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HomeMy WebLinkAboutC-4032 - PSA for Governmental Advocacy1. PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES, INC. FOR GOVERNMENTALADVOCACY THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement") is made and entered into as of this 12"' day of February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VAN SCOYOC ASSOCIATES, INC., a District of Columbia corporation ( "Consultant'), whose address is 101 Constitution Ave., NW, Suite 600, Washington, DC 20001 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City entered a Professional Services Agreement for government advocacy services on March 26, 2008, which was amended on June 23, 2009, July 1, 2010 and October 11, 2011, and expired October 11, 2012. C. City desires to re- engage Consultant to provide government advocacy services related to environmental restoration projects and Federal grant programs ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be James Crum. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand- delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty Eight Thousand Dollars and 00/100 ($48,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. VAN SCOYOC ASSOCIATES, INC. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated James Crum and Thane Young to be its Project Managers, Consultant shall not remove or reassign the Project Managers or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. The City Manager, or his/her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional VAN SCOYOC ASSOCIATES, INC. Page 3 standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 92 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. VAN SCOYOC ASSOCIATES, INC. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12, CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment The sale, assignment, transfer or other disposition of VAN SCOYOC ASSOCIATES, INC. Page 5 any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16, SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor, Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. �'[:�i7i7s T�ElE1 ���T�l�.Ty1 =1 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. VAN SCOYOC ASSOCIATES, INC. Page 6 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. VAN SCOYOC ASSOCIATES, INC. Page 7 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Kiff, City Manager City Manager's Office City of Newport Beach 100 Civic Center Dr. PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3001 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: James Crum VAN SCOYOC ASSOCIATES, INC. 101 Constitution Ave. NW, Suite 600 Washington, DC 20001 Phone: (202) 638 -1950 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. VAN SCOYOC ASSOCIATES, INC. Page 8 Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Government Claims Act (Government Code sections 810 of seq.). 28. TERMINATION 281 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof, 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29,2 Waiver, A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. VAN SCOYOC ASSOCIATES, INC, Page 9 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.£ Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Fees. in the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] VAN SCOYOC ASSOCIATES, INC. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ` 11 / / 3 CITY OF NEWPORT BEACH, A Californian nicipal corporation Date: / 6l/3 By: C. By: Aaron tarp Keith D. Curry City Attorney Mayor ATTEST- Date: a I� Date: 5,7 By: ah , � pv� Leilani I. Brown City Clerks . -„r, i CONSULTANT: Van Scoyoc Associates, Inc., a District of Columbia corporation Date: 5- B Y: H. Steward Van Scoyoc President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements VAN SCOYOC ASSOCIATES, INC. Page 11 EXHIBIT A SCOPE OF SERVICES Consultant will: Continue to work with the City to develop and promote a multi- tiered strategy to position the City for federal funding of projects and programs to include: • Environmental Restoration Projects • Federal grant programs These efforts involve a combined federal agency and Congressional strategy that support and complement each other — linking agency policies and Congressional funding decisions. Work with each of the relevant members of the California delegation. Provide legislative strategy and information related to Federal legislation that can affect the City positively or negatively in terms of funding. Provide timely reports so that the City knows of relevant legislative and political developments. Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key Congressional aides, and agency officials; • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. VAN SCOYOC ASSOCIATES, INC. Page A -1 EXHIBIT B SCHEDULE OF BILLING RATES $4,000 per Month VAN SCOYOC ASSOCIATES, INC. Page B -1 5NNUTWO 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. VAN SCOYOC ASSOCIATES, INC. Page C -1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of VAN SCOYOC ASSOCIATES, INC. Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims, Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. VAN SCOYOC ASSOCIATES, INC. Page C-3 ��W PpQT CITY aF NEWPORT BEACH City Council Staff Report Agenda Item No. 25 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949- 644 -3001, dkiffa@newportbeachea,gov Dave Kiff, City Manager APPROVED:° °# u TITLE: Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract ABSTRACT: From time to time, the City Council refines and adopts general and specific policies that it might advocate for or against in Washington DC or Sacramento. This item is the 2013 update to those policies as embodied in the 2013 Legislative Platform. This item also continues a contract with Van Scoyoc and Associates for federal advocacy. RECOMMENDATION: 1. Adopt Resolution 201319 adopting the City's Legislative Platform and authorizing the Mayor to issue statements and letters consistent with the Platform. 2. Authorize the City Manager to extend the contract with Van Scoyoc and Associates in Washington DC for the duration of 2013 at $48,000 per year ($4,000 /month). DISCUSSION: Background. The City of Newport Beach has traditionally played a significant role in legislative advocacy in both Sacramento and Washington. We do not play as active a lobbying role as many cities, but we do attempt to protect the programs, services, and philosophy directed by the City Council. The City's legislative efforts include: • Legislative Platform • A contract lobbyist in Washington DC • Memberships in Local Government Organizations that Lobby at the County, State and Federal levels such as the Association of California Cities, Orange County (ACC -OC) and the League of California Cities; and • City employees' Professional Associations. Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 2 The Legislative Platform. The City Council may adopt broad policy guidelines via a Platform that directs City staff's and contractors' activities relating to the City's legislative agenda. The last adopted platform (February 2007) covered the following issues: 1 —Aviation 2 — Land Use Regulation 3 — Fiscal Stability 4 — Labor Relations 5 — Surface Transportation 6 — Water Quality and Environmental Quality The Platform generally advocates for positions advantageous to cities as the most direct provider of government services to local residents. We continue to request limitations on state mandated programs without commensurate revenue, freedoms on local revenue sources, repeal of the 1992 -93 property tax shifts, local control over planning and zoning, funds for protection, maintenance and improvement of upper and lower Newport Bay, enhanced laws and regulations relating group drug and alcohol rehabilitation homes and the ability to effectively address the region's aviation needs. Please see Attachment B for the full text of the proposed Platform. Underlined text shows text that is significantly changed from the 2007 version of the Platform. To keep the Platform from going stale in terms of its authorization, we are asking the Council to adopt this Platform indefinitely, instead of for a specific legislative session as has been done in years past. Council Resolution. Whenever the League of California Cities, the AOCC or our own lobbyists suggest that we contact a legislator or the Congress on a particular bill, the City often must act quickly to issue an advocacy letter under the Mayor's signature. As such, in years past the Council has adopted a formal resolution that authorizes the Mayor (or the Mayor pro Tempore or City Manager in the Mayor's absence) to issue these letters reflecting positions that conform to the adopted Platform. The Resolution also directs City staff to provide all City Council members with copies of the City's legislative correspondence. z Resolution 2013- 199 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 3 Federal Advocacy. This item also asks the Council to consider extending for another year the current federal advocacy contract with Jim Crum of Van Scoyoc and Associates. Mr. Crum has been working with the City since 2008 on projects relating to the US Army Corps of Engineers and other federal agencies, and can continue to be helpful in the coming year on issues like arts funding, emergency operations assistance, use of the Harbor Maintenance Fund (a Federal fund) for dredging and sea walls, and more. The current rate of $4,000 per month would continue through the end of December 2013. ENVIRONMENTAL REVIEW: City staff recommends the City Council find the approval of the attached resolution and the extension of the legislative contract is not subject to the California Environmental Quality Act ( °CEQA °) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Dave Kiff City Manager Attachments: Resolution 2013 -_ Relating to the Legislative Platform 3 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 4 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A LEGISLATIVE PLATFORM WHEREAS, the City Council historically promotes legislative actions consistent with the goals and functions of the City of Newport Beach; and WHEREAS, these legislative actions are typically included within the City's adopted Legislative Platform; and WHEREAS, this promotion once required separate City Council actions to approve individual letters of support or opposition related to specific pieces of legislation; and WHEREAS, this piece -by -piece approval can delay important actions necessary to assist in the passage or defeat of legislation; and WHEREAS, the City Council seeks to efficiently pursue legislation that reflects the Legislative Platform and the goals of the City, now, therefore be it: RESOLVED by the City Council of the City of Newport Beach that the City Council hereby adopts the attached Legislative Platform, and be it also: RESOLVED that the Mayor is hereby authorized to make statements and write letters necessary to support legislative actions consistent with the City's adopted Legislative Platform. If the Mayor is unavailable to sign a City advocacy letter, the Mayor may designate the Mayor pro Tempore or the City Manager to sign and issue the letter in the Mayor's absence. All correspondence prepared on the City's behalf will be copied to each Council member. ADOPTED this 12" day of February, 2013. KEITH CURRY MAYOR OF NEWPORT BEACH i_ 111 IS LEILANI BROWN NEWPORT BEACH CITY CLERK 4 Resolution 2013- 199 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 5 Adopted February 12, 2013 (term indefinite until repealed or replaced) GENERAL PLATFORM ISSUES. The following six categories are supplemental to the above Areas of Focus and generally reflect priorities of the City on a regular and long- term basis: I — AVIATION. As a neighbor to John Wayne Airport (JWA), the City is actively involved in efforts to protect its residents from the impacts of the airport. The City shall advocate for legislative and executive actions consistent with the Council's Airport Policy (A -17) and/or that: (a) Preserve and, assuming the terms and conditions are consistent with Council Policy A -17, amend or otherwise extend the JWA Settlement Agreement. 1--(b) Preserve and, if appropriate, expand upon, the 2006 Cooperative Agreement between the County of Orange and the City regarding a second runway at JWA. LcLOppose changes in regional aviation policies that would regionalize aviation administration or that would allow a regional entity the power of eminent domain to expand airport capacity. 