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HomeMy WebLinkAboutC-3194 - Federal Legislative Advocacy Services for Water Resources Projects for FY 2000-2001i Capital PAdects and Contracts Administration Contract Encumbrance Number: Ci�`t lYV Project Title: Federal Representation CIP Budget Page k Vendor Name: BALL JANIK LLP Vendor Address: 101 Southwest Main Street, Ste. 1100 Portland, OR 92704 -3219 Phone: (503) 228 -2525 / (503) 295 -1058 Fax Description of Services: Federal Funding Assistance for BCR Additional Comments: Project Manager: Eldon Davidson Date: 03/16/01 Vendor Number: 2343 Fund Division Project Number & Title Amount: Available Balance 500 7503 C550(5460 - Repairs & Betterments to Wells & Pump Stations $ 30,000.00 $ 72,331.92 Total: $ 30,000.00 Project Manager Signature: Department H arson Authoraed to Execute Encumbrances) Administrative Services Department Authorization: Date: Date: BALL JANIK LLP A T T O R N E Y S 101 SOUTHWESTMAINSTREET. Surm 1100 PORTLAND. OREGON 97204 -3219 www.bal0ank.com JAMES A. BEALL TINE 503- 228 -2525 bjll .com E PACSmw 503- 295 -1058 J bean @ J P ALSO ADMITTED IN DISTRICT OF COLUMBIA December 13, 2000 Mr. Eldon Davidson Services Manager, Utilities Office City of Newport Beach, CA 949 West 16th Street Newport Beach, CA 92663 Re: Representation of City of Newport Beach Water Department Dear Eldon: I was pleased to hear that the City Council approved Ball JanA LJ_P's proposal to provide federal representation to the Water Department of the City of Newport Beach. This communication will constitute a. letter of agreement for services rendered on behalf of the Water Department of the City of Newport Beach by Bali Janik LLP. Ball Janik LLP will provide the services of Victoria Cram as Project Manager for all work performed and as such, she is responsible for developing the appropriate strategy for success in achieving funding for the Big Canyon Reservoir improvements. She will work with you and the City's other consultant, Steve Burknam, in coordinating strategy and providing information on a timely basis. She may call upon the services of other Ball Janik lobbyists as needed. The terms of this agreement will begin on January 1, 2001 and will continue through the calendar year until December 31, 2001. Ball Janik's fee will be $2,500 per month plus out of pocket expenses which will include travel within Washington. DC, long distance charges, overnight mail, copying charges; etc. 'typically these charges tend to approximate 10% of our monthly fee. Travel outside of Washington DC is not anticipated, but would only occur if arranged with the prior consent of the client. office. If this letter meets with your approval, please sign below and fax it back to my ::ODMA\PCDOCS\PORTLAND\27 i 188`1 Porn . Onmc WASHINGTON. D.C. Be . ORecon BALL JAN1K LLP i Mr. Eldon Davidson December 13, 2000 Page 2 Ball Janik LLP is honored to lave the opportunity to work with you and the City of Newport Beach again. Best wishes fo a happy holiday season. &WOMMr� PRIMT I on :Davidso�n For the City of Newport Beach, California cc: Ms. Victoria Cram ::ODMA \PC DOC S\PORTLAND\243188\ 1 9 TO: Mayor and Members of the City Council. FROM: Public Works Department 0 December 12, 2000 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR FEDERAL PROGRAM SUPPORT OF WATER RESOURCE PROJECTS RECOMMENDATIONS: 1. Authorize the retention of Ball Janik LLP to provide legislative advocacy support services to obtain Federal funding for Water Resources Projects for Fiscal Year 2000 -2001 for a fee not to exceed $30,000. 2. Authorize the retention of Bucknam & Associates to provide program management support services for the water resources projects for Fiscal Year 2000 -2001 for a fee not to exceed $8,500. The firm's principal was a City employee for 10 years prior to 1979. DISCUSSION: The Public Works Department is a multifaceted department encompassing numerous functions. Among the many responsibilities of the department is the effective administering of the City s Water Resources Program, which is the responsibility of its Utilities Division. This program comprises several critical areas of water and wastewater management including system planning, infrastructure operations, replacement, and the upgrading of system and emergency services. Over the past few years, the department has been involved in several critical programs that have resulted in a determination of the need for substantial funding to complete studies, designs, and construction of water and wastewater system facilities. One critical project is the Big Canyon Reservoir Cover and Treatment Facilities. Attached is a Fact Sheet (Exhibit A) outlining the proposed project, which is estimated to cost $5,000,000. Other agencies in the Southern California area have been successful in the last few years in securing Federal funds to pay for major portions of similar infrastructure needs. The United States Environmental Protections Agency (USEPA) Environmental Management Program is a likely candidate for funding possibilities. The financial requirement required by the City as a local sponsor would be a 45 percent match of the total project cost, in this case $2,250,000. The Federal cost share, which would be sought, is $2,750,000 or 55 percent of the project cost under this program. Federal support could also come from the following program areas: Water Resources Development Act Section 219 Program — Environmental Infrastructure SUBJECT: Professional Sees Contracts for Federal Program Suppf Water Resource Projects December 12, 2000 Page 2 Housing and Urban Development Economic Development Initiative Program The WATER 21 Authorization Bill planned for introduction in the 107"' Congress Under these Federal programs the City would request an Authorization to cover the cost of the Big Canyon Project with appropriations occurring in subsequent fiscal years. Over the past 5 years several other Southern California agencies have been successful in obtaining over $8 million in grants for similar water resource projects. These agencies are the City of Arcadia, the City of Sierra Madre, the City of Norwalk, the City of Santa Monica, the City of Huntington Beach, and the Twenty-nine Palms Water District. These agencies used legislative advocacy services to gain support and to have the projects included in the required Federal legislation. Even though these agencies had the strong support of their local Congressional Representatives, it was necessary to have a representative from the agency positioned in Washington D.C., to make contacts with a number of committee staff members. The Public Works Department does not have staff with this expertise. In order to augment existing staff capabilities and provide the continued efforts necessary to acquire Federal funds in the coming years, the City will need assistance through a legislative advocacy and program management service. The firm of Ball Janik LLP and Budmam & Associates, Inc., were requested to submit proposals (Exhibits B and C) to provide on -call consultation to the City to promote Federal allocation to help fund the City's water resources program. The proposals provided for the following scope of services: BALL JANIK, LLP — LEGISLATIVE ADVOCACY Provide assistance to the City and its Program Management consultant to develop a rationale for funding improvements for Big Canyon Reservoir. 2. Assist in seeking the appropriate funding vehicle for the project. 3. Coordinate with the City Manager's office and the Public Works Department on the lobbying strategy and approach to ensure that all of the City's appropriation request efforts are consistent and coordinated. 4. Provide liaison with Representatives Cox and Rohrabachet's offices as well as Senators Boxer and Feinstein, committee staff, and agency personnel to ensure an understanding of the project and its goals. 5. Assistance will be provided to urge the inclusion of the project in the congressional delegations' request letters to the appropriate committees, help draft language, monitor committee markups and the drafting of report language in both chambers. 6. Briefings will be provided to the City regarding progress of the program on a monthly basis throughout the assignment. Negotiated Fee for Services will be $30,000 ($2500 per Month for 12 months). SUBJECT: Professional Slices Contracts for Federal Program Sup pof Water Resource Projects December 12, 2000 Page 3 Ball Janik has provided legislative advocacy services to the City in the past on several programs. They are currently providing services to several West Coast cities: • Modesto, California • Portland, Oregon • Bellevue, Washington BUCKNAM AND ASSOCIATES, INC. — PROGRAM MANAGEMENT 1. Consultation in conjunction with the City's Federal Appropriations Request for Fiscal Year 2001-02. 