HomeMy WebLinkAboutItem 12c - Professional Lobbying and Consulting Services
DATE: October 1, 2019
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Vanessa Hevener, Environmental Services Officer
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH BEST BEST &
KRIEGER, LLP FOR PROFESSIONAL LOBBYING AND CONSULTING
SERVICES TO SECURE GRANT FUNDING FOR WATER AND
STORMWATER RELATED PROJECTS IN THE AMOUNT OF $25,323.08
Recommendation: Approve
SUMMARY
In July 2017, the City Council awarded a Professional Services Agreement to Best Best
& Krieger, LLP (“BB&K”), for professional lobbying and consulting services to secure grant
funding for water and stormwater related projects under the 2007 Water Resources
Development Act (“WRDA”) authorization. Additionally, the City of Sierra Madre partnered
with the City and equally split the cost for lobbying services with BB&K. Subsequently,
the City Council approved an extension to the contract in July 2018.
Given the lobbying efforts already underway by the Cities of Arcadia and Sierra Madre,
Arcadia staff approached the member agencies of the Rio Hondo/San Gabriel River
Water Quality Group (the “Group”), comprised of the Cities of Bradbury, Duarte,
Monrovia, the County of Los Angeles, and Los Angeles County Flood Control District, to
expand the scope of the efforts to include other regional projects identified in the
Watershed Management Plan, and to leverage BB&K’s expertise and established
relationships. As such, BB&K has offered to extend lobbying services to the Group for
$84,000 a year or $7,000 per month.
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Professional Services Agreement with Best Best & Krieger, LLP
for Professional Lobbying and Consulting Services for water and stormwater related
projects in the amount $25,323.08.
PSA with Best Best & Krieger for Lobbying Services
October 1, 2019
Page 2 of 4
BACKGROUND
In 2007, the Cities of Arcadia and Sierra Madre were awarded a joint authorization of $20
million dollars under the WRDA for local water and wastewater related infrastructure
projects, but the grants were never fully funded by Congress. In July 2017, the City
Council awarded a Professional Services Agreement to Best Best & Krieger, LLP
(“BB&K”), for professional lobbying and consulting services to secure grant funding for
water and stormwater related projects under the 2007 WRDA authorization.
Subsequently, the City Council approved an extension to this contract in July 2018.
Funding through the WRDA originally authorized in 2007 is intended for completing water
and stormwater related infrastructure projects identified in the City’s Watershed
Management Program (the “WMP”) Plan. The WMP included two stormwater capture
and groundwater recharge projects, one located at the Peck Road Water Conservation
Park, and the other at the Los Angeles County Arboretum. These projects will help both
Arcadia and Sierra Madre comply with the National Pollutant Discharge Elimination
System (the “NPDES”) Permit requirements, remediate surrounding water quality, and
increase groundwater levels in the Raymond and Main San Gabriel Groundwater Basins.
For the past several years, BB&K has provided a high level of expertise and strategic
guidance to the Cities of Arcadia and Sierra Madre for the two proposed projects at the
federal level. The City and Sierra Madre split the cost for lobbying services equally for an
annual cost of $36,000. The firm has worked to increase the visibility and attractiveness
of the projects, including facilitating a lobbying trip to Washington, D.C. for City Council
and City staff to meet with congressional representatives, the Bureau of Reclamation,
Army Corps of Engineers, and the Environmental Protection Agency. The proposed
projects were well presented and well received by all parties, including local stakeholders
such as the Los Angeles Army Corps of Engineers office, Los Angeles County, and
Arboretum staff.
DISCUSSION
In July 2019, the Public Works Services Department (“PWSD”) proposed to the Oversight
Committee of the Rio Hondo/San Gabriel River Water Quality Group that a regional
approach to our lobbying efforts was necessary to better engage the various federal
agencies and other stakeholders. The PWSD proposed to expand the scope of BB&K’s
efforts to include the other regional projects identified in the Watershed Management
Plan, and to leverage BB&K’s expertise and relationships established during the previous
two years. BB&K has offered to extend lobbying services to the Group for $84,000 a year
or $7,000 per month (Exhibit “A”).