2(d) Support local control over local airports, including the ability the City of Ontario to assume control over Ontario Airport t r$,,.;•_ ,Support efforts to increase usage of airports with excess capacity such as Ontario and Palmdale airports provided the increased usage does not materially impact the quality of life of nearby residents. A. If — LAND USE REGULATIONS. The City seeks to protect and strengthen the City's land use authority, including regulation of residential recovery facilities and group homes, zoning, incorporation, annexation, and community development. Therefore, the City shall: (a) Support efforts that would allow cities and counties greater control over the placement and management of residential recovery facilities, parolee homes, 5 Resolution 2013- 199 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page B sober living homes, and other group accommodations in residential areas, while respecting disabled persons' right to the housing of their choice, 2 b Support efforts to strengthen the legal and fiscal capability of the City to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas, including but not limited to, regulatory authority over zoning, subdivisions, and annexations, 3 UOppose development agreements in cities' spheres of influence in undeveloped areas that do not conform to city standards. L�LSupport legislation that simplifies requirements for General Plan Housing Elements. 4- (e)Support Federal State or local efforts to improve or otherwise streamline local governments' working relationship and permitting ability with State and Federal resources agencies and commissions. C. III — FISCAL STABILITY. The City's objective is to protect existing city revenue sources and to limit the cost of government upon the taxpayers of Newport Beach. The City also seeks to protect Newport Beach residents and businesses from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life. Therefore, the City shall: A4alSupport legislation leading to greater financial independence from State government and which would result in greater predictability in local government budgeting. &UOppose legislation that would impose state and federal mandates for which there is no or inadequate local reimbursement or offsetting benefits. .c As 2010's Affordable Care Act is implemented support legislation to ensure that employers that today provide health care coverage or access to coverage for employees are not disadvantaged by additional costs, changes in tax policy, or more limited flexibility to adjust to a changing marketplace. 9:(djln the absence of statewide fiscal reform, the -City- shalt- oppose legislation that reduces or eliminates existing local revenue sources, iHGI61ddRg the Gity OF 6 Resolution 2013- 199 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 7 Fedn„nlepm + ageRGy share + prepeFty tax, ales ndl use tax leeal g9veFR ;,ent6' -share of PehiGln IiGense fees, tr^ns'nnt nnn paned taxes, III nir,n n Ne n taxes, Rd State n ,byentienn to le Gal ^ ^ +n (e)_As a part of a comprehensive reform package, the City will support changes in the State -Local fiscal relationship if the changes maintain or improve revenues to local governments, promote local discretion on land use decisions, and result in the long -term stability of local government revenue sources. €(f)Oppose actions to change 1978's Proposition 13, including the development of a "split roll" property tax valuation system. L(:LjSupport legislation that reforms California's tort system to curtail unreasonable liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. &:(Oppose any changes in State law that would limit the ability of charter cities to preserve the local revenue base- 44-.0i manage their affairs. Support existinq protections for charter cities to choose whether to pay legislation that exempts prevailing wage requiFeFneRts snr n nntn that ^ n ^ +^ housing.-on-public works projects. IV – LABOR RELATIONS. The City respects the working conditions, benefits, and rights of Newport Beach employees and the conservative fiscal management principles of the community. Therefore, the City shall: a) Support efforts to further reform State and local pension programs to build on 2011's PEPRA provisions and ensure that these pension programs' benefits adiust to the public- and private- sector marketplace of retirement programs in 2013 and beyond, which may include defined contribution or other hybrid plans, additional tiers, additional contributions by employees, and more. .(b) Fe GpeGt to n, bliG mmpinvnnc� -Oppose legislation that imposes mandated (State or Federal) employee benefits that are more properly decided at the local bargaining table. *(d)Support repeal of or o8ppose efforts that reduce local control over public employee disputes. }Oppose legislation that would grant public employees the right to strike. ,, ; Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 8 , J_% ,,Support workers compensation reform which curtails stress claims by stipulating that benefits can only be paid when it can be shown that a sudden and extraordinary job event was the predominant cause of the stress injury and would repeal the minimum rate law, "Oppose workers compensation reform that would exclude police officers, firefighters, and others with life-threatening jobs from the increased proof stress threshold, W_.-Oppese the authorization ef new retiFernent formulas that inorease-banefiteT espee ally when a side 9ffeGt Gf the formula(s) is to enGeurage early reati, . ....... i V --SURFAGE—TRANSPORTATION. The City supports expand multi-modal transportation systems, programs and services. Therefore, the City shall: a) Encourage Federal, State, and Local programs to increase fundinq and sim permitting for transit, bicycling, and pedestrian travel. 4)-,U Support legislation and voter-approved bond measures that help local agencies finance local transportation facilities. &Uo Oppose legislation that requires additional State and Federal review of projects that are predominantly of regional or local significance. F-. Support legislation that gives local agencies greater access to and discretion over transportation funds. G. SuppeFt effarts that increase access to and Uam the Wand EFAPiFG, J+1GWd�R9 A - — ---- the 91 F=Fee.,-y --I- I­ -,--ad tURRel thF9Ugh the Santa Ana Meuntains. VI - WATER QUALITY AND ENVIRONMENTAL QUALITY, The City supports effective measures to improve the environment, including water quality, solid waste, hazardous materials clean-up, and ocean, beaches and bay protection. Therefore, the City shall: (a) Support projects, legislation and funding measures (including statewide bond measures) that would increase water supply and improve water quality in this region. &(b) SuDDort legislation that would establish or increase fundinq for local agencies to analyze and mitigate potential impacts of sea level rise on coastal communities. Suppert mea6wres that __,�;+ +k, I p,....., the lease, exchange er transfer of surplus *LqlSupport measures that maintain and enhance local authority and flexibility to regulate solid waste and recyclable materials. 0 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 9 -JLSupport legislation that limits local government liability as a third party in Superfund cleanup litigation. ®Support efforts that provide a dedicated stream of funds to projects benefiting area beaches and waterways, including adequate and independent funding for the Qalifamia- DepaFtmeRt of BeatiRg and Watepwa�. boating and waterways. Seek any appropriate one- time and/or long-term sources of funds and/or services to enhance and protect Newport Bay, including Lower Newport Bay and Upper Newport Bay dredging activities. .�,qj. Oppose legislation that would allow the- development of new oil platforms along the Orange County R- C%uter Gon"nent-I -1 coastline. ", I I (()GS) offshore petFoleurn dFilling mefataF;um. 4�hjSupport measures that improve funding resources and the science associated with water quality testing and beach closure standards. .0i _Advocate for Regional Board control over fines and fees collected from water quality violations so that such fines and fees remain in the region to be used directly for water quality improvements. SUPPeFt GE)III... unity based efforts to maximize public spaees in the Bal—i-gi RaRGh thFeUgh M--te b-GRd F96-aaurGes. *flLSupport funding for remediation of closed oil operations where the land will transition to habitat and open space-, including in the Banning Ranch, Support efforts to complete and fund the Orange Coast River Park. •0) Support changes to the California Environmental Quality Act (CEQA) that retain CEQA's foundation of appropriately addressing environmental impacts but that ensure that CEQA is not used as a tool for litigation and the delay of important projects. SM DI AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTALADVOCACY THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11`h day of October, 2011, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 26, 2008, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement," for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk - Newport Sloughs, hereinafter referred to as "Project." B. City and Consultant have entered into two separate Amendments of the Agreement, the latest dated July 1, 2010. C. City desires to enter into this Amendment No. 3 to reflect additional services to extend the term of the Agreement to October 11, 2012, to increase the total compensation and update insurance requirements. D. City desires to compensate Consultant for additional professional services needed for the Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the Agreement shall be extended to October 11, 2012, unless terminated earlier as set forth in the Agreement. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the Agreement and Amendments No. 1 and 2, Consultant shall diligently perform all the services described in Amendment No. 3 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached as Exhibit B to this Amendment No. 3. Consultant's compensation for all work performed in accordance with this Amendment No. 3, including all reimbursable items and subconsultant fees, shall not exceed Forty Eight Thousand Dollars and No /100s ($48,000.00) without prior written authorization from City. The total compensation for all work performed pursuant to the Agreement, and the Amendments thereto including all reimbursable items and subconsultant fees, shall not exceed Two Hundred and Twenty -Eight Thousand Dollars and No /100s ($228,000.00) without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety: "Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. E C. Coverage Requirements. i.. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsuitant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subConsultants. 3 ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and the prior Amendments shall remain unchanged and shall be in full force and effect. 