2. Provide the conceptual development of Federal funding program proposals for authorizations and appropriations under the U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, and Federal Emergency Management Agency Programs. 3. Liaison, technical consultation, and coordination with the City's administrative staff relative to legislative advocacy. 4. Consultation in Conjunction with State and Regional funding programs for potential matching funds. 5. Technical assistance in working with the State Office of Emergency Services (OES) in seeking Pre - Disaster Mitigation Grants for seismic risk to water and wastewater systems. 6. Technical assistance in seeking supplemental State and Regional funding to match Federal funding appropriations. 7. Assistance in preparing State Infrastructure Bank Loan Applications for selected infrastructure improvement programs and projects if required. 8. Technical Assistance in Federal, State, and Regional Funding Programs. 9. Coordination with Public Works Department — Utilities Division staff to provide technical support and program management, on an on -call basis, for projects subject to consideration for Federal or State funding. 10. Coordination regarding potential cooperative projects with and funding from public agencies such as the Municipal Water District of Orange County (MWDOC), or the Metropolitan Water District of Southern California (MWD) and other water purveyors. Contract performance reviews will be conducted with the City on a monthly basis throughout the duration of the consulting assignment to assure both performance and fiscal goals are being met. Written status reports will be prepared on a monthly basis and submitted with monthly invoices for the program services delivered. These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E., who will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer, and Chief Engineer of Utilities, has over 33 years of experience - half of which SUBJECT: Professional Se s Contracts for Federal Program Supp�of Water Resource Projects December 12, 2000 Page 4 was in - the public sector in responsible management positions. Recent consulting assignments include Program Management support for Federal and State program funding for the cities of Arcadia, Siena Madre, Norwalk, Huntington Beach, Santa Monica, and Newport Beach. Mr. Bucknam served the City during the period of 1969 through 1979 in various positions ranging from Project Engineer to Design Division Engineer in the Public Works Department. City Council Policy J -1 requires approval by the Council of Professional Services Agreements with prior City -employees. Negotiated Fee for Services will be $8,500. Ball Janik and Bucknam & Associates, have extensive experience in the Federal support programs area for Water Resources and Public Works Programs. Ball Janik has been successful in obtaining over $200 million in Federal Funding for Public Works Projects. Bucknam and Associates has been successful in obtaining over $8 million in Federal funding for Water Resources Projects. To further improve the City's chances for obtaining Federal funding, it would be beneficial for a City Council Member to visit with legislators in Washington D.C. during March of 2001, to help explain our project scope and needs. There are sufficient funds for the services to be provided by these firms in the following account: Account Name Account Number Amount Water Enterprise 7503- C5500460 $38,000 Respectfully sub itte , PUBLIC WORKS DEPARTMENT Don Webb, Director e1 By: 166 y A Eldon G. Davidson, P.E. Utilities Manager Attachments: Exhibit A: Fact Sheet - Big Canyon Reservoir Cover & Treatment Facilities Exhibit B: Ball Janik Proposal Exhibit C: Bucknam & Associates Proposal Exhibit A EPA Environmentallknagement Program — Funding Ocluest .Fact Sheet — City of Newport Beach California Big Canyon Reservoir Cover and Treatment Facilities Background Since 1959 the City of Newport Beach has been operating the 600 -acre foot Big Canyon Reservoir, a terminal finished water reservoir facility. The reservoir receives water from two sources, an imported supply delivered from the Metropolitan Water District of Southern California (MWDSC) and a local groundwater supply located in the nearby City of Fountain Valley, California. The State of California, Department of Health Services (DHS) has required the City to either design and construct a floating cover for this open reservoir or to provide advanced water treatment on all domestic water discharged from the facility into the City's water system. The City has decided to opt for the floating cover alternate and has completed a Pre - Design Report in 1995. A consultant is under contract for the design of the facility at this writing. Environmental documentation under the California Environmental Quality Act (CEQA) has been completed. Installation of this cover is imperative in order to continue to safeguard the quality of the drinking water supply being served to the City's constituents. Installation of the cover will also allow the City to develop a chloraminated water treatment system. These steps will assure that the City will continue to be able to meet all federal and state drinking water standards. The City has funded the Pre - Design Report, Environmental Documentation and design Services with its own water revenue funds. With the study phase completed and portions of the design phase nearing completion, federal funds are sought through the United States Environmental Protection Agency (USEPA) Environmental Management Programs to commence construction of this project. Project Scope This project anticipated for construction in Fiscal Year 2002 has an estimated total construction costs of approximately $5,000,000. The project scope includes the following primary elements: 0 Installation of a floating Hypalon cover over the entire surface of the 600 acre -foot Big Canyon Reservoir O Structural reinforcement of the reservoir embankments and mechanical appurtenances to meet current seismic standards as well as monitoring requirements of the State of California Division of Safety of Dams 0 Upgrading of a groundwater wellpoint system to collect provide monitoring and to collect outflow from the reservoir liner 0 Conversion of the existing chlorination disinfection system to a choramination disinfection system for compatibility with MWDSC's imported water treatment chemistry 0 Repair of the existing asphalt concrete interior liner 0 Miscellaneous site improvements required due to cover installation (i.e. concrete anchor curb, roadway access improvements & relocation of existing perimeter fencing) Requested Funding 0 The requested funding for the construction of a floating cover, structural reinforcement and treatment facility modifications to provide a safe and reliable source of supply is $2,750,000 (55 %) in federal funds with an assumed local sponsor match of $2,250,000 (45 %). r-1 Proposed Programs Appropriations under Clean Water Act Requesting funding of $2,750,000 through the Environmental Protection Agency's (EPA) Environmental Management Program of the Clean Water Act. This program would assume a 55% Federal / 45 % local Sponsor match. Local funds in the amount of $2,250,000 would supplement that federal appropriation for a total project cost of $5,000,000. This appropriation would provide for the construction of improvements at the City's Big Canyon Reservoir facility to which will increase water supply reliability and water quality thus protecting public health and safety. A detailed Fact Sheet is attached describing the proposed project. Modifications to Water Resources Development Act (WRDA) Authorization of funding under Section 219 of WRDA's Environmental Infrastructure Program for speck water and wastewater programs aimed at protecting and enhancing water quality in the City's domestic water system. A target authorization of $2,500,000 is sought for construction of the Big Canyon Reservoir project. The City would provide a local match of $2,500,000 under this program. Future cost sharing ratios under this program would be assumed at 75% Federal to 25 % Local for planning and design and 50% federal