Contracting with BB&K was the logical next step as the firm has assisted the Cities of
Arcadia and Sierra Madre with its on-going efforts. The City of Arcadia would act as the
lead agency and as the primary liaison between the Group and BB&K. Although the
PSA with Best Best & Krieger for Lobbying Services
October 1, 2019
Page 3 of 4
County of Los Angeles and the Los Angeles County Flood Control District are in support
of a regional approach to our lobbying efforts, both agencies have internal staff that serve
the same function, and therefore, the County and the Flood Control District will work in
tandem with BB&K in lieu of contributing directly to the cost sharing arrangement. While
Arcadia is the lead agency, BB&K will invoice the member agencies separately based on
the Cities’ monthly share. As such, a Joint Representation Waiver is needed to ensure
the Cities are fully represented by BB&K (Exhibit “B”).
The cost share formula is based 50% on participation and 50% on land area. The City of
Arcadia’s annual contribution will be $25,323.08 or $2,110.26 per month, with the
calculation shown in the chart below.
Jurisdiction Monthly Annual
Arcadia $2,110.26 $25,323.08
Bradbury $943.59 $11,323.08
Duarte $1,161.54 $13,938.46
Monrovia $1,725.64 $20,707.69
Sierra Madre $1,058.97 $12,707.69
Under the modified scope of work, BB&K will work with the Group to lobby for a new
WRDA authorization and assist in identifying grant funding opportunities with federal
agencies, as well as facilitating meetings with key decision makers and building coalitions
to secure support for federal grant applications. In addition, BB&K will assist in educating
key stakeholders on the Rio Hondo/San Gabriel River Water Quality Group’s five regional
projects and their benefits at the federal level.
ENVIRONMENTAL IMPACT
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
The annual cost of services for BB&K is $84,000, with the City of Arcadia’s annual
contribution share in the amount of $25,323.08 or $2,110.26 per month. The contract is
to be proportionally divided on a formula based on participation (50%) and land area
(50%) between the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre.
Sufficient funding for these lobbying services is budgeted in the Fiscal Year 2019-20
Water Operating Budget. The rate is all inclusive and covers other direct expenses
including telephone, postage, shipping, photocopying, and other administrative costs.
PSA with Best Best & Krieger for Lobbying Services
October 1, 2019
Page 4 of 4
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute a Professional Services Agreement with Best Best & Krieger, LLP
for Professional Lobbying and Consulting Services to secure grant funding for water and
stormwater related projects in the amount of $25,323.08.
Attachments: Exhibit “A” – RHSGR Watershed Group Engagement Letter
Exhibit “B” – RHSGR Watershed Group Joint Representation Letter
Exhibit “C” – Proposed Professional Services Agreement
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
2000 Pennsylvania Avenue, N.W., Suite 5300, Washington, DC 20006
Phone: (202) 785-0600 | Fax: (202) 785-1234 | www.bbklaw.com
John D. Freshman
(202) 370-5301
john.freshman@bbklaw.com
July 25, 2019
VIA EMAIL
Rio Hondo-San Gabriel River Watershed Group
c/o Dominic Lazzaretto
240 W. Huntington Drive
Arcadia, CA 91106
RE: Agreement for Government Relations Advocacy Services
Dear Rio Hondo-San Gabriel River Watershed Group:
It was a pleasure to meet with you today. Per our conversation, we would be delighted to work
for the cities of the Rio Hondo-San Gabriel River Watershed Group – comprised of the Cities of
Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre (“Group”).
BB&K will work on behalf of the Group to identify and help secure federal grants for the
Group’s regional water projects listed below. BB&K maintains a full government relations office
in Washington, D.C., which effectively monitors, researches, and advocates clients’ positon at
the federal level before Congress and the executive branch agencies.
The projects BB&K will work on for the Rio Hondo-San Gabriel River Watershed Group
include the:
•Arcadia Wash Ecosystem Restoration Project at the Arboretum
•Rio Hondo Ecosystem Restoration Project
•Arcadia Wash Water Conservation Diversion Project
•Encanto Park Stormwater Capture Project
•Basin 3E Enhancements at Santa Fe Spreading Grounds
A summary of the services provided include:
1.Identify and Assist with Funding Opportunities: Utilize our unique relationships to
monitor federal grant programs and other funding opportunities with a special focus on
"EXHIBIT A"
July 25, 2019
Page 2
federal grants and the appropriations process. BB&K will target the Army Corps of
Engineers, the Environmental Protection Agency, and the Bureau of Reclamation for
federal funding partnerships.