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A Municipa ;'Corpo By. o.. C. /�-- By. Aaron C. Harp Micha nn City Attorney ATTEST: Leilani I. Brown, City Clerk Mayor CONSULTANT: By: H. Stewa Van Scoyoc President By: (Fins �D ci ffice r) Title: Vice President Finance Print Name: Merrie Schippereit Attachments: Exhibit A — Scope of Services Exhibit B— Schedule of Billing Rates 5 Exhibit A Scope of Work VSA will: Continue to work with the City to develop and promote a multi- tiered strategy to position the City for an integrated effort over the course of the coming year for the following projects: Lower Newport Bay Dredging (Multi -year funding, Appropriations, Pres budget, Project coordination) Upper Newport Bay: political awareness for project completion Seminouk Slough — Newport Slough Dredging (Coordination with the Corps, Appropriatons) These efforts involve a combined federal agency and congressional strategy that support and complement each other — linking agency policies and congressional funding decisions. ® Work with each of the relevant members of the California delegation on filed appropriations. o Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the key projects. © Work with the City to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. ® Provide timely reports so that the City knows of relevant legislative and political developments. m Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. Provide periodic updates on congressional activities and on the status of the City's priority issues. ® Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; A o A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. o Legislative or report language to correspond with your project requests. - $4,000 per month Exhibit B Schedule of Billing Rates 9 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ��o CERTIFICATE OF LIABILITY INSURANCE OF ID KE ...... ��""" CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/24/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: I the certificate holder is an ADDITIONAL N RED, the po icy ies must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LUN NAME: Independent Insurance Center P.O. Box 2303 PHONE AIL,NO, EXt: ADDRESS: Leesburg VA 20177 C�UBTOm RIDA: VANSC -1 Phone:703- 777 -7774 Fax:703- 777 -7156 INSURERS) AFFORDING COVERAGE NAILN INSURED INSURER A: Hartford Van Scoyoc Associates, Inc. 101 Constitution Ave NW # 600 INSURER B: Chubb Insurance Group 07101/11 INSURER C: PREMISES (Ea O -R occurrence) Washington DC 20001 INSURER 0: 1 CLAIMS -MADE OCCUR INSURER E INSURER F: MED EXP(Any one person) 510,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SOCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. aLTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMIODlYYYY) IMMIOO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 151,000,000 • X COMMERCIAL GENERAL LIABILITY 42SBARS3885 07101/11 07/01/12 PREMISES (Ea O -R occurrence) 5300,000 1 CLAIMS -MADE OCCUR MED EXP(Any one person) 510,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,DDO,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP /OP AGG s 2,000,000 POLICY rX7 jECOT LOD S AUTOMOBILE LABILITY ' COMBINED SINGLE LIMIT (Ea accidenp 51,000,000 • X ANYAUTO 42UECTA0158 07/01/11 07/01/12 BODILY INJURY (Per person) 5 ALL OWNED AUTOS BODILY INJURY (Per accident) S X SCHEDULED AUTOS HIREDAUTOS PROPERTY DAMAGE (Per accident) 5 X NON -0WNED AUTOS S 5 A UMBRELLA LAS X OCCUR 42SELARS3885 01/01/11 07/01/12 EACH OCCURRENCE 55,000,000 AGGREGATE S 5,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE S X W RETENTION 5 10,000 1 S A ANDEMPLOYERS'LIATION ADEMPLOERS'LIAILIT ANY PROPRIETORIPARTNERIEXECU nVG� OFFICERIMEMBER EXCLUDED? u I /A X 42WECTJ8208 07/01/11 07/01/12 X DR AU- - ,WU STATU- ER E.L. EACH ACCIDENT S 500000 E.L. DISEASE - EA EMPLOYEE S 500000 (Mandatory in N'" It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5500000 B Errors S Omissions I 68026778 107 /01/11 107/01/12 50000 ded 2,000,000 A Employee Dishonest 42SBARS36B5 07/01/n 7/ '1/12 100 ded 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC ORD 101, Additional Remarks Schedule. If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663 ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ��EwaoRr CITY OF e NEWPORT BEACH City Council Staff Report Agendn TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: _b� A VI-t\, TITLE: Approval of Professional Services Agreement Amendment No. 3 with Van Scoyoc Associates for U.S. Army Corps - Related Projects and Approval of a Budget Amendment ABSTRACT: Should the City maintain its Washington DC -based firm to assist us in advocacy for dredging of the Lower Newport Bay? RECOMMENDATION: a) Authorize the City Manager to enter into Professional Services Agreement Amendment No. 3 for up to $48,000 with Van Scoyoc Associates to advocate for U.S. Army Corps - related projects, including Lower Newport Bay and the Seminouk Slough; and b) Approve Budget Amendment No. 12BA -014 relating to appropriating $48,000 for this effort. FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $48,000 in increased expenditure appropriations from Tidelands Fund Balance 230 -3605 to Harbor Resources — Services Prof/Tech 5060 -8080. DISCUSSION: Since 2008, the City has worked with Van Scoyoc Associates to assist us in securing Federal funds to complete the Upper Newport Bay dredging project and to start the Lower Newport Bay dredging project. The $48.5 million Upper Newport Bay Project will Approval of Professional Services Agreement Amendment No. 3 with Van Scoyoc Associates for U.S. Army Corps - Related Projects and Approval of a Budget Amendment October 11, 2011 Page 2 be done this fall thanks to an influx of more than $18 million in federal Stimulus funding, if all goes according to schedule. Lower Newport Bay. Lower Newport Bay is a commercial and recreational harbor serving about 10,000 vessels, a US Coast Guard facility, an Orange County Sheriffs Harbor Patrol facility that covers two other harbors (Dana Point and Huntington), small shipbuilding, and more. The Harbor includes a Federal Navigational Channel that runs from the Newport Harbor entrance jetties to the area near where Pacific Coast Highway and SR -55 (Newport Boulevard) meet the Harbor. The channel and nearby waterways receive sediment from a 154 - square mile upstream watershed that includes the communities of Irvine, Lake Forest, Tustin, Orange, Santa Ana, Costa Mesa, and Newport Beach. The City of Newport Beach and our upstream partners, which include the cities listed along with the County of Orange, the Irvine Ranch Water District, and others, continue to expend, on an annual basis, hundreds of thousands of dollars in sediment management projects to keep the sediment where it should be. More than $145,000,000 has been spent in this watershed over the last 30 years to control sediment. However, some sediment continues to reach the Upper and Lower Newport Bays. Sedimentation in the Lower Bay is a significant problem for navigation and water quality, but primarily for navigation. Portions of Lower Bay have not been dredged to design depth in 70 -80 years (since the Harbor's creation). Other portions have been dredged in small bits and pieces, in amounts of $2-4 million per job. As a result, large portions of the Bay cannot accommodate normal boats with normal drafts except at higher tides. Dock damage is prevalent, too (see photo below). Larger boats with more significant drafts are almost entirely unable to use the Harbor. Lower Newport Bay, March 4, 2008 The Lower Bay's navigational channels have been an ongoing — yet unfunded — obligation of the Federal government via the Corps. Except for brief emergency I Approval of Professional Services Agreement Amendment No. 3 with Van Scoyoc Associates for U.S. Army Corps - Related Projects and Approval of a Budget Amendment October 11, 2011 Page 3 dredging episodes, in past years (through Federal FY 2009), the President's Office of Management and Budget (OMB) has not allocated any funding for this Federal obligation. However, for the first time ever, President Obama allocated $1.78 million in his FY '10 budget for the Corps to start work in Lower Newport Bay. We believe that, to properly restore the Harbor to its design depth with an overdredge of about 2', about 1.4 million cubic yards of material needs to be removed. As the Council is aware, disposal methods greatly affect cost. The more material that can be used on local beaches and disposed of at LA -3, the lower the cost. The more material that has contamination levels too high for offshore disposal, the higher the cost. We hope to place most if not all of this material at the Port of Long Beach as the POLB expands later this year and into next. The Corps believes that the cost estimate for the Lower Bay project is about $29,500,000.00. Removal of 1.4 million cubic yards should provide extensive and long -term relief to the Lower Bay's recreational and commercial boating activities, provided that this is coupled with a long -term effort to: • Continue the City's commitment to cooperatively funding (with our watershed partners) the maintenance of sediment catch basins in the Santa Ana Mountain foothills and in San Diego Creek; • Maintain and add to the Robinson - Skinner Annuity (currently containing $3.8 million for the "next" Upper Newport Bay dredging effort); and • Establish and maintain a good sediment management program for the Lower Bay, estimated to be one that removes about 60,000 cubic yards of material a year (possibly multiples of that every 3, 5, or 7 years), estimated now at $1,080,000 per year. This is a Corps obligation today. As noted, about $1.78 million was in the President's Budget for Federal FY 2010, with about the same in the President's FY 2011 budget. These allocations are welcome, but fall well short of the Corps' capacity. As such, we continue to work with our members of Congress and with the California Marine Affairs and Navigation Conference (CMANC) to add funding to the Project as appropriations bills move through Congress this summer and fall. Santa Ana River Marsh /Newport Slough. The Santa Ana River Marsh is an ongoing maintenance obligation of the Corps and one that is associated with the Santa Ana River Mainstem Flood Control Project. This Corps construction project has been delayed or suspended because of limited funding. $1.9 Million is needed to complete the project. 3 Approval of Professional Services Agreement Amendment No. 3 with Van Scoyoc Associates for U.S. Army Corps - Related Projects and Approval of a Budget Amendment October 11, 2011 Page 4 The 1990 construction of the Santa Ana Marsh was a project feature of the larger Santa Ana River Mainstem Project. The Marsh is located at the mouth of the river within the city limits of Newport Beach. The purpose of the marsh construction was to mitigate impacts from the River project and to restore 92 acres of coastal wetlands. Due to limited Federal Operation and Maintenance funding over the past years, the marsh has not been appropriately maintained. The amount necessary to restore the Marsh to its authorized project conditions is approximately $1.9 million. The City has been willing to consider working with a local land conservancy group to maintain and operate this Marsh area in conformance with Corps policy guidelines and environmental maintenance requirements upon the Marsh being restored to original design conditions. Santa Ana River Marsh Area To that end, this Agenda Item asks the City to continue our existing contract (with two years completed) with Van Scoyoc Associates (VSA) in Washington DC to work on these two efforts for us. Funding priority will be for the LNB followed by the Marsh. y Approval of Professional Services Agreement Amendment No. 3 with Van Scoyoc Associates for U.S. Army Corps - Related Projects and Approval of a Budget Amendment October 11, 2011 Page 5 Three years ago at this time, the City informally spoke with a number of people for references, and staff was comfortable in recommending Mr. James Crum and Mr. Thane Young of VSA at the time. After three years of good success, we remain comfortable asking for another 12 -month extension. VSA would operate under the same Professional Services Agreement at a reduced billing rate ($4,000 per month — down from '$5K/mo) for up to twelve (12) months if Council authorizes this action. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: a '9 Dave Kiff City Manager Attachments: A. Professional Services Agreement B. Budget Amendment 5 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTAL ADVOCACY THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11th day of October, 2011, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 26, 2008, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement," for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk- Newport Sloughs, hereinafter, referred to as "Project." B. City and Consultant have entered into two separate Amendments of the Agreement, the latest dated July 1, 2010. C. City desires to enter into this Amendment No. 3 to reflect additional services to extend the term of the Agreement to October 11, 2012, to increase the total compensation and update insurance requirements. D. City desires to compensate Consultant for additional professional services needed for the Project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the Agreement shall be extended to October 11, 2012, unless terminated earlier as set forth in the Agreement. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the Agreement and Amendments No. 1 and 2, Consultant shall diligently perform all the services described in Amendment No. 3 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 7 3. COMPENSATION City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached as Exhibit B to this Amendment No. 3. Consultant's compensation for all work performed in accordance with this Amendment No. 3, including all reimbursable. items and subconsultant fees, shall not exceed Forty Eight Thousand Dollars and No /100s ($48,000.00) without prior written authorization from City. The total compensation for all work performed pursuant to the Agreement, and the Amendments thereto including all reimbursable items and subconsultant fees, shall not exceed Two Hundred and Twenty -Eight Thousand Dollars and No /100s ($228,000.00) without prior written authorization from City. 4. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety: "Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 2 N] C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain .automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subConsultants. 3 Q ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work." 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and the prior Amendments shall remain unchanged and shall be in full force and effect. 0 j IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By:—A , c d,-, Aaron C. Harp City Attorney ATTEST: M Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Michael F. Henn Mayor CONSULTANT: MM H. Steward Van Scoyoc President 0 (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B —Schedule of Billing Rates 5 Exhibit A Scope of Work NSA will: Continue to work with the City to develop and promote a multi- tiered strategy to position the City for an integrated effort over the course of the coming year for the following projects: Lower Newport Bay Dredging (Multi -year funding, Appropriations, Pres budget, Project coordination) Upper Newport Bay: political awareness for project completion Seminouk Slough — Newport Slough Dredging (Coordination with the Corps, Appropriatons) These efforts involve a combined federal agency and congressional strategy that support and complement each other — linking agency policies and congressional funding decisions. G Work with each of the relevant members of the California delegation on filed appropriations. Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the key projects. Work with the City to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. Provide timely reports so that the City knows of relevant legislative and political developments. U Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. Provide periodic updates on congressional activities and on the status of the City's priority issues. a Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; 0 10 o A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. a Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. a Legislative or report language to correspond with your project requests. 7 0 Exhibit B Schedule of Billing Rates - $4,000 per month ! i-j City ®f Newport Beach NO. BA- 12BA -014 BUDGET AMENDMENT 2011 -12 AMOUNT: $as,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance P1 Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Tidelands Fund Balance for advocacy of U.S. Army Corps related projects, including Lower Newport Bav and the Seminouk Slouqh. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 230 3605 Tidelands - Fund Balance $48,000.00 - REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Description Description 5060 Harbor Resources 8080 Services - Professional & Technical NOC Signed: /�� %�n� V� li ( Financial Approval: Administrative Services Director j Signed:` Adminis ve Approval: City Manager Signed: $48,000.00 Date �Dls �I Date City Council Approval: City Clerk Date A L{U?) a, AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTALADVOCACY THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two'), is entered into as of this 151 day of July, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY"), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On March 26, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk Sloughs ( "Project "). B. On June 23, 2009, City and Consultant entered into an amendment to the Agreement ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services, to extend the term of the Agreement to June 30, 2011 and to increase the total compensation. D. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended hereby and the following is substituted in its entirety. The term of the Agreement shall be extended to June 30, 2011, unless terminated earlier as set forth in the Agreement. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the Agreement shall be be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the Agreement and Amendment No. One, Consultant shall diligently perform all the services described in this Amendment No. Two including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory pargraph to Section 4 shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to this Amendment No. Two. Consultant's total amended compensation for all Work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Thousand Dollars and no1100 ($180,000.00) without prior written authorization from the City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Thousand Dollars and nol100 ($60,000.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement and Amendment No. One shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE) 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: David R. Hunt, l/c� City Attorney ATTEST: By: 4Li ani . Brown, City Clerk AWP s CITY OF NEWPORT BEACH, A California Municipal Corporation By: e'e4 i Keith D. C ry, Mayor CONSULTANT: VAN SCOYOC ASSOCIATES, a District of Columbia Corporation By: 4S -0--y H. Steward Van Scoyoc President [END OF SIGNATURES] Attachments: Exhibit A – Scope of Work Exhibit B—Schedule of Billing Rates 3 Exhibit A Scope of Work VSA will: • Continue to work with the City to develop and promote a multi- tiered strategy to position the City for an integrated effort over the course of the coming year for the following projects: Lower Newport Bay Dredging (Multi -year funding, Appropriations, Pres budget, Project coordination) Upper Newport Bay: political awareness for project completion Seminouk Slough — Newport Slough Dredging (Coordination with the Corps, Appropriatons) These efforts involve a combined federal agency and congressional strategy that support and complement each other — linking agency policies and congressional funding decisions. • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. • Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the key projects. • Work with the City to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. • Provide timely reports so that the City knows of relevant legislative and political developments. • Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. • Provide periodic updates on congressional activities and on the status of the City's priority issues. • Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; • A white papers) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. 0 • Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. • Legislative or report language to correspond with your project requests. 5 - $5,000 per month Exhibit B Schedule of Billing Rates CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT June 22, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office David A. Kiff, City Manager 949/644 -3000 or dkiff @newportbeachca.gov SUBJECT: Authorization to Continue a Contract with Van Scoyoc Associates regarding advocacy for Dredging Projects: Lower Newport Bay and the Santa Ana River Marsh /Newport Slough. ISSUE: Should the City re -hire a Washington DC -based firm to assist us in advocacy for funding the dredging of the Lower Newport Bay and the Santa Ana River Marsh? RECOMMENDATION: Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 for one year with Van Scoyoc Associates to advocate for dredging the Lower Bay and the Santa Ana River Marsh. DISCUSSION: Since 2008, the City has worked with Van Scoyoc Associates to assist us in securing Federal funds to complete the Upper Newport Bay dredging project and to start the Lower Newport Bay dredging project. The $48.5 million Upper Newport Bay Project will be done this fall thanks to an influx of more than $18 million in federal Stimulus funding, if all goes according to schedule. Lower Newport Bay. Lower Newport Bay is a commercial and recreational harbor serving about 10,000 vessels, a US Coast Guard facility, an Orange County Sheriffs Harbor Patrol facility that covers two other harbors (Dana Point and Huntington), small shipbuilding, and more. The Harbor includes a Federal Navigational Channel that runs from the Newport Harbor entrance jetties to the area near where Pacific Coast Highway and SR -55 (Newport Boulevard) meet the Harbor (see Diagram 1). The channel and nearby waterways receive sediment from a 154 - square mile upstream watershed that includes the communities of Irvine, Lake Forest, Tustin, Orange, Santa Ana, Costa Mesa, and Newport Beach. The City of Newport Beach and our upstream partners, which include the cities listed along with the County of Orange, the Irvine Ranch Water District, and others, continue to expend, on an annual basis, hundreds of UNB and LNB Advocacy June 22, 2010 Page 2 thousands of dollars in sediment management projects to keep the sediment where it should be. More than $145,000,000 has been spent in this watershed over the last 30 years to control sediment. However, some sediment continues to reach the Upper and Lower Newport Bays. Sedimentation in the Lower Bay is a significant problem for navigation and water quality, but primarily for navigation. Portions of Lower Bay have not been dredged to design depth in 70 -80 years (since the Harbor's creation). Other portions have been dredged in small bits and pieces, in amounts of $2 -4 million per job. As a result, large portions of the Bay cannot accommodate normal boats with normal drafts except at higher tides. Dock damage is prevalent, too (see photo below). Larger boats with more significant drafts are almost entirely unable to use the Harbor (see Diagram 2). Lower Newport Bay, March 4, 2008 The Lower Bay's navigational channels have been an ongoing — yet unfunded — obligation of the Federal government via the Corps. Except for brief emergency dredging episodes, in past years (through Federal FY 2009), the President's Office of Management and Budget (OMB) has not allocated any funding for this Federal obligation. However, for the first time ever, President Obama allocated $1.78 million in his FY '10 budget for the Corps to start work in Lower Newport Bay. We believe that, to properly restore the Harbor to its design depth with an overdredge of about 2', about 1.4 million cubic yards of material needs to be removed. As the Council is aware, disposal methods greatly affect cost. The more material that can be used on local beaches and disposed of at LA -3, the lower the cost. The more material that has contamination levels too high for offshore disposal, the higher the cost. We hope to place most if not all of this material at the Port of Long Beach as the POLB expands later this year and into next. G UNB and LNB Advocacy June 22, 2010 Page 3 The Corps believes that the cost estimate for the Lower Bay project is about $29,500,000.00. Removal of 1.4 million cubic yards should provide extensive and long -term relief to the Lower Bay's recreational and commercial boating activities, provided that this is coupled with a long -term effort to: • Continue the City's commitment to cooperatively funding (with our watershed partners) the maintenance of sediment catch basins in the Santa Ana Mountain foothills and in San Diego Creek; • Maintain and add to the Robinson - Skinner Annuity (currently containing $3.8 million for the "next" Upper Newport Bay dredging effort); and • Establish and maintain a good sediment management program for the Lower Bay, estimated to be one that removes about 60,000 cubic yards of material a year (possibly multiples of that every 3, 5, or 7 years), estimated now at $1,080,000 per year. This is a Corps obligation today. As noted, about $1.78 million is in the President's Budget for Federal FY 2010. This allocation