and 50% local for construction. Modifications to the Stafford Act As a follow -up to this year's (FY2000) appropriation from the Stafford Act to modify the FEMA / OES Regional Assessment of Mitigation Priorities (RAMP) Model; to adapt to water infrastructure and other utility systems; a request is made for the following authorization: That the Stafford Act be modified to include funding for pre - disaster mitigation projects including planning, design and construction programs related to seismic reliability without the necessity of a Federal disaster being declared. If there is a potential to gain an authorization under the modified program; the Newport Big Canyon project, may be eligible pending testing by the RAMP model, is estimated to be a maximum of $5,000,000. Support for National Water Infrastructure Policy — WATER 21 Support efforts of the Congressional Water Infrastructure Caucus Co-Chaired by Congressman Sherwood Boehlert (R -NY) to introduce a bill in the 107"' Congress designated as WATER 21. This action would be based upon concepts set forth in the congressman's testimony at a press conference held in Washington DC on September 19, 2000. He called for an increased commitment by the federal government in helping municipalities maintain their water and sewer facilities. The program is outlined in a report by the Water'fnfrastructure Network (WIN) in a report entitled "Clean Safe Water for the 216t Century." published in 2000. Supporting this effort is a report from the General Accounting Office entitled " Drinking Water, Spending Constraints Could Affect States' Ability to Meeting Increasing Program Requirements," a statement made by Peter Guerrero, Director, Environmental Issues Resources, Community, and Economic Development Division of the GAO on September 19, 2000 before the House Subcommittee on Health and Environment. If this legislation moves ahead, provisions to include the projects, described above under WRDA and the CWA, in the authorizing legislation should be made. LAIIIUI4 D 0 BALL JANIK LLP • A T T O R N E Y S 14SS FSTREEr. NW, Sucre 22S WASwNVroN, D.C. 20005 www.baUranik.c= TmzmiQ E 202638 -3307 FACS&MZ 202 - 783-6947 November 21, 2000 Mr. Eldon Davidson Services Manager, Water Department City of Newport Beach 949 West 16f' Street Newport Beach, CA 92663 Dear Eldon` It was great talking to you yesterday after such a long time and to hear that all is going well with you. In response to your request, I appreciate the opportunity to provide you with this proposal for federal representation. BALL JANIK LLP Ball Janik's expertise, skills and acumen in federal representation of local governments are unmatched. We have worked diligently to become one of the premier lobbying firms representing interests located on the West Coast. We are proud of our reputation for fine client service and our proven track record of success. We propose that Victoria Cram serve as Project Manager for all work performed for the City of Newport Beach's Department of Water and as such, would be responsible for developing the appropriate strategy for success in achieving funding for the Big Canyon Reservoir improvements. Although Ms. Cram would perform most of the work, she could call upon the services of six experienced lobbyists as needed. Ms. Cram has provided federal representation for cities for 18 years in Washington D.C. Her clients include the cities of Portland, Oregon, Bellevue, Washington, and Modesto, California. As you know, she has also worked for the City of Newport Beach on a number of priority projects. SCOPE OF SERVICES The City of Newport Beach's Department of Water is seeking a firm to find federal funding for improvements to the Big Canyon Reservoir. Ms. Cram would work with the Department and its representatives, such as Steve Bucknam, to PORTLAND, OREGON WASHINGTON. D.C. BEND. OREGON BALL JANIK LLP • • develop a rationale for funding improvements to the reservoir. Once the perimeters of the project are established, she would seek the appropriate funding vehicle for it — either through the Water Resources Development Act Section 219 environmental management fund or through appropriations from the State and Tribal Assistance Grants (STAG) program at the Environmental Protection Agency. In the recently passed Fiscal Year 2001 appropriations bill for the Departments of Veterans Affairs, HUD and Independent Agencies (including EPA), the STAG program included 327 earmarked projects for "water and sewer infrastructure improvements ". Some projects of a similar nature were also funded in the same bill under the Department of Housing and Urban Development's Economic Development Initiative program. The next Congress will potentially consider a new authorizing vehicle to fund the enormous backlog of unmet water and sewer needs nationwide. This legislation, which has been the focus of a large public and private sector educational effort, will likely be drafted with the help of the newly formed House Caucus to address sewer and water infrastructure issues. It may also present opportunities for specific projects to receive authorization for funding as it may be modeled after the landmark transportation bill, the Transportation Equity Act of the 21St Century. The lobbying strategy and approach that will ultimately be chosen must be achieved in consultation with the City Manager's office to ensure that all the City's appropriation request efforts are consistent and coordinated. Ms. Cram would then work closely with Senators Boxer and Feinstein, and Representatives Cox and Rohrabacher, as well as with. Committee staff and agency personnel to ensure an understanding of the project. She would urge the inclusion of the project in the congressional delegation's request letters to the appropriate committees, help draft language, monitor committee mark ups and the drafting of report language in both chambers. Throughout the process she would keep the client informed of progress on a regular basis. ESTIMATE OF COST Ball Janik has a variety of billing arrangements with its clients and is willing to entertain any reasonable arrangement that would be of interest to the City. A number of our clients desire to be billed at an hourly rate plus out of pocket expenses. Ms. Cram's hourly rate is $200 while that of her associate, John Lopez, is $125. Out of pocket expenses are itemized each month on our billing statements and tend to approximate 10% of total fees. They include faxes, long distance phone, copying, overnight mail, travel and meals. Typically, travel outside of Washington D.C. is only arranged with prior consent of the client. BALL JANIK LLP • • Other clients prefer to be billed at a flat monthly rate plus expenses not to exceed a certain amount. Our public sector clients who must adhere to strict, proscribed budgets regardless of workload typically prefer this arrangement. Our perception is that the City of Newport Beach's Department of Water's interests (which will be limited to one project— funding for the reservoir) would represent approximately $2500 per month of time appropriately allocated to various individuals with their varying hourly rates. Again, the out of pocket expenses are likely to average about $300 per month or less. This estimate is based upon our understanding of the City's needs and our experience in representing numerous other local governmental entities. In conclusion, thank you for considering our services. We are excited to have the opportunity to propose to represent the City in Washington DC again and look forward to talking with you soon. I am sending via overnight mail some attachments to supplement the information in this letter, including background information on myself and other lobbyists in the firm. Have a great Thanksgiving! Sincerely, Victoria Cram 30131 Town Center Drive, Suite 295 Laguna Niguel, CA 92677 (949) 3936451, (949) 363.6505 Fax Email: csbjr@prodigynet November 27, 2000 City of Newport Beach 3300 Newport. Boulevard Newport Beach, CA 92658 Attn: Eldon G. Davidson, PE Utilities Services Manager Exhibit C Management studies & Services Public Works Management Water Resources Planning -.::'::City Engineering services Operational Studies Subject Proposal for Professional Services - Program Management Support Federal, State and Regional Grant & Loan Programs Dear Eldon: Thank you for the opportunity to present this proposal to provide on -call consultation to the City in conjunction with support service to identify and develop funding opportunities for its Public Works infrastructure programs. Based upon our recent discussions the work will involve the following basic services: 1. Consultation in Conjunction with the City's Federal Appropriations RequestforFY 2001 -02 ♦ Provide consultation relative to the conceptual development of federal funding program proposals forAuthorizations and Appropriations under the U.S. Environmental Protection Agency (EPA), U.S. Army -Corps of Engineers, and Federal Emergency Management Agency Programs ♦ Liaison, technical consultation and coordination with the Citys City administrative staff relative to legislative advocacy. 