments of$3,800 plus itemized reimbursables with the first such payment due and payable on January 1, 2002, and on the same date each and every month for the remaining months of the contract in a total amount not exceeding $50,600. EXHIBIT 'B" SCHEDULE OF COMPENSATION ��/� MINUTE ORDER NO. APPROVING AGREEMENT NO. WITH ALCALDE & FAY FOR WASHINGTON D.C. LOBBYING SERVICES IN AN AMOUNTNOT TO EXCEED $50,600. I HEREBY CERTIFY that this Minute Order, approving Agreement No. with Alcalde&Fay for Washington D.C. lobbying services in an amount not to exceed $50,600 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19" day of December 2001. PATRICIA A. SANDERS City Clerk 1