is welcome, but falls well short of the Corps' capacity. As such, we continue to work with our members of Congress and with the California Marine Affairs and Navigation Conference (CMANC) to add funding to the Project as appropriations bills move through Congress this summer and fall. Lower Newport Bay 0 UNB and LNB Advocacy June 22, 2010 Page 4 Santa Ana River Marsh /Newport Slough. The Santa Ana River Marsh is an ongoing maintenance obligation of the Corps and one that is associated with the Santa Ana River Mainstem Flood Control Project. This Corps construction project has been delayed or suspended because of limited funding. $1.9 Million is needed to complete the project. The 1990 construction of the Santa Ana Marsh was a project feature of the larger Santa Ana River Mainstem Project. The Marsh is located at the mouth of the river within the city limits of Newport Beach. The purpose of the marsh construction was to mitigate impacts from the River project and to restore 92 acres of coastal wetlands. Due to limited Federal Operation and Maintenance funding over the past years, the marsh has not been appropriately maintained. The amount necessary to restore the Marsh to its authorized project conditions is approximately $1.9 million. The City has been willing to consider working with a local land conservancy group to maintain and operate this Marsh area in conformance with Corps policy guidelines and environmental maintenance requirements upon the Marsh being restored to original design conditions. Santa Ana River Marsh Area LI UNB and LNB Advocacy June 22, 2010 Page 5 To that end, this Agenda Item asks the City to continue our existing contract (with two years completed) with Van Scoyoc Associates (VSA) in Washington DC to work on these two efforts for us. Funding priority will be for the LNB followed by the Marsh. Two years ago at this time, the City informally spoke with a number of people for references, and staff was comfortable in recommending Mr. James Crum and Mr. Thane Young of VSA at the time. After two years of good success, we remain comfortable asking for another 12 -month extension. VSA would operate under the same Professional Services Agreement and billing rate ($5,000 per month — the same as last year) for up to twelve (12) months if Council authorizes this action. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Funding for this contract exists within the existing budget (City Council's Professional and Technical Services account). Submitted by: �2 Cam- �✓ U �1 David A. Kiff City Manager Attachments: Professional Services Agreement, including Scope of Work 11 I AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTALADVOCACY THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two "), is entered into as of this 1st day of July, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "CITY "), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 26, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement') for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk Sloughs ( "Project'). B. On June 23, 2009, City and Consultant entered into an amendment to the Agreement ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services, to extend the term of the Agreement to June 30, 2011 and to increase the total compensation. D. City and Consultant mutually desire to amend Agreement as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended hereby and the following is substituted in its entirety. The term of the Agreement shall be extended to June 30, 2011, unless terminated earlier as set forth in the Agreement. 2. ADDITIONAL SERVICES TO BE PERFORMED Section 2 of the Agreement shall be be amended hereby and the following is substituted in its entirety. In addition to the services to be provided pursuant to the Agreement and Amendment No. One, Consultant shall diligently perform all the services described in this Amendment No. Two including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory pargraph to Section 4 shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to this Amendment No. Two. Consultant's total amended compensation for all Work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Thousand Dollars and no /100 ($180,000.00) without prior written authorization from the City ( "Total Amended Compensation "). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Thousand Dollars and no /100 ($60,000.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement and Amendment No. One shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] 2 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: David R. Hunt, City Attorney��� ATTEST: By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation Keith D. Curry, Mayor CONSULTANT: VAN SCOYOC ASSOCIATES, a District of Columbia Corporation By: H. Steward Van Scoyoc President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B— Schedule of Billing Rates 3 GI Exhibit A Scope of Work VSA will: Continue to work with the City to develop and promote a multi- tiered strategy to position the City for an integrated effort over the course of the coming year for the following projects: Lower Newport Bay Dredging (Multi -year funding, Appropriations, Pres budget, Project coordination) Upper Newport Bay: political awareness for project completion Seminouk Slough — Newport Slough Dredging (Coordination with the Corps, Appropriatons) These efforts involve a combined federal agency and congressional strategy that support and complement each other— linking agency policies and congressional funding decisions. • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. G Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the key projects. Work with the City to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. o Provide timely reports so that the City knows of relevant legislative and political developments. o Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. C Provide periodic updates on congressional activities and on the status of the City's priority issues. Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. 0 ID Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. o Legislative or report language to correspond with your project requests. 5 $5,000 per month Exhibit B Schedule of Billing Rates 0 1r- C-40 3 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTAL ADVOCACY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this a, z a day of June, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On March 26, 2008 CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk Sloughs. B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to June 30, 2010. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no1100 ($60,000.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to June 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY (D By. David R. Hunt City Attorney ATTEST: By: ML X Leilani I. Brown, City Clerk c� •®��URN�i CITY O A Murd Mayor CONSULTANT: By: H. Stewa an Scoyoc President (Financ14O ' er) Title:P/d7Ct��Ce Print Name: Attachments: Exhibit A — Scope of Services Exhibit B—Schedule of Billing Rates Exhibit A Scope of Work VSA will: • Continue to work with the city to develop a promote a mufti- tiered strategy to position the city for an integrated effort over the course of the coming year for the following projects: • Lower Newport Bay Dredging (Initial funding, Appropriations, Pres Budget... ) • Upper Newport Bay Ecosystem Restoration Project (Appropriations, Stimulus funding, 902 policy..) • Seminouk Slough- Newport Slough Dredging These efforts involve a combined federal agency and congressional strategy that support and complement each other — linking agency policies and congressional funding decisions • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. • Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the lower Newport Harbor dredging strategy or general needs. • Work with the city to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle. We will strategically approach funding this year for FY 2009 as well as attempt to have the project identified under the Army Corps of Engineers' submitted budget for FY 2010 and 2011. • Provide timely reports so that the city knows of relevant legislative and political developments. • Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. • Provide periodic updates on congressional activities and on the status of the city's priority issues. • Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest, • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. • Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. • Legislative or report Language to correspond with your project requests. • Appropriations and authorization request letters from your delegation to use with the House and Senate Appropriations Committees • E- talking points for your delegation to use as you discuss requests with members of the appropriations and authorizing committees. Exhibit B Schedule of Billing Rates $5,000 per month. 0 0 CITY OF NEWPORT BEACH I Juh 2 3 2699 CITY COUNCIL STAFF REPORT Agenda TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ` X03,, FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Authorization to Continue a Contract with Van Scoyoc Associates Regarding Advocacy for Dredging Projects: Upper and Lower Newport Bay and the Santa Ana River Marsh /Newport Slough; Budget Amendment. ISSUE: Should the City re -hire a Washington DC -based firm to assist us in advocacy for dredging of the Lower Newport Bay and the Santa Ana River Marsh dredging projects? RECOMMENDATION: 1. Authorize the City Manager to enter into an Amendment No. 1 to the Professional Services Agreement with Van Scoyoc Associates of up to $60,000 to advocate for dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and 2. Approve Budget Amendment #BA -_ appropriating $60,000 from Tidelands unappropriated fund balance, 230 -3605, to Harbor Resources' Professional and Technical Services account, 2371 -8080, for this effort. DISCUSSION: In 2008, the City hired Van Scoyoc Associates to assist us in securing Federal funds to complete the Upper Newport Bay dredging project and to start the Lower Newport Bay dredging project. A summary of each project follows. Upper Newport Bay Dredging. Before President Obama's stimulus package passed Congress, the Upper Newport Bay Ecosystem Restoration Project (UNB ERP or "Project ") was about $14 -17 million short in funding. The UNB ERP is a cost - shared project sponsored locally by the State and County (and its stakeholder partners like the City) and the US Army Corps of Engineers. Cost shares for projects like this one are 65% (federal) and 35% (state /local). With the new Stimulus funding, here is the Project's funding status: 0 0 UNB Ecosystem Restoration Project Project Cost Initial Estimates $ 42,500,000 Fuel + Added Items $ 5,500,000 Total Project Cost (est) $ 48,000,000 Sources of Funds Federal $ 34,500,000 State $ 13,500,000 Subtotal of Sources $ 48,000,000 Shortfall $ - UNB and LNB Advocacy June 23, 2009 Page 2 However, allocating a full $48 million to the UNB requires language in federal legislation that would allow the UNB to go over its initial cost threshold (a threshold established before fuel price hikes in 2008 and before Congress knew that this project would take several years longer than initially estimated). US Senator Dianne Feinstein (D -CA) has agreed to offer this language within the federal legislative process. Lower Newport Bay. Lower Newport Bay is a commercial and recreational harbor serving about 10,000 vessels, a US Coast Guard facility, an Orange County Sheriffs Harbor Patrol facility that covers two other harbors (Dana Point and Huntington), small shipbuilding, and more. The Harbor includes a Federal Navigational Channel that runs from the Newport Harbor entrance jetties to the area near where Pacific Coast Highway and SR -55 (Newport Boulevard) meet the Harbor (see Diagram 1). The channel and nearby waterways receive sediment from a 154 - square mile upstream watershed that includes the communities of Irvine, Lake Forest, Tustin, Orange, Santa Ana, Costa Mesa, and Newport Beach. The City of Newport Beach and our upstream partners, which include the cities listed along with the County of Orange, the Irvine Ranch Water District, and others, continue to expend, on an annual basis, hundreds of thousands of dollars in sediment management projects to keep the sediment where it should be. More than $145,000,000 has been spent in this watershed over the last 30 years to control sediment. However, some sediment continues to reach the Upper and Lower Newport Bays. Sedimentation in the Lower Bay is a significant problem for navigation and water quality, but primarily for navigation. Portions of Lower Bay have not been dredged to design depth in 70 -80 years (since the Harbor's creation). Other portions have been dredged in small bits and pieces, in amounts of $2-4 million per job. As a result, large portions of the Bay cannot accommodate normal boats with normal drafts except at higher tides. Dock damage is prevalent, too (see photo below). Larger boats with more significant drafts are almost entirely unable to use the Harbor (see Diagram 2). 