2. Consultation in Conjunction with State and Regional Funding Programs • Technical assistance in working with the State Office of Emergency Services (OES) in seeking Pre - Disaster Mitigation Grants for seismic risk to water and wastewater systems. • Technical assistance in seeking supplemental State and Regional funding to match federal funding appropriations. • Assistance in preparing State Infrastructure Bank Loan Applications for selected infrastructure improvement programs and projects if required. 0 • 3. Technical Assistance in Federal, State Programs and Regional Funding Programs • Coordination with Public Works Department— Utilities Division staff to provide technical support and program management, on an on -call basis, for projects subject to consideration for federal or state funding. Coordination regarding potential cooperative projects with public agencies such as the County Sanitation Districts of Orange County (CSDOC), Orange County Water District (OCWD), Municipal Water District of.Orange County (MWDOC), or the Metropolitan Water District of Southern California (MET). It is suggested that contract performance reviews with the Utilities Services Manager be conducted on a monthly basis throughout the duration of the consulting assignment; to assure that both performance and fiscal goals are met. Written status reports will be prepared on a monthly basis and submitted with monthly invoices for the program services delivered. These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E. who will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer and Chief Engineer of Utilities has over 33 years of experience; half of which was in the public sector in responsible management positions. Recent consulting assignments have included: Program Management support for federal and state program funding for the cities of Arcadia, Sierra Madre, Norwalk, Huntington Beach, Santa Monica and Newport Beach. Program planning services for the cities of Huntington Beach, Newport Beach, Rancho Cucamonga, Huntington Beach, Westminster, Cypress and Arcadia. Support services will be made available to the City through key Bucknam & Associates staff and sub - consultants in functional areas of administration, financial, institutional and legislative liaison practice. Providing sub consultant support on technical matters would be Wayne T. Grandin, and Karl Wiebe. These support services would be provided where appropriate and only if pre - approved by the City. Detailed resumes and references for Mr. Bucknam and the key support staff can be provided upon request Task Items 1 through 3 can be accomplished on a time and materials basis not to exceed basis in accordance with the standard hourly rate schedule attached. An anticipated budget through the end of Fiscal Year 2000101 would be $8,500. Should the City desire to increase or decrease the service level above that described or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parities. Please note that we consider the level of work efforts described above and compensation for same to be fully negotiable. I would be glad to meet with you to discuss the specifics of this proposal at your convenience. Thank you for considering our services, we look forward to providing consulting services to the City on its water resources programs. Please call me if you have any questions in regard to this proposal at (949) 363 -6461. h Very truly yours, • • C. Stephen Bucknam Jr., P.E. President Encl.: cc: M. Dickens 0 TO: Mayor and Members of the City Council FROM: Public Works Department lag) December 12, 2000 CITY COUNCIL AGENDA ITEM NO. 13 SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR FEDERAL PROGRAM SUPPORT OF WATER RESOURCE PROJECTS RECOMMENDATIONS: 1. Authorize the retention of Ball Janik LLP to provide legislative advocacy support services to obtain Federal funding for Water Resources Projects for Fiscal Year 2000 -2001 for a fee not to exceed $30,000. 2. Authorize the retention of Bucknam & Associates to provide program management support services for the water resources projects for Fiscal Year 2000 -2001 for a fee not to exceed $8,500. The firm's principal was a City employee for 10 years prior to 1979. DISCUSSION: The Public Works Department is a multi- faceted department encompassing numerous functions. Among the many responsibilities of the department is the effective administering of the Citys Water Resources Program, which is the responsibility of its Utilities Division. This program comprises several critical areas of water and wastewater management including system planning, infrastructure operations, replacement, and the upgrading of system and emergency services. Over the past few years, the department has been involved in several critical programs that have resulted in a determination of the need for substantial funding to complete studies, designs, and construction of water and wastewater system facilities. One critical project is the Big Canyon Reservoir Cover and Treatment Facilities. Attached is a Fact Sheet (Exhibit A) outlining the proposed project, which is estimated to cost $5,000,000. Other agencies in the Southern California area have been successful in the last few years in securing Federal funds to pay for major portions of similar infrastructure needs. The United States Environmental Protections Agency (USEPA) Environmental Management Program is a likely candidate for funding possibilities. The financial requirement required by the City as a local sponsor would be a 45 percent match of the total project cost, in this case $2,250,000. The Federal cost share, which would be sought, is $2,750,000 or 55 percent of the project cost under this program. Federal support could also come from the following program areas: Water Resources Development Act Section 219 Program — Environmental Infrastructure 0 0 SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects December 12, 2000 Page 2 • Housing and Urban Development Economic Development Initiative Program • The WATER 21 Authorization Bill planned for introduction in the 107"' Congress Under these Federal programs the City would request an Authorization to cover the cost of the Big Canyon Project with appropriations occurring in subsequent fiscal years. Over the past 5 years several other Southern California agencies have been successful in obtaining over $8 million in grants for similar water resource projects. These agencies are the City of Arcadia, the City of Siena Madre, the City of Norwalk, the City of Santa Monica, the City of Huntington Beach, and the Twenty-nine Palms Water District. These agencies used legislative advocacy services to gain support and to have the projects included in the required Federal legislation. Even though these agencies had the strong support of their local Congressional Representatives, it was necessary to have a representative from the agency positioned in Washington D.C., to make contacts with a number of committee staff members. The Public Works Department does not have staff with this expertise. In order to augment existing staff capabilities and provide the continued efforts necessary to acquire Federal funds in the coming years, the City will need assistance through a legislative advocacy and program management service. The firm of Ball Janik LLP and Bucknam & Associates, Inc., were requested to submit proposals (Exhibits B and C) to provide on -call consultation to the City to promote Federal allocation to help fund the City s water resources program. The proposals provided for the following scope of services: BALL JANIK, LLP — LEGISLATIVE ADVOCACY 1. Provide assistance to the City and its Program Management consultant to develop a rationale for funding improvements for Big Canyon Reservoir. 2. Assist in seeking the appropriate funding vehicle for the project. 