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
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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
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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
•
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�J
DATE:
TO:
FROM:
SUBJECT:
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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
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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
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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
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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
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