0 0 UNB and LNB Advocacy June 23, 2009 Page 3 Lower Newport Bay, March 4, 2008 The Lower Bay's navigational channels have been an ongoing — yet unfunded — obligation of the Federal government via the Corps. Except for brief emergency dredging episodes, in past years (through Federal FY 2009), the President's Office of Management and Budget (OMB) has not allocated any funding for this Federal obligation. However, for the first time ever, President Obama has identified $1.78 million in his budget for the Corps to start work in Lower Newport Bay. We believe that, to properly restore the Harbor to its design depth with an overdredge of about 2', about 1.4 million cubic yards of material needs to be removed. As the Council is aware, disposal methods greatly affect cost. The more material that can be used on local beaches and disposed of at LA -3, the lower the cost. The more material that has contamination levels too high for offshore disposal, the higher the cost. This material will likely need to go into a confined aquatic disposal (CAD) site or trucked somewhere inland. The Corps believes that the cost estimate for the Lower Bay project is as follows: Lower Newport Bay -- Dredging Project (2010 -2012) Estimated Expenses and Estimated Fund Sources Assumes 1.4 million cubic yords @ $18 1cubic yord Expense (est) I g YQ: 1 2f1i1'k �' Sediment Testing 5 350,000 CADAnalysis 5 50,000 CAD Engineering/Design 5 350,000 Permitting/CEQA /NEPA 5 400,000 CAD - Construction, Use, Cap 5 1,500,000 S 1,500,000 Dredging 5 14,742,000 5 10,458,000 Totals $ 400,000 5 750,000 S 16,242,000 5 11,958,000 $ 29,350,000 Sources of Funds lest) 13 19FaL'Qa09 =2G1Q $ tF U1D OI1Fj? 7�ltII0i12613k1MiwrdtNIMMI City Funds (for CAD) S 400,000 S 600,000 $ 1,500,000 S 1,500,000 Federal Funds S 150,000 S 14,742,000 $ 10,458,000 Totals S 400,000 5 750,000 $ 16,242,000 S 11,958,000 $ 29,350,000 0 UNB and LNB Advocacy June 23, 2009 Page 4 Note that this number is significantly higher than City staff recently presented to the City Council. The updated dollar figures come from the US Army Corps' information provided to the City on May 28`h, 2009. The Corps believes that a price of $18 /cubic yard is more appropriate to use in cost estimation than earlier estimates reflecting an $11 -14 /cubic yard range. Removal of 1.4 million cubic yards should provide extensive and long -term relief to the Lower Bay's recreational and commercial boating activities, provided that this is coupled with a long -term effort to: • Continue the City's commitment to cooperatively funding (with our watershed partners) the maintenance of sediment catch basins in the Santa Ana Mountain foothills and in San Diego Creek; • Maintain and add to the Robinson- Skinner Annuity (currently containing $3.8 million for the "next" Upper Newport Bay dredging effort); and • Establish and maintain a good sediment management program for the Lower Bay, estimated to be one that removes about 60,000 cubic yards of material a year (possibly multiples of that every 3, 5, or 7 years), estimated now at $1,080,000 per year. This is a Corps obligation today. As noted, about $1.78 million is in the President's Budget for Federal FY 2010. This allocation is welcome, but falls well short of the Corps' capacity to do upwards of $14.7 million worth of work in the Lower Bay in FY 2010. As such, we will work with our members of Congress and with the California Marine Affairs and Navigation Conference (CMANC) to add funding to the Project as appropriations bills move through Congress this summer and fall. Santa Ana River Marsh /Newport Slough. The Santa Ana River Marsh is an ongoing maintenance obligation of the Corps and one that is associated with the Santa Ana River Mainstem Flood Control Project. This Corps construction project has been delayed or suspended because of limited funding. $1.9 Million is needed to complete the project. The 1990 construction of the Santa Ana Marsh was a project feature of the larger Santa Ana River Mainstem Project. The Marsh is located at the mouth of the river within the city limits of Newport Beach. The purpose of the marsh construction was to mitigate impacts from the River project and to restore 92 acres of coastal wetlands. Due to limited Federal Operation and Maintenance funding over the past years, the marsh has not been appropriately maintained. The amount necessary to restore the Marsh to its authorized project conditions is approximately $1.9 million. The City has been willing to consider working with a local land conservancy group to maintain and operate this Marsh area in conformance with Corps policy guidelines and environmental maintenance requirements upon the Marsh being restored to original design conditions. 0 0 UNB and LNB Advocacy June 23, 2009 Page 5 Santa Ana River Marsh Area To that end, this Agenda Item asks the City to continue our existing 12 -month contract with Van Scoyoc Associates (VSA) in Washington DC to work on these three efforts for us. Funding priority will be for the LNB followed by the Marsh, but we will also seek legislative authorization relating to the cap adjustment for the UNB. Last year at this time, the City informally spoke with a number of people for references, and staff was comfortable in recommending Mr. James Crum and Mr. Thane Young of VSA at the time. After a year of remarkable success, we remain comfortable asking for the 12 -month extension. VSA would operate under the same Professional Services Agreement and billing rate ($5,000 per month — the same as last year) for up to twelve (12) months if Council authorizes this action. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). 0 UNB and CNB Advocacy June 23, 2009 Page 6 Funding Availability: A budget amendment of $60,000 is required to fund this expenditure. Submitted by: Dave Assistant City Manager Attachments: Amendment No. 1 to Professional Services Agreement Budget Amendment 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR GOVERNMENTAL ADVOCACY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of June, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY'), and VAN SCOYOC ASSOCIATES, a District of Columbia Corporation, whose address is 101 Constitution Ave., NW, Suite 600, Washington DC 20001, ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On March 26, 2008 CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for governmental advocacy services related to Federal appropriations and interactions with the US Army Corps of Engineers for the dredging projects of the Lower Newport Bay, Upper Newport Bay and Seminouk Sloughs. B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to June 30, 2010. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. 1 including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. 1, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no /100 ($60,000.00) without prior written authorization from City. 0 40 3. The term of the AGREEMENT shall be extended to June 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: David R. Hunt City Attorney ATTEST: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich Mayor CONSULTANT: By: H. Steward Van Scoyoc President (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B— Schedule of Billing Rates 0 VSA will: Exhibrt A Scope of Work • Continue to work with the city to develop a promote a multi -tiered strategy to position the city for an integrated effort over the course of the coming year for the following projects: c Lower Newport Bay Dredging (Initial funding, Appropriations, Pres Budget...) • Upper Newport Bay Ecosystem Restoration Project (Appropriations. Stimulus funding, 902 policy_) • Seminouk Slough - Newport Slough Dredging These efforts involve a combined federal agency and congressional strategy that support and complement each other - linking agency policies and congressional funding decisions • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. • Identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also apply to the lower Newport Harbor dredging strategy or general needs. • Work with the city to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -three year cycle We will strategically approach funding this year for FY 2009 as well as attempt to have the project identified under the Army Corps of Engineers' submitted budget for FY 2010 and 2011. • Provide timely reports so that the city knows of relevant legislative and political developments. • Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. • Provide periodic updates on congressional activities and on the status of the city's priority issues • Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed. • Meetings with members, key congressional aides, and agency officials. • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. • Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. • Legislative or report language to correspond with your project requests. s • Appropriations and authonzation request letters from your delegation to use with the House and Senate Appropriations Committees • E- talking points for your delegation to use as you discuss requests with members of the appropriations and authorizing committees. (Oy of Newport Beach* BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 09BA -059 AMOUNT: 560,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following To increase expenditure appropriations from Tidelands unappropriated fund balance to fund a contract with a Washington DC -based firm to assist the City in advocacy for dredging of the Lower Newport Bay and the Santa Ana River Marsh dredging projects. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 230 3605 Tidelands Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit $60,000 00 Description Division Number 2371 City Manager - Harbor Resources Account Number 6080 Services: Professional & Technical $60,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval. Adminislr live Services Director Date Signed Administrative ApWi6val City Manager ale Signed: City Council Approval City Clerk Date * � L1632 PROFESSIONAL SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES FOR ADVOCACY REGARDING FEDERAL APPROPRIATIONS AND THE US ARMY CORPS OF ENGINEERS THIS AGREEMENT is made and entered into as of this 26'" day of March, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and VAN SCOYOC ASSOCIATES, a corporation, whose address is 101 Constitution Avenue, NW, Suite 600, Washington DC 20001 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to retain consultant services relating to Newport Bay. C. City desires to engage Consultant to assist the City in governmental advocacy regarding federal appropriations and interactions with the US Army Corps of Engineers regarding dredging Lower Newport Bay, Upper Newport Bay, and the Seminouk- Newport Sloughs ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members] of Consultant for purposes of Project, shall be Mr. James Crum and Mr. Thane Young. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. G. City Council has authorized this Agreement at its meeting of March 25, 2008. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 25t" day of March, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a monthly retainer basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty Thousand Dollars and no /100 ($60,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. Approved reproduction charges. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JAMES CRUM to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the CITY MANAGER'S OFFICE, with DAVE KIFF as the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such 428A PyNh ftm Rossi Wier 4A3mb- Yees- Page 4 materials in a timely manner so as not to cause delays in Consultant's work schedule. S. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 0 10. COOPERATION • assm MOFel�-?5,28 Page 5 Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 11. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities- performed and planned, and any meetings that have been scheduled or are desired. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 14. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 0 Page 6 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 16. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 17. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 7 18. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time pieriod, from the date of withholding of any amounts found to have been improperly withheld. 19. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 21. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeabiy financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. Page 6 22. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dave Kiff, Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3002 Fax: 949 - 644 -3020 E -Mail: Dkiffa) city. newport- beach.ca.us All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: James Crum Van Scoyoc Associates 101 Constitution Avenue, NW, Suite 600 Washington, DC 20001 Phone: 202 -638 -1950 Fax: 202 - 638 -7714 E -Mail: Icrum aC�vsadc.com 23. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily aa�ut, -�s; �eee -• Page 9 performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 24. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 25. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 26. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29. AMENDMENTS This Agreement executed by both Attorney. 30. SEVERABILITY Page 0 may be modified or amended only by a written document Consultant and City and approved as to form by the City If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 31. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 32. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: C c� Robin Clauson City Attorney City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation By: px��'e' zxv'e—'� Homer L. Bluda City Manager A City of Newport Beach rx ; a��f.;.t ATTEST: �.��ti i ;s CONSULTANT: �4Nf Y LaVonne Harkless, H.'Stewart Van Scoy�?IA President City Clerk Van Scoyoc Associat s Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Billing Rates Exhibit A Scope of Work VSA will: Zetr2 seas 4& Page 11 • Work with the city to develop a multi- tiered strategy to position the city for an integrated effort over the course of the coming year for the following projects: • Lower Newport Bay ( "one and done" plan and related) • Upper Newport Bay Ecosystem Restoration Project • Seminouk Slough - Newport Slough Dredging This involves a combined federal agency and congressional strategy that support and defend each other - linking agency policies with congressional funding decisions. • Work with each of the relevant members of the California delegation on filed appropriations. • Assist in managing the funding proposal such that it will be scored as advantageously as possible against the appropriations outlays and federal budget, working with relevant Committee staff to discuss the City's approach to lower Newport Harbor and its history. • Identify, evaluate, and assjst the City in seeking any other federal grants or funding opportunities that may also apply to the the lower Newport Harbor dredging strategy or general needs. • Work with the city to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -year cycle. We will strategically approach funding this year for EY 2009 as well as attempt to have the project identified under the Army Corps of Engineers' submitted budget for FY 2010. • Provide timely reports so that the city knows of relevant legislative and political developments. • Maintain a closely coordinated effort with the City by establishing regular contact through phone calls and emails. • Provide periodic updates on congressional activities and on the status of the city 's priority issues. • Routinely prepare for the City of Newport Beach the following work products: • Analyses of developments on legislation of interest; • Summary reports and draft testimony as needed; • Meetings with members, key congressional aides, and agency officials; • A white paper(s) geared toward elected officials and their staffs justifying the project requests in simple and straightforward language. Page 12 • Provide Congress with the exact appropriations bill, agency, account, and program from which the City is requesting funding. • Legislative or report language to correspond with your project requests, • Appropriations and authorization request letters for your delegation to use with the House and Senate Appropriations Committees, • Appropriations and authorization request forms that are required by the appropriations committees, and may be required by the authorizing committees, and • E- talking points for your delegation to use as you discuss requests with members of the appropriations and authorizing committees. • VSA will also provide a customized database to track all of our joint goals and actions and make it continually available to City staff. i • Page 13 Exhibit B Schedule of Billing Rates • $5.000 per month. 0 i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -Y03A (. ell 00 -a-oo g� Agenda Item No. 14 March 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dk'Iff @city.newport- beach.ca.us SUBJECT: Authorization to Contract with Van Scoyoc Associates regarding advocacy for Upper Newport Bay and Lower Newport Bay dredging; Budget Amendment. ISSUE: Should the City hire a Washington DC -based firm to assist us in advocacy for dredging of the Lower Newport Bay and for fully funding the Upper Newport Bay dredging project? RECOMMENDATION: 1. Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 with Van Scoyoc Associates to advocate for dredging the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; 2. Approve Budget Amendment #BA -_ relating to appropriating $60,000 for this effort. DISCUSSION: Upper Newport Bay Dredging. As the Council heard at its last meeting, the Upper Newport Bay Ecosystem Restoration Project (UNB ERP or "Project ") is about $12 -14 million short in funding. All of this shortage is on the federal government's share of the Project. The UNB ERP was a cost - shared project sponsored locally by the County (and its stakeholder partners like the City) and the US Army Corps of Engineers. Cost shares for projects like this one are 65% (federal) and 35% (state /local). Here is (roughly) the Project's funding status: UNB Ecosystem Restoration Project Project Cost Initial Estimates $ 38,500,000 Fuel + Added Items $ 3,500,000 Total Project cost (es0 $ 42,000,000 Sources of Funds Federal $ 14,650,000 State $ 13,500,000 Subtotal of Sources $ 28,150,000 Shortfall $ 13,850,000 • UNB and LNB Advocacy March 25, 2008 Page 2 To keep the Project moving by assigning more Federal funds to it Fiscal Year 2009 (which starts at the federal level in October 2008), the: • City and County submitted Appropriations requests submitted to US Senators Feinstein and Boxer for $12.3 million in FY 2009 • City sent letters to OC Congressional delegation to support that level of funding. • County reports that Congressional members are requesting additional FY2008 funding via "re- programming." • Corps representatives from the LA District visited OC Congressional members. • City will attempt to send /summarize the Newport Beach Chamber of Commerce's petitions from residents and get those to Congress. • City has asked upstream cities to ramp -up their letter- writing and calling efforts to DC. The City and watershed stakeholders have also discussed seeking other sources of funds, including: • Prop 50 project request — included within the IRWMP Phase I as proposed by City- County- IRWD. • State Coastal Conservancy — County, City, and other stakeholders will be asking SCC to add to their past support. • Wildlife Conservation Board — Stakeholders will ask WCB to help (this is a partner agency of DF &G). • More local funds — City has put upstream partners on notice that each agency should be prepared to help if need be, especially to match State funds, if available. • SEPs — State Water Board has a relatively small source of funds gathered via dischargers' penalties. Lower Newport Bay. Lower Newport Bay is a commercial and recreational harbor serving about 10,000 vessels, a US Coast Guard facility, an Orange County Sheriff's Harbor Patrol facility that covers two other harbors (Dana Point and Huntington), small shipbuilding, and more. The Harbor includes a Federal Navigational Channel that runs from the Newport Harbor entrance jetties to the area near where Pacific Coast Highway and SR -55 (Newport Boulevard) meet the Harbor (see Diagram 1). The channel and nearby waterways receive sediment from a 154 - square mile upstream watershed that includes the communities of Irvine, Lake Forest, Tustin, Orange, Santa Ana, Costa Mesa, and Newport Beach. The City of Newport Beach and our upstream partners, which include the cities listed along with the County of Orange, the Irvine Ranch Water District, and others, continue to expend, on an annual basis, hundreds of thousands of dollars in sediment management projects to keep the sediment where it should be. More than $145,000,000 has been spent in this watershed over the last 30 years to control sediment. However, some sediment continues to reach the Upper and Lower Newport Bays. Sedimentation in the Lower Bay is a significant problem for navigation and water quality, but primarily for navigation. Portions of Lower Bay have not been dredged to design depth in 70 -80 years (since the Harbor's creation). Other portions have been dredged in small bits and pieces, in amounts of $2 -4 million per job. As a result, large portions of the Bay cannot accommodate normal boats with normal drafts except at higher tides. Dock damage is prevalent, too (see photo below). Larger boats with more significant drafts are almost entirely unable to use the Harbor (see Diagram 2). • • UN8 and LN8 Advocecy Mauch 25. zoos Page 3 Lower Newport Bay, March 4, 2008 The Lower Bay's navigational channels have been an ongoing — yet unfunded — obligation of the Federal government via the Corps. Except for brief emergency dredging episodes, the US Office of Management and Budget (OMB) continues to provide no funding for this Federal obligation. Our attempts to secure funding via Congressional appropriations have been unsuccessful as well. We believe that, to property maintain the Federal Navigational Channel and the Harbor Entrance Jetties, about 60,000 cubic yards of material should be removed annually. At current prices ($11/yfl, this is a total cost of 5660,000 per year. Using a 25-year limeframe, that equates to $16,500,000 in Federal obligations in today's dollars. In recent months, the City has proposed that the Federal government de- authorize the Federal Navigational Channel (and Jetties) as a Federal project, thus assigning the responsibility to the City of Newport Beach and its partners provided that the Federal government dredge the full Lower Bay to design depth at a proposed cost of roughly $12,000,000 (roughly 1.09 million cubic yards). In addition, this action would result in one of the Corps' many authorized O &M projects going off the Corps' responsibility list and may therefore serve as a model for the Corps to prioritize its O &M budget 10. 20, and 30 years into the future. As the City understands it, such a deauthorization (and appropriation) would require a Congressional act (to deauthorize) combined with an appropriation within the Energy and Water Resources appropriations bill. The City intends to ask our local Members of Congress and our US Senators for help In achieving these goals. Basically, the proposal is as follows: LOWER NEWPORT BAY (NEWPORT HARBOR) FEDERAL DEAUTHORIZATION REQUEST Pmo -sel Summary: De- authorize, as a Federal (US Army Corps of Engineers or "Corpsl Operations and Maintenance ('O &M7 responsibility, the navigational channel and jetties in Lower Newport Bay (Newport Harbor) such that the future maintenance of these facilities be the ongoing obligation of the City of Newport Beach and related partners. De- authorization and ongoing O &M would be accepted by the City of Newport Beach only in the event that that the Corps or its contractor dredge the Harbor to its design depth (an approximate $12 million one -time cost). 