3. Coordinate with the City Manager's office and the Public Works Department on the lobbying strategy and approach to ensure that all of the City's appropriation request efforts are consistent and coordinated. 4. Provide liaison with Representatives Cox and Rohrabacher's offices as well as Senators Boxer and Feinstein, committee staff, and agency personnel to ensure an understanding of the project and its goals. 5. Assistance will be provided to urge the inclusion of the project in the congressional delegations' request letters to the appropriate committees, help draft language, monitor committee markups and the drafting of report language in both chambers. 6. Briefings will be provided to the City regarding progress of the program on a monthly basis throughout the assignment. Negotiated Fee for Services will be $30,000 ($2500 per Month for 12 months). SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects December 12, 2000 Page 3 Ball Janik has provided legislative advocacy services to the City in the past on several programs. They are currently providing services to several West Coast cities: • Modesto, California • Portland, Oregon • Bellevue, Washington BUCKNAM AND ASSOCIATES, INC. — PROGRAM MANAGEMENT 1. Consultation in conjunction with the City's Federal Appropriations Request for Fiscal Year 2001 -02. 2. Provide the conceptual development of Federal funding program proposals for authorizations and appropriations under the U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, and Federal Emergency Management Agency Programs. 3. Liaison, technical consultation, and coordination with the City's administrative staff relative to legislative advocacy. 4. Consultation in Conjunction with State and Regional funding programs for potential matching funds. 5. Technical assistance in working with the State Office of Emergency Services (OES) in seeking Pre - Disaster Mitigation Grants for seismic risk to water and wastewater systems. 6. Technical assistance in seeking supplemental State and Regional funding to match Federal funding appropriations. 7. Assistance in preparing State Infrastructure Bank Loan Applications for selected infrastructure improvement programs and projects if required. 8. Technical Assistance in Federal, State, and Regional Funding Programs. 9. Coordination with Public Works Department — Utilities Division staff to provide technical support and program management, on an on -call basis, for projects subject to consideration for Federal or State funding. 10. Coordination regarding potential cooperative projects with and funding from public agencies such as the Municipal Water District of Orange County (MWDOC), or the Metropolitan Water District of Southern California (MWD) and other water purveyors. Contract performance reviews will be conducted with the City on a monthly basis throughout the duration of the consulting assignment to assure both performance and fiscal goals are being met. Written status reports will be prepared on a monthly basis and submitted with monthly invoices for the program services delivered. These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E., who will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer, and Chief Engineer of Utilities, has over 33 years of experience - half of which V SUBJECT: Professional Services Contracts for Federal Program Support of Water Resource Projects December 12, 2000 Page 4 was in the public sector in responsible management positions. Recent consulting assignments include Program Management support for Federal and State program funding for the cities of Arcadia, Sierra Madre, Norwalk, Huntington Beach, Santa Monica, and Newport Beach. Mr. Bucknam served the City during the period of 1969 through 1979 in various positions ranging from Project Engineer to Design Division Engineer in the Public Works Department. City Council Policy J -1 requires approval by the Council of Professional Services Agreements with prior City employees. Negotiated Fee for Services will be $8,500. Ball Janik and Bucknam & Associates, have extensive experience in the Federal support programs area for Water Resources and Public Works Programs. Ball Janik has been successful in obtaining over $200 million in Federal Funding for Public Works Projects. Bucknam and Associates has been successful in obtaining over $8 million in Federal funding for Water Resources Projects. To further improve the City s chances for obtaining Federal funding, it would be beneficial for a City Council Member to visit with legislators in Washington D.C. during March of 2001, to help explain our project scope and needs. There are sufficient funds for the services to be provided by these firms in the following account: Account Name Account Number Amount Water Enterprise 7503- C5500460 $38,000 Respectfully sub itt , PUBLIC WORKS DEPARTMENT Don Web /b, Director^ 1 By: ; 6Mw�. /d�J�,Cy,r l�� . � 'g/1J- Eldon Eldon G. Davidson, P.E. Utilities Manager Attachments: Exhibit A: Fact Sheet - Big Canyon Reservoir Cover & Treatment Facilities Exhibit B: Ball Janik Proposal Exhibit C: Bucknam & Associates Proposal • • Exhibit A EPA Environmental Management Program — Funding Request Fact Sheet — City of Newport Beach California Big Canyon Reservoir Cover and Treatment Facilities Background Since 1959 the City of Newport Beach has been operating the 600 -acre foot Big Canyon Reservoir, a terminal finished water reservoir facility. The reservoir receives water from two sources, an imported supply delivered from the Metropolitan Water District of Southern California (MWDSC) and a local groundwater supply located in the nearby City of Fountain Valley, California. The State of California, Department of Health Services (DHS) has required the City to either design and construct a floating cover for this open reservoir or to provide advanced water treatment on all domestic water discharged from the facility into the City's water system. The City has decided to opt for the floating cover alternate and has completed a Pre - Design Report in 1995. A consultant is under contract for the design of the facility at this writing. Environmental documentation under the California Environmental Quality Act (CEQA) has been completed. Installation of this cover is imperative in order to continue to safeguard the quality of the drinking water supply being served to the City's constituents. Installation of the cover will also allow the City to develop a chloraminated water treatment system. These steps will assure that the City will continue to be able to meet all federal and state drinking water standards. The City has funded the Pre - Design Report, Environmental Documentation and design Services with its own water revenue funds. With the study phase completed and portions of the design phase nearing completion, federal funds are sought through the United States Environmental Protection Agency (USEPA) Environmental Management Programs to commence construction of this project. Project Scope This project anticipated for construction in Fiscal Year 2002 has an estimated total construction costs of approximately $5,000,000. The project scope includes the following primary elements: O Installation of a floating Hypalon cover over the entire surface of the 600 acre -foot Big Canyon Reservoir O Structural reinforcement of the reservoir embankments and mechanical appurtenances to meet current seismic standards as well as monitoring requirements of the State of California Division of Safety of Dams O Upgrading of a groundwater welipoint system to collect provide monitoring and to collect outflow from the reservoir liner O Conversion of the existing chlorination disinfection system to a choramination disinfection system for compatibility with MWDSC's imported water treatment chemistry • Repair of the existing asphalt concrete interior liner • Miscellaneous site improvements required due to cover installation (i.e. concrete anchor curb, roadway access improvements & relocation of existing perimeter fencing) • • Requested Funding The requested funding for the construction of a floating cover, structural reinforcement and treatment facility modifications to provide a safe and reliable source of supply is $2,750,000 (55 %) in federal funds with an assumed local sponsor match of $2,250,000 (45 %). Proposed Programs Appropriations under Clean Water Act Requesting funding of $2,750,000 through the Environmental Protection Agency's (EPA) Environmental Management Program of the Clean Water Act. This program would assume a 55% Federal / 45 % Local