2.Advocacy and Updates: Represent the Group before Congress and federal agencies by
educating key stakeholders on the Rio Hondo-San Gabriel River Watershed Group’s
projects and their benefits.
3.Relationship and Coalition Building: Set meetings with key decision makers and build
coalitions to secure support for federal grant applications.
As discussed this agreement will begin October 1, 2019 for $7,000 a month for one year. On
behalf of BB&K, we are pleased to have this opportunity and look forward to a long productive
relationship with the Rio Hondo-San Gabriel River Watershed Group.
This Agreement may be signed in counterparts. Each signed copy will be deemed to be an
original, but all of them together will constitute one and the same Agreement.
Sincerely,
__________________________
John D. Freshman
for BEST BEST & KRIEGER LLP
Signed: ________________________________
Dominic Lazzaretto
City of Arcadia
Date: __________________________________
July 25, 2019
Page 3
Signed: ________________________________
Kevin Kearney
City of Bradbury
Date: __________________________________
Signed: ________________________________
Darrell George
City of Duarte
Date: __________________________________
Signed: ________________________________
Oliver Chi
City of Monrovia
Date: __________________________________
Signed: ________________________________
Gabriel Engeland
City of Sierra Madre
Date: __________________________________
Indian Wells
(760) 568-2611
Irvine
(949) 263-2600
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
2000 Pennsylvania Avenue, N.W., Suite 5300, Washington, DC 20006
Phone: (202) 785-0600 | Fax: (202) 785-1234 | www.bbklaw.com
John D. Freshman
(202) 370-5301
john.freshman@bbklaw.com
September 12, 2019
City of Arcadia
Attn: Mr. Dominic Lazzaretto, City Manager
240 West Huntington Drive
Arcadia, CA 91007
Re: Informed Consent - Joint Representation
Dear Mr. Lazzaretto:
Best Best & Krieger LLP (the “Firm”) has been asked to represent the Rio Hondo-San
Gabriel River Watershed Group (the “Group”), which is made up of the Cities of Arcadia,
Bradbury, Duarte, Monrovia, and Sierra Madre (the “Cities”). The Firm will work on behalf of
the Cities as joint clients to identify and help secure federal funding for the Group’s regional
water projects that include the following: Arcadia Wash Ecosystem Restoration Project, Rio
Hondo Ecosystem Restoration Project, Arcadia Wash Water Conservation Diversion Project,
Encanto Park Stormwater Capture Project, and the Basin 3E Enhancements at Santa Fe
Spreading Grounds project (the “Project Matters”).
Although our current representation of the Cities regarding Project Matters involves
Federal advocacy, the law Firm is subject to rules of professional conduct. Accordingly, we
must discuss with Arcadia and the other Cities the potential impact of our joint representation
and obtain Arcadia’s informed written consent, as well as that of each of the other Cities.
RULES OF PROFESSIONAL CONDUCT
Rule 1.7 of the California Rules of Professional Conduct provides in pertinent part:
(a) A lawyer shall not, without informed written consent from each client and
compliance with paragraph (d), represent a client if the representation is
directly adverse to another client in the same or a separate matter.
(b) A lawyer shall not, without informed written consent from each affected
client and compliance with paragraph (d), represent a client if there is a
significant risk the lawyer’s representation of the client will be materially
limited by the lawyer’s responsibilities to or relationships with another
client, a former client or a third person, or by the lawyer’s own interests.
"EXHIBIT B"
September 12, 2019
Page 2
. . .
(d) Representation is permitted under this rule only if the lawyer complies
with paragraphs (a), (b)… and:
(1) the lawyer reasonably believes that the lawyer will be able to
provide competent and diligent representation to each affected
client;
(2) the representation is not prohibited by law; and
(3) the representation does not involve the assertion of a claim by one
client against another client represented by the lawyer in the same
litigation or other proceeding before a tribunal.