Sponsor match. Local funds in the amount of $2,250,000 would supplement that federal appropriation for a total project cost of $5,000,000. This appropriation would provide for the construction of improvements at the City's Big Canyon Reservoir facility to which will increase water supply reliability and water quality thus protecting public health and safety. A detailed Fact Sheet is attached describing the proposed project. Modifications to Water Resources Development Act (WRDA) Authorization of funding under Section 219 of WRDA's Environmental Infrastructure Program for specific water and wastewater programs aimed at protecting and enhancing water quality in the City's domestic water system. A target authorization of $2,500,000 is sought for construction of the Big Canyon Reservoir project. The City would provide a local match of $2,500,000 under this program. Future cost sharing ratios under this program would be assumed at 75% Federal to 25 % Local for planning and design and 50% federal and 50% local for construction. Modifications to the Stafford Act As a follow -up to this year' s (FY2000) appropriation from the Stafford Act to modify the FEMA / OES Regional Assessment of Mitigation Priorities (RAMP) Model; to adapt to water infrastructure and other utility systems; a request is made for the following authorization: That the Stafford Act be modified to include funding for pre - disaster mitigation projects including planning, design and construction programs related to seismic reliability without the necessity of a Federal disaster being declared. If there is a potential to gain an authorization under the modified program; the Newport Big Canyon project, may be eligible pending testing by the RAMP model, is estimated to be a maximum of $5,000,000. Support for National Water Infrastructure Policy — WATER 21 Support efforts of the Congressional Water Infrastructure Caucus Co-Chaired by Congressman Sherwood Boehlert (R -NY) to introduce a bill in the 107"' Congress designated as WATER 21. This action would be based upon concepts set forth in the congressman's testimony at a press conference held in Washington DC on September 19, 2000. He called for an increased commitment by the federal government in helping municipalities maintain their water and sewer facilities. The program is outlined in a 0 0 report by the Water Infrastructure Network (WIN) in a report entitled "Clean Safe Water for the 21" Century." published in 2000. Supporting this effort is a report from the General Accounting Office entitled " Drinking Water, Spending Constraints Could Affect States' Ability to Meeting Increasing Program Requirements," a statement made by Peter Guerrero, Director, Environmental Issues Resources, Community, and Economic Development Division of the GAO on September 19, 2000 before the House Subcommittee on Health and Environment. If this legislation moves ahead, provisions to include the projects, described above under WRDA and the CWA, in the authorizing legislation should be made. Exhibit B • BALL JANIK LLF • A T T O R N E Y S 1455 FSTREsT. NW, StmB 225 WAswNCroN,D.C.20005 www.baWanik.00m TELEPRONa 20263 &3307 FAcsvmE 202 - 7838947 November 21, 2000 Mr. Eldon Davidson Services Manager, Water Department City of Newport Beach 949 West 16th Street Newport Beach, CA 92663 Dear Eldon: It was great talking to you yesterday after such a long time and to hear that all is going well with you. In response to your request, I appreciate the opportunity to provide you with this proposal for federal representation. BALL JANIK LLP Ball Janik's expertise, skills and acumen in federal representation of local governments are unmatched. We have worked diligently to become one of the premier lobbying firms representing interests located on the West Coast. We are proud of our reputation for fine client service and our proven track record of success. We propose that Victoria Cram serve as Project Manager for all work performed for the City of Newport Beach's Department of Water and as such, would be responsible for developing the appropriate strategy for success in achieving funding for the Big Canyon Reservoir improvements. Although Ms. Cram would perform most of the work, she could call upon the services of six experienced lobbyists as needed. Ms. Cram has provided federal representation for cities for 18 years in Washington D.C. Her clients include the cities of Portland, Oregon, Bellevue, Washington, and Modesto, California. As you know, she has also worked for the City of Newport Beach on a number of priority projects. SCOPE OF SERVICES The City of Newport Beach's Department of Water is seeking a firm to find federal funding for improvements to the Big Canyon Reservoir. Ms. Cram would work with the Department and its representatives, such as Steve Bucknam, to PORlUNO. OREOON WASHINGTON. D.C. BF . OREGON BALL JANIK LLP • • develop a rationale for funding improvements to the reservoir. Once the perimeters of the project are established, she would seek the appropriate funding vehicle for it — either through the Water Resources Development Act Section 219 environmental management fund or through appropriations from the State and Tribal Assistance Grants (STAG) program at the Environmental Protection Agency. In the recently passed Fiscal Year 2001 appropriations bill for the Departments of Veterans Affairs, HUD and Independent Agencies (including EPA), the STAG program included 327 earmarked projects for "water and sewer infrastructure improvements ". Some projects of a similar nature were also funded in the same bill under the Department of Housing and Urban Development's Economic Development Initiative program. The next Congress will potentially consider a new authorizing vehicle to fund the enormous backlog of unmet water and sewer needs nationwide. This legislation, which has been the focus of a large public and private sector educational effort, will likely be drafted with the help of the newly formed House Caucus to address sewer and water infrastructure issues. It may also present opportunities for specific projects to receive authorization for funding as it may be modeled after the landmark transportation bill, the Transportation Equity Act of the 21st Century. The lobbying strategy and approach that will ultimately be chosen must be achieved in consultation with the City Manager's office to ensure that all the City's appropriation request efforts are consistent and coordinated. Ms. Cram would then work closely with Senators Boxer and Feinstein, and Representatives Cox and Rohrabacher, as well as with Committee staff and agency personnel to ensure an understanding of the project. She would urge the inclusion of the project in the congressional delegation's request letters to the appropriate committees, help draft language, monitor committee mark ups and the drafting of report language in both chambers. Throughout the process she would keep the client informed of progress on a regular basis. ESTIMATE OF COST Ball Janik has a variety of billing arrangements with its clients and is willing to entertain any reasonable arrangement that would be of interest to the City. A number of our clients desire to be billed at an hourly rate plus out of pocket expenses. Ms. Cram's hourly rate is $200 while that of her associate, John Lopez, is $125. Out of pocket expenses are itemized each month on our billing statements and tend to approximate 10% of total fees. They include faxes, long distance phone, copying, overnight mail, travel and meals. Typically, travel outside of Washington D.C. is only arranged with prior consent of the client. �o BALL JANIK LLP ✓� • Other clients prefer to be billed at a flat monthly rate plus expenses not to exceed a certain amount. Our public sector clients who must adhere to strict, proscribed budgets regardless of workload typically prefer this arrangement. Our perception is that the City of Newport Beach's Department of Water's interests (which will be limited to one project— funding for the reservoir) would represent approximately $2500 per month of time appropriately allocated to various individuals with their varying hourly rates. Again, the out of pocket expenses are likely to average about $300 per month or less. This estimate is based upon our understanding of the City's needs and our experience in representing numerous other local governmental entities. In conclusion, thank you for considering our services. We are excited to have the opportunity to propose to represent