SCOPE OF REPRESENTATION & DISCLOSURES
Our representation of the Cities jointly concerns the Project Matters. At the present time,
and based upon what we have been advised by each of the Cities, we believe the Cities’ interests
are aligned and see no current conflict between or among the Cities.. However, in accordance
with the California Rules of Professional Conduct, we must provide the Cities with written
disclosure of the relevant circumstances of this joint representation, the reasonably foreseeable
adverse consequences which might arise from the Firm’s representation of the Cities jointly, and
obtain each of the Cities’ consent thereto prior to proceeding with this joint representation.
Although it is impossible to foretell all potential consequences which could arise from this type
of representation, this letter addresses the reasonably foreseeable risks and conflicts that
potentially may develop going forward, which we ask each of the Cities to consider. Pursuant to
the provisions of Rule 1.7, we inform the Cities as follows:
1. Potential Conflicts - Clients may differ on strategy, costs or on the issue of
whether to agree to certain terms; one of the clients may instruct the Firm in a
manner that is contrary to the instructions of the other client; it may be argued that
there is an appearance of impropriety in our representation of joint clients
simultaneously; and/or, one client may take a position or act in a manner that
could be prejudicial to the interests of another client. Although we do not expect
any of the above eventualities, before we could continue to represent any of the
Cities under those circumstances, we would be required to obtain each City’s
separate, informed, written consent concerning such a situation. We cannot
advise any of the Cities of their individual or mutual rights amongst or against
each other, in resolving any such disagreements.
September 12, 2019
Page 3
2. Disputes Between Clients - Should any of the Cities feel that there is a potential
dispute, actual dispute or claim between or among the Cities , it should be brought
to our attention immediately. We will be unable to counsel any of the Cities
regarding any rights or obligations as between or among the Cities , whether or
not such rights or obligations relate to the subject matter of the representation. In
the event such a disagreement cannot be resolved between or among the Cities,
there is a possibility that such a disagreement would develop into an actual
conflict of interest between or among the Cities that would require the Firm to
withdraw from further representing the Cities in this matter. Such a situation
could require increased expense, time and effort on your part if new
representation is needed. Again, any such changes or new information will be
disclosed and discussed with the Cities prior to any action being taken that would
significantly affect our relationship.
In addition, should new or additional facts come to our attention which suggest
any of the Cities may have or should consider asserting rights against any of the
other Cities or that any of the Cities should consider action to protect or preserve
such rights, we will advise each of the Cities that such facts have come to our
attention. We will not, however, advise any of the Cities of the reason why we
are alerting the Cities or the basis for such an alert. We believe that to do so may
compromise the interests of the Cities in violation of the responsibilities we owe
to each of the Cities. We will likely further recommend that each of the Cities
consult with independent counsel.
3. No Confidentiality - In cases of joint representation, although the Firm owes joint
clients a duty of confidentiality as to third parties, there is generally no duty of
confidentiality or attorney-client privilege between or among the joint clients.
The Firm has a duty to communicate and keep all clients reasonably informed
about significant developments relating to the representation. Thus,
communications made between one joint client and the Firm that are relevant to
the joint representation are subject to disclosure to the other client, even in the
absence of express consent to the disclosure. By consenting to this agreement,
Arcadia understands that there can be no confidentiality between the Firm and any
of the other Cities as joint clients with respect to significant developments related
to this representation.
In addition, each of the Cities must maintain the confidentiality of all
communications between the Cities and us. If one of the Cities fails to do so, it
may jeopardize confidentiality protections between the Cities and us. The result
may be that other parties may be able to learn the content of confidential
communications between us and/or, as a practical matter, could prejudice the non-
disclosing entity because otherwise confidential information may become known
September 12, 2019
Page 4
to third-parties. It is, therefore, critical that each of the Cities understands the
need for confidentiality concerning the communications between us and that each
of the Cities maintains that confidentiality. In other words, a joint representation
does not change the confidential nature of such communications relative to
outside third parties, but does change it as to the inside parties to the joint
representation. By executing this letter, Arcadia expressly consents to the
communication to each of the Cities of any information received by the Firm from
any one of the Cities during the Firm’s joint representation of the Cities in this
matter.