the City in Washington DC again and look forward to talking with you soon. I am sending via overnight mail some attachments to supplement the information in this letter, including background information on myself and other lobbyists in the firm. Have a great Thanksgiving! Sincerely, Victoria Cram Exhibit C SW' ca Esc. 30131 Town Center Drive, Suite 296 Laguna Mguel,.CA 92677 (949) 3636461, (949) 3636506 Fax Erroll: csWr@prodigy.net November 27, 2000 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92656 Attn: Eldon G. Davidson, PE Utilities Services Manager Management Studles & Servk:es PuNc works Management water Resources planning .City Engineering Services Operational Studies Subject: Proposal for Professional Services - Program Management Support Federal, State and Regional Grant & Loan Programs Dear Eldon: Thank you for the opportunity to present this proposal to provide on -call consultation to the City in conjunction with support service to identify and develop funding opportunities for its Public Works infrastructure programs. Based upon our recent discussions the work will involve the following basic services: 1. Consultation in Conjunction with the City's Federal Appropriations Request for FY 2001 -02 Provide consultation relative to the conceptual development of federal funding program proposals for Authorizations and Appropriations under the U.S. Environmental Protection Agency. (EPA), U.S. Amty.Corps of Engineers, and Federal Emergency Management Agency Programs ♦ Liaison, technical consultation and coordination with the City's City administrative staff relative to legislative advocacy. 2. Consultation in Conjunction with State and Regional Funding Programs ♦ Technical assistance in working with the State Office of Emergency Services (OES) in seeking Pre - Disaster Mitigation Grants for seismic risk to water and wastewater systems. ♦ Technical assistance in seeking supplemental State and Regional funding to match federal funding appropriations. ♦ Assistance in preparing State Infrastructure Bank Loan Applications for selected infrastructure improvement programs and projects if required. Iy 0 3. Technical Assistance in Federal, State Programs and Regional Funding Programs Coordination with Public Works Department —Utilities Division staff to provide technical support and program management, on an on -call basis, for projects subject to consideration for federal or state funding. Coordination regarding potential cooperative projects with public agencies such as the County Sanitation Districts of Orange County (CSDOC), Orange County Water District (OCWD), Municipal Water District of Orange County (MWDOC), or the Metropolitan Water District of Southern California (MET). It is suggested that contract performance reviews with the Utilities Services Manager be conducted on a monthly basis throughout the duration of the consulting assignment; to assure that both performance and fiscal goals are met. Written status reports will be prepared on a monthly basis and submitted with monthly invoices for the program services delivered. These services will be provided under the leadership of C. Stephen Bucknam Jr., P. E. who will serve as Program Manager. Mr. Bucknam, a former Deputy City Manager, City Engineer and Chief Engineer of Utilities has over 33 years of experience; half of which was in the public sector in responsible management positions. Recent consulting assignments have included: Program Management support for federal and state program funding for the cities of Arcadia, Sierra Madre, Norwalk, Huntington Beach, Santa Monica and Newport Beach. Program planning services for the cities of Huntington Beach, Newport Beach, Rancho Cucamonga, Huntington Beach, Westminster, Cypress and Arcadia. Support services will be made available to the City through key Bucknam S Associates staff and sub - consultants in functional areas of administration, financial, institutional and legislative liaison practice. Providing sub consultant support on technical matters would be Wayne T. Grandin, and Karl Wiebe. These support services would be provided where appropriate and only if pre - approved by the City. Detailed resumes and references for Mr. Bucknam and the key support staff can be provided upon request. Task Items 1 through 3 can be accomplished on a time and materials basis not to exceed basis in accordance with the standard hourly rate schedule attached. An anticipated budget through the end of Fiscal Year 2000101 would be $8,500. Should the City desire to increase or decrease the service level above that described or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parities. Please note that we consider the level of work efforts described above and compensation for same to be fully negotiable. I would be glad to meet with you to discuss the specifics of this proposal at your convenience. Thank you for considering our services, we look forward to providing consulting services to the City on its water resources programs. Please call me if you have any questions in regard to this proposal at (949) 363 -6461. 2 ,f Very truly yours, C. Stephen Bucknam Jr., P.E. President Encl.: cc: M. Dickens .m AGREEMENT FOR SERVICES This Agreement for Services (Agreement) is between the City of Newport Beach (City) and Ball Janik LLP (Contractor). AGREEMENT: 1. SCOPE OF SERVICES A. The Contractor shall provide to the City the following services: 1. Contractor shall, at the direction of the City Manager or his /her designee, develop and implement strategies to successfully promote the City's federal legislative and regulatory objectives. Such program shall target issues of relevance to the City, as communicated by City. 2. Contractor shall represent the City's federal objectives with Members of the Orange County Congressional Delegation, other pertinent Members of Congress, appropriate congressional committees, federal agencies and congressional staff. In addition, Contractor shall maintain effective liaison with public interest groups and coalitions. 3. Contractor shall monitor specified federal legislation, legislative committees, federal agencies, rule making, and the activities of appropriate interest groups which pertain to the federal interests, goals and objectives of the City. 2. COMPENSATION Contractor shall receive a fee not to exceed $6,000 per month for work performed for the City commencing April 1, 1998 and monthly thereafter. Expenses incurred in performing such work will be added to each monthly bill by the Contractor. 3. BILLING AND PAYMENT PROCEDURE On or before the 15th day of each month, Contractor shall submit to the City a request for monthly payment for work performed during the previous month. 4. EFFECTIVE AND TERMINATION DATES A. This Agreement shall be effective as of April 1, 1998 and shall continue each month thereafter through December 31, 1998. B. This Agreement may be extended by mutual written agreement of the Contractor and the City Manager. 5. EARLY TERMINATION OF AGREEMENT A. The City and Contractor, by mutual written agreement, may terminate this Agreement at any time. B. The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate at its sole discretion. C. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. 6. PAYMENT ON EARLY TERMINATION In the event of termination under Section 5 hereof, the City shall pay the Contractor for work performed in accordance with the Agreement prior to the termination date. 7. CITY PROJECT MANAGER A. The City Project Manager shall be the City Manager or such other person as shall be designated in writing by the City Manager. B. The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other actions referred to herein. 8. COMPLIANCE WITH LAWS In connection with its activities under this Agreement, the Contractor shall comply with all applicable federal, state and local laws and regulations. 