4. No Attorney-Client Privilege - California Evidence Code § 962 provides that one
joint client may not claim a privilege as to a communication made in the course of
this attorney-client relationship when such a communication is offered in a legal
proceeding between or among the joint clients. This also applies should a dispute
arise between one client and the Firm in the future.
5. Balance of Interests - In joint client representation, lawyers owe fiduciary
obligations of loyalty to each of the jointly represented clients and cannot take
sides or assert the interests of one client over the interests of the other. The Firm
is required to balance the interest between or among the clients and may make
decisions that will be in the best interests of the overall group and not necessarily
in the best interests of an individual client. Thus, rather than the Firm vigorously
asserting a single interest of an individual client on an issue, there will be a
balancing of interests among the joint clients.
6. Each Client’s Responsibility for Fees and Costs – CRPC Rule 1.8.6 requires
written consent when a lawyer is paid by another party to represent a client.
Arcadia is responsible for paying our invoices on behalf of the Cities regarding
the Project Matters. The Firm acknowledges, however, that the Cities are the
Firm’s co-clients in the Project Matters and the Firm shall take instructions from
all the Cities, or from their selective representative, regarding the handling of the
Project Matters. The Firm does not perceive that this payment arrangement will
interfere with the Firm’s independence or professional judgment or with the
relationship with all identified entities represented as co-clients in the Project
Matters, and the Firm represents that information relating to the joint
representation will be protected consistent with Business & Professions Code
6068(e). Although Arcadia is responsible for payment for the Firm’s services, we
must make it clear that the Cities are all jointly and severally responsible for
payment of our fees and costs associated with the Project Matters if for any reason
Arcadia is unable or fails to pay our invoices.
September 12, 2019
Page 5
7. Effect of the Firm Withdrawing - If we are forced to withdraw from this
representation because of a conflict between or among the Cities or as permitted
under CRPC, Rule 1.16, the expense of educating new representatives on events
that may have transpired during the course of our representation might be
significant. And, unless another conflict waiver is executed with the Firm, it may
require that each of the Cities obtains other representation, thereby potentially
adding to your expense. Such an event also might delay any needed actions in
connection with the engagement, or in otherwise achieving the goals of the
engagement.
8. Termination – Each client has the absolute right to terminate the Firm regardless
of what the other joint client(s) may decide. Should one client wish to terminate
the relationship without the agreement of the other client(s), we will disclose the
circumstances at that time and determine whether the Firm may continue
representation of one client or whether the representation must be terminated in its
entirety, and consent will be obtained as necessary.
9. Client File - After the matter is concluded, each of the Cities may make
conflicting demands for the original client file, which each is entitled to receive.
Each agree that we may release the original to the client who first provides a
written request, as long as we release an exact copy to each of the other Cities.
YOUR CONSENT
If Arcadia wishes for the Firm to represent it in the Project Matters, we need you to sign
this consent letter. Should you have any concerns that were not mentioned in this letter, please
tell us immediately, so we can make sure to address them as necessary.
In the event that circumstances change or we become aware of new information that
requires additional disclosures and/or a new consent from the parties, you will be notified of that
fact immediately, and continued representation will be subject to the informed written consent of
the involved parties as necessary.
Please consider this matter carefully, and do not hesitate to contact us if you have any
questions or concerns. You may wish to confer with independent legal counsel regarding this
disclosure, and you should feel free to do so.
Your execution of this consent form will constitute Arcadia’s acknowledgment of full
disclosure in compliance with the requirements of Rule 1.7 of the California Rules of
Professional Conduct previously quoted in this letter.
September 12, 2019
Page 6
A copy of this letter is enclosed for your files. We look forward to hearing from you
soon.
Sincerely,
John D. Freshman
for BEST BEST & KRIEGER LLP
CONSENT
By this letter, Best Best & Krieger LLP has explained the joint representation, and the existing
and/or reasonably foreseeable potential risks and conflicts of interest in the above referenced
matter. Our Firm has also informed Arcadia of the possible consequences of this joint
representation and those conflicts. Arcadia understands that Arcadia has the right and has been
encouraged to consult with independent counsel before signing this consent, and Arcadia
acknowledges that Arcadia has been given sufficient time to do so. Notwithstanding the
foregoing, Arcadia hereby consent and agree to Arcadia be represented by Best Best & Krieger
LLP in the above described joint representation.