9. MAINTENANCE OF RECORDS The Contractor shall maintain records on a current basis to support its billings to the City. The City or its authorized representative shall have the authority 18. PROFESSIONAL LIABILITY Contractor shall maintain professional liability insurance which shall provide coverage in the amount of $500,000 to protect Contractor from any and all claims, demands, actions and suits for malpractice arising from the Contractor's work under this Agreement. The Insurance shall provide that the insurance shall not terminate or be canceled without sixty (60) days written notice first being given to the City. 19. AVOIDANCE OF POTENTIAL CONFLICTS Whenever the federal objectives of existing or potential clients could conflict with those of the City, the Contractor shall notify the City. The Contractor shall not advocate or promote any federal objectives on behalf of existing or potential clients that are determined by the City to be in conflict with the City's federal objectives. CONTRA TOR: By: Y Title: �Ah2tul Date: .S ) la.)q &: Tax I.D. No. CITY OF NEWPORT BEACH By: i %i /. Zl eevin 14u;(hy, City Manager Date:, as to form: Attorney • E �J DATE: TO: FROM: SUBJECT: 0 0 March 23, 1998 Agenda Item _ CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 23, 1998 4 CITY MAR 2 31998 Honorable Mayor and Members of the City Council Peggy Ducey, Deputy City Manager Agreement for Services — Federal Legislative Advocacy BACKGROUND Over the past year, the City has retained one firm, Ball -Janik LLP, for legislative advocacy at the federal level. In the past, the City used different lobbyists to cover various issues, including Public Works projects, the Offshore Oil Moratorium, and the El Toro reuse. About ten months ago, the City consolidated all federal issues under Ball- Janik. This consolidation not only saved the City money, but also provided better consistency among all the City's various federal issues. The City's lobbyist at Ball -Janik is Ms. Victoria Cram. Ms. Cram is very knowledgeable not only on the El Toro reuse issue, but other key issues such as the Upper Newport Bay dredging. In fact, Ms. Cram was instrumental in obtaining one million dollars in federal funds last year for the Upper Bay project. The attached agreement is for services for the remainder of the calendar year. At that time, the City will reevaluate the federal issues confronting the City and recommend to the City Council a legislative plan for 1999. RECOMMENDATION Approve the Agreement for Services with Ball -Janik and authorize the City Manager to execute the agreement. C - 3) " (is) AGREEMENT FOR SERVICES This Agreement for Services (Agreement) is between the City of Newport Beach (City) and Ball Janik LLP (Contractor). AACREEMENT: 1. SCOPE OF SERVICES A. The Contractor shall provide to the City the following services: 1. Contractor shall, at the direction of the City Manager or his /her designee, develop and implement strategies to successfully promote the City's federal legislative and regulatory objectives. Such program shall target issues of relevance to the City, as communicated from time -to -time by City. 2. Contractor shall represent the City's federal objectives with Members of the Orange County Congressional Delegation, other pertinent Members of Congress, appropriate congressional committees, federal agencies and congressional staff. In addition, Contractor shall maintain effective liaison with major public interest groups and coalitions. 3. Contractor shall monitor specified federal legislation, legislative committees, federal agencies, rule making, and the activities of appropriate interest groups which pertain to the federal interests, goals and objectives of the City. 2. COMPENSATION A. Contractor shall receive a fee not to exceed $6,000 per month for work performed for the City commencing April 1, 1998 and monthly thereafter. 3. BILLING AND PAYMENT PROCEDURE On or before the 15th day of each month, Contractor shall submit to the City a request for monthly payment for work performed during the previous month. 4. EFFECTIVE AND TERMINATION DATES • A. This Agreement shall be effective as of April 1, 1998 and shall continue each month thereafter through December 31, 1998. is 0 B. This Agreement may be extended by mutual written agreement of the Contractor and the City Manager. 5. EARLY TERMINATION OF AGREEMENT A. The City and Contractor, by mutual written agreement, may terminate this Agreement at any time. B. The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate at its sole discretion. C. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. 6. PAYMENT ON EARLY TERMINATION • In the event of termination under Section 5 hereof, the City shall pay the .Contractor for work performed in accordance with the Agreement prior to the termination date. 7. CITY PROJECT MANAGER A. The City Project Manager shall be the City Manager or such other person as shall be designated in writing by the City Manager. B. The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other actions referred to herein. 8. COMPLIANCE WITH LAWS In connection with its activities under this Agreement, the Contractor shall comply with all applicable federal, state and local laws and regulations. 9. MAINTENANCE OF RECORDS . The Contractor shall maintain records on a current basis to support its billings to the City. The City or its authorized representative shall have the authority to inspect, audit and copy, on reasonable notice and from time -to -time, any . records of the Contractor regarding its billings or its work hereunder. The Contractor shall retain these records for inspection, audit and copying for three years from the date of completion or termination of this Agreement. 10. AUDIT OF PAYMENTS A. The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section 9. B. If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled, then the Contractor shall repay the amount of the excess to the City. 11. INDEMNIFICATION The Contractor shall hold harmless, defend and indemnify the City and the City's officers, agents, and employees against all claims, demands, actions, and suits (including all attorney fees and costs) brought against any of them arising from the Contractor's work or any subcontractor's work under this Agreement. 12. SUBCONTRACTING • The Contractor shall not subcontract its work under this Agreement, in whole or in part, without written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contractor as specified in this Agreement. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder and the City shall incur no obligation other than its obligations to the Contractor hereunder. 13. ASSIGNMENT The Contractor shall not assign this Agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of the City. 14. INDEPENDENT CONTRACTOR STATUS A. The Contractor is engaged as an independent contractor and shall be responsible for any federal, state or local taxes and fees applicable to payments hereunder. B. The Contractor, its subcontractors, and their employees are not • employees of the City and are not eligible for any benefits through the 0 • 0 City, including without limitation health benefits, workers' compensation, unemployment compensation and retirement benefits. 15. NOTICE A. Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: If to the City: Kevin J. Murphy, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 If to the Contractor: 16. CONTRACTOR'S PERSONNEL Jim Beall Ball Janik LLP 1455 F Street, NW Suite 225 Washington, D. C. 20005 The Contractor shall assign the following personnel to do the work in the capacity designated: Name Ca aci Victoria Cram Government Relations Consultant The Contractor shall not change this personnel assignment without the written consent of the City's Project Manager, which consent shall not be unreasonably withheld. 17. AMENDMENTS The City and the Contractor may amend this Agreement at any time only by written amendment executed by the City and the Contractor. Any amendment that increases the amount of compensation payable to the Contractor must be approved by the City Manager. The City Project Manager may agree to and execute any other amendment on behalf of the City. im 19 0 0 PROFESSIONAL LIABILITY 0 Contractor shall maintain professional liability insurance which shall provide coverage in the amount of $500,000 to protect Contractor from any and all claims, demands, actions and suits for malpractice arising from the Contractor's work under this Agreement. The Insurance shall provide that the insurance shall not terminate or be canceled without sixty (60) days written notice first being given to the City. AVOIDANCE OF POTENTIAL CONFLICTS Whenever the federal objectives of existing or potential clients could conflict with those of the City, the Contractor shall notify the City. The Contractor shall not advocate or promote any federal objectives on behalf of existing or potential clients that are determined by the City to be in conflict with the City's federal objectives. CONTRACTOR: By: Title: Date: Tax I.D. No. CITY OF NEWPORT BEACH a Date: Approved as to form: Kevin Murphy, City Manager City Attorney 0 •