AGREED AND ACCEPTED:
By:
Dated:
Revised 04/13
1
PROFESSIONAL SERVICES AGREEMENT REGARDING
PROFESSIONAL LOBBYING AND CONSULTING SERVICES
TO SECURE GRANT FUNDING FOR WATER AND
STORMWATER RELATED PROJECTS
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ____________, 2019
by and between the City of Arcadia, a charter city organized under the Constitution and
laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91066-6021 ("City") and Best, Best, & Krieger,
LLP, a Limited Liability Partnership, with its principal place of business at 2000
Pennsylvania Avenue N.W., Suite 5300, Washington, DC 20006 ("Consultant"). City
and Consultant are sometimes individually referred to as “Party” and collectively as
“Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing lobbying
and consulting services to public clients, is licensed in the State of California, and is
familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Lobbying and
Consulting Services to Secure Grant Funding for Water and Stormwater Related
projects (“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional lobbying
and consulting services necessary for the Project ("Services"). The Services are
more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
"EXHIBIT C"
Revised 04/13
2
3.1.2 Term. The term of this Agreement shall be for one year from the
date of execution, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: John D. Freshman, Senior Director of Governmental Affairs.
Revised 04/13
3
3.2.5 City’s Representative. The City hereby designates Tom Tait,
Public Works Services Director, or his or her designee, to act as its representative for
the performance of this Agreement (“City’s Representative”). City’s Representative
shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City’s
Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates John
D. Freshman, or his or her designee, to act as its representative for the performance of
this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services,
using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant’s failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
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without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, and employees free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ("IRCA"). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its directors, officials, officers and
employees, from any liability, damages or causes of action arising out of or relating to
any claims that Consultant's employees, or the employees of any subcontractor hired by
Consultant, are not authorized to work in the United States for Consultant or its
subcontractor and/or any other claims based upon alleged IRCA violations committed
by Consultant or Consultant's subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant’s policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer’s consent to naming City, its directors, officials, officers, and
employees as an additional insured with proof of certificate of insurance that they are an
additional insured. Such insurance shall meet at least the following minimum levels of
coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broadform property damage, explosion, collapse,
and underground, products and completed operations; (2) Automobile Liability:
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Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance.
The City, its directors, officials, officers, and employees shall be listed as additional
insured. Any deductibles or self-insured retentions must be declared to and approved
by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of $1,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of three
(3) years following completion of the Project, errors and omissions liability insurance
appropriate to their profession. Such insurance shall be in an amount not less than
$1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, and employees shall
be covered as additional insured with respect to liability arising out of Services
operations and for completed operations performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work; and (2)
the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, employees and
volunteers shall be excess of the Consultant’s insurance and shall not be called upon to
contribute with it in any way.
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(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, and
employees shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the
insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, and employees, or if excess, shall stand in an unbroken chain of
coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or
self-insurance maintained by the City, its directors, officials, officers, and employees
shall be excess of the Consultant’s insurance and shall not be called upon to contribute
with it in any way.
(C) Workers’ Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, and employees for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non-renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non-payment of premium, ten (10) days notice of cancellation for non-payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, and employees.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, and employees.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
directors, officials, officers, and employees; or (2) the Consultant shall procure a bond
guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best’s rating no less than A:VII, admitted or approved
to do business in California, and satisfactory to the City.
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3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.9 Safety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant’s obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City’s prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed TWENTY-
FIVE THOUSAND, THREE HUNDRED TWENTY-THREE DOLLARS AND EIGHT
CENTS ($25,323.08) without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
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shall, within forty-five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
A termination without cause by City shall not act as or be deemed a waiver of any
potential known or unknown City claims associated with Consultant’s performance prior
to the date of termination.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
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3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant:
Best Best & Krieger, LLP
2000 Pennsylvania Avenue N.W. Suite 5300
Washington, DC 20006
Attn: John D. Freshman
City:
City of Arcadia
240 West Huntington drive
Arcadia, CA 91007
Attn: Tom Tait, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement (“Documents & Data”). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
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3.5.3.2 Confidentiality. Except as otherwise required by
California law, all ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or
the Project. Nothing furnished to Consultant which is otherwise known to Consultant or
is generally known, or has become known, to the related industry shall be deemed
confidential. Consultant shall not use City's name or insignia, photographs of the
Project, or any publicity pertaining to the Services or the Project in any magazine, trade
paper, newspaper, television or radio production or other similar medium without the
prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, and employees free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any alleged acts, omissions or willful
misconduct of Consultant, its officials, officers, employees, agents, consultants and
contractors arising out of or in connection with the performance of the Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages and attorney’s fees and other related costs and expenses. Notwithstanding
the foregoing, to the extent Consultant’s Services are subject to Civil Code Section
2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant. Consultant shall defend with
Legal Counsel of City’s choosing, at Consultant’s own cost, expense and risk, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be
brought or instituted against City, its directors, officials, officers, and employees.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, and employees, in any such suit, action or
other legal proceeding arising from Consultant’s performance of the Services, the
Project or this Agreement; except to the extent that liability is caused by the active
negligence or willful misconduct by the City or its directors, officials, officers, and
employees. Consultant shall reimburse City and its directors, officials, officers, and
employees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant’s
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
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the City, its directors, officials, officers, and employees, and shall take effect
immediately upon execution of this Agreement.
3.5.5.2 The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7 Attorney’s Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorneys’ fees and all other costs of such
action.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
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and employees except as otherwise specified in this Agreement. The captions of the
various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
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3.5.21 Authority to Enter 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 bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.5.23 Exhibits and Recitals. All Exhibits and Recitals contained herein
are hereby incorporated into this Agreement by this reference.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
In witness whereof the Parties have executed this Professional Services
Agreement on the date set forth below.
[SIGNATURES ON NEXT PAGE]
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CITY OF ARCADIA BEST BEST & KRIEGER
By __ By ____________________________
Dominic Lazzaretto Signature
City Manager
Date: ______________________ ______________________________
Print Name and Title
ATTEST: Date: _________________________
___________________________ By____________________________
City Clerk Signature
APPROVED AS TO FORM: ______________________________
Print Name and Title
___________________________ Date: _________________________
Stephen P. Deitsch
City Attorney CONCUR:
______________________________
Tom Tait
Public Works Services Director
A-1
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide federal advocacy and consulting services for the Rio Hondo-
San Gabriel River Watershed Group – comprised of the Cities of Arcadia, Bradbury,
Duarte, Monrovia, and Sierra Madre (“Group”), to secure grant funding for water and
stormwater related projects and shall include, but is not limited to the following tasks:
A. Identify and Assist with Funding Opportunities: Consultant shall utilizing
their unique relationships to monitor federal grant programs and other funding
opportunities with a special focus on federal grants and appropriations process.
Consultant shall target the Army Corps of Engineers, the Environmental
Protection Agency, and the Bureau of Reclamation for federal funding
partnerhsips.
B. Advocacy and Update: Consultant shall represent the Group before Congress
and federal agencies by educating key stakeholders on the Rio Hondo-San
Gabriel River Watershed Group’s project and their benefits.
C. Relationship and Coalition Building: Consultant shall set meetings with key
decision makers and build coalitions to secure support for federal grant
applicatins.
• The projects that the Consultant shall work on for the Group will include:
o Arcadia Wash Ecosystem Restoration Project at the Arboretum
o Rio Hondo Ecosystem Restoration Project
o Arcadia Wash Water Conservation Diversion Project
o Enancto Park Stormwater Capture Project
o Basin 3E Enhancements at Santa Fe Spreading Grounds
B-1
Exhibit "B"
SCHEDULE OF SERVICES
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one year from the date of execution. All task
schedules under Exhibit “A” shall be adhered to and executed accordingly.
C-1
Exhibit "C"
COMPENSATION
Compensation shall be based on time and materials spent in accordance with the
following tasks, not to exceed the total compensation listed:
Professional Lobbying and Consulting Services $25,323.08
To Secure Grant Funding for Water and Stormwater
Related Projects
Total Compensation: $25,323.08
The total compensation shall not exceed the total listed without written authorization in
accordance with Section 3.3.1 of this agreement. Monthly rate fee information is
attached.