3 • UNB and LNB Advocacy March 25, 2008 Page 4 This Agenda Item asks the City be able to hire an advocate in Washington DC to work on these two efforts for us. Funding priority will be for the UNB ERP, but we will seek legislative authorization with a hoped -for follow -up appropriation for LNB. The City has not had DC advocacy in the past except for limited periods of times on limited issues. We don't intend to keep a DC advocate permanently, but it does seem timely now, as the UNB ERP faces significant funding issues and as the City gears up on its proposal for de- authorization of LNB, to hire an advocate with a specialty in working with the Corps in DC and with Congress. The City informally spoke with a number of people for references, and staff is comfortable in recommending Mr. James Crum and Mr. Thane Young, both of Van Scoyoc Associates, to work on both efforts for us (funding for UNB ERP and de- authorization + funding for LNB). We have worked with Mr. Young extensively on this effort in previous years via our stakeholders group. VSA would fall under a typical Professional Services Agreement and bill at $5,000 per month for up to twelve (12) months if Council authorizes this action. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: A budget amendment of $60,000 is required to fund this expenditure. Submitted by: �C1 Dave KW Assistant City Manager Attachments: Diagrams 1 and 2 Budget Amendment Proposal from Van Scoyoc Associates q • • UNB and LNB Advocacy March 25. 2008 Page 5 Diagram 1 LOWER NEWPORT BAY FEDERAL NAVIGATIONAL CHANNEL • • UNB and LNB Advocacy March 25, 2008 Page 6 Diagram 2 LOWER NEWPORT BAY EXISTING SHOALING roblematic • • VAN SCOYOC A S S O C I A T E S H. STEWART VAN SCOYOC President February 11, 2008 Mr. David Kiff Assistant City Manager 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. Kiff: It is a pleasure to provide you and the City of Newport Beach a proposal outlining our qualifications and initial strategy to address the navigation issues of Lower Newport Harbor. VSA is a bipartisan, full- service government relations firm founded in 1990 that provides legislative and executive branch program expertise, liaison, and advocacy for nearly 250 different clients including over 30 municipal and local government organizations. We have formed the following team for the City of Newport that we believe is ideally suited to meet your needs: 1. Jim Crum, vice president 2. Thane Young, vice president Jim Crum will be heading the Van Scoyoc team. Crum has worked with municipalities for over 23 years with the U.S. Army Corps of Engineers, Department of Homeland Security, and FEMA. He understands how Federally funded programs work internally, their processes, and has key contacts with decision makers to help generate support for the federal funding needs of the City of Newport Beach. His experience with the Corps of Engineers includes 17 years with the Los Angeles District and more importantly serving in leadership positions for their Construction - Operations Division and Programs and Project Management Division. Thane Young, brings more than 20 years of experience representing municipal governments, trade associations, private businesses and water districts. Young has special expertise in public infrastructure, water, transportation, economic development, environment and flood control. Because of his work on behalf of western municipalities and water districts, Young has developed outstanding relationships with the U.S. Army Corps of Engineers, FEMA, the Environmental Protection Agency, the Department of the Interior, and other Federal agencies with jurisdiction in public infrastructure, economic development, and natural resources. He has also developed a strong relationship with the Senators and many Members of the California congressional delegation through previous consulting efforts for Upper Newport Bay. 101 CONSTITUTION AVENUE N.W. SUITE 600 WEST WASHINGTON. DC 20001 TELEPHONE 202 -638 -1950 FAX 202- 638 -7714 EMAIL STU ® VSADC.COM W W W.VSADC.COM • • As you will see from the enclosed proposal, our firm brings specific experience in representing local governments and navigation/regulatory issues related to municipal harbors. If after reviewing our proposal you require additional information, we will be happy to provide it. Jim Crum will be your primary point of contact, and he can be reached at the following: Van Scoyoc Associates, Inc. 101 Constitution Avenue, NW Suite 600 West Washington, D.C. 20001 202 - 737 -6561 jcrum@vsadc.com Thank you for your consideration of Van Scoyoc Associates. We look forward to providing federal legislative advocacy and consulting services to the City of Newport Beach. Sincerely J H. Stewart Van Scoyoc President 0 • ITti }rli� ; • • : • � • Federal Representation Services for the City of Newport Beach SUBMITTED TO: Dave Kiff Assistant City Manager City of Newport Beach 3300 Newport Blvd Newport Beach California - 92663 SUBMITTED BY: Van Scoyoc Associates, Inc. January 30, 2008 CONTACT: James M. Crum Vice President 101 Constitution Avenue NW Suite 600 W Washington, DC 20001 202 - 737 -6561 jcrum@vsadc.com VAN COC A s B 0 c I A V C B 101 CONSTITUTION AVE, NW I WASHINGTON, DC 20001 1 T: 202.638.1950 1 F: 202.638.7714 1 WWW.VSADC.COM VAN SCOVOC 0 • TABLE OF CONTENTS SECTION 1. Introduction to Van Scoyoc Associates ...... ..............................2 Name, Location of Firm, and Statement of Interest .................................................... ..............................2 Description of Finn / Background ...............................................................................». ..............................2 VSA Engagement Team for City of Newport Beach - Qualifications and Expe rienc e ..........................3 SECTION 2. Capacity to Perform the Work ..................... ..............................5 Van Scoyoc Associates Capacity and Expertise for Supporting the City of Newport Beach ...............5 Van Scoyoc Associates Work Plan for Lower Newport Bay Dredging Strategy ..... ..............................6 Van Scoyoc Associates will keep City staff and officials constantly updated ........ ..............................8 Van Scoyoc Associates'success in Federal program consulting and securing funding for municipalities ................................................................................................................... ..............................9 SECTION 4. Client References ........................................... .............................11 Contact Information for Current Van Scoyoc Associate s' MunicipatClients ....... .............................11 Van Scoyoc Associates currently represents the following cities, counties, and local government entities: ........................................................................................................................................................... 12 SECTION 5. Proposed Fee ................................................... .............................13 ProposedEngagement Fee .............................................................................................. .............................13 SECTION6. Summary ......................................................... .............................14 PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 1 fr) SECTION Z. Introduction to Van Scoyoc Associates Passion. Experience. Commilmenl. NAMF„ LOCATION OF FIRM, AND STATEMENT OF INTEREST Van Scoyoc Associates (VSA) is pleased to submit this proposal to provide federal representation services to the City of Newport Beach. VSA is a preimminent lobbying and federal affairs company and the largest such independent firm in Washington, D.C. We are located just west of the Capitol at: 101 Constitution Avenue NW Suite 600 Washington, DC 20001 202 - 638 -1950 We look forward to working closely with the City of Newport Beach to advance the city's priorities through legistative advocacy and consulting for federal funding strategies related to Newport Harbor. DESCRIPTION OF FIRM / BACKGROUND Van Scoyoc Associates is a bipartisan government relations firm thhat provides comprehensive legislative and executive branch strategic advice, liaison service, and advocacy. VSA's particular strength lies in crafting the authori;mtion and appropriation language needed to secure federal funding for a wide range of programs and projects. We are likewise skilled at navigating the federal regulatory and program processes. VSA is known for the substantive knowledge and broad experience of its principals — knowledge and experience that allow our firm to find creative solutions to seemingly intractable problems. Van Scoyoc Associates' approach has secured important results for municipal clients even through cycles of political uncertainty and partisan shifts. Perhaps the most reliable indicator of VSA's success is demonstrated by our high annual client retention rate. VSA's business model is founded on long -term relationships and client retention, not new - client generation. This requires significant attention to detail and constant interaction between VSA and its clients over a long period of time. VSA's commitment to bipartisanship is key to achieving client objectives. The firm maintains a current roster of approximately 30 principals with Republicans and Democrats in roughly equal measure. In addition, the ♦'A'.%' S'COVOC .. . . 11 i , .. . .. . PROPOSAL FOR CITY OF NEWPORT BEACH 1 SU &'n1TTED 02.12.081 PAGE 2 B VAN SCOVOC C 1 A T 6 e 0 0 firm has nearly 50 legislative and support staff who ensure our clients' needs are met. VSA and its affiliate companies are just steps from the Capitol. City of Newport Beach officials will be able to use VSA's guest offices during their visits to Washington, and our attractive meeting rooms are frequently used to host client meetings, congressional briefings, and political events. VSA ENGAGEMENT TEAM FOR CITY OF NEWPORT BEACH — QUALIFICATIONS AND EXPERIENCE For the City of Newport Beach, VSA proposes an engagement team with a deep understanding of federal navigation policy, U.S. Army Corps of Engineers' program, and a record of success representing public entities before the Congress and the executive branch. Jim Crum, vice resident, will serve as the principal consultant and coordinate the efforts of VSA on behalf of the city. While the resources of all VSA principals and legislative staff may be drawn upon at any time to advance the city's agenda, Crum will have personal responsibility and will serve as the primary interface for the City of Newport Beach under this proposal: Jim Crum has extensive experience in municipal project planning, funding, and implementation through federal agency programs. He is a problem - solver in implementing local and regional projects, from resolving local issues to linking and influencing national policy and funding. During his 18 years with the U.S. Army Corps of Engineers, Los Angeles District, Crum served in leadership positions in all aspects of the lifecycle of project and program development (planning, design, construction, operations, and emergency management). He led and resolved not only the standard project issues during his career with the district, but also found innovative solutions through his extensive knowledge of corps policies and federal regulations. At the time of his departure, he had served two years as the deputy to the Programs and Project Management Division Chief; Brian Moore. His responsibilities included the oversight of over 75 district projects including coastal harbors and navigation issues. )n 2001, he moved to the Washington, D.C., corps headquarters to serve on a number of special assignments, all related to national and international infrastructure policy. These duties included a year on Capitol Hill working for the Senate Appropriations Subcommittee for Energy and Water. He helped develop the Fiscal Year 2001 Energy and Water Appropriations Bill and worked closely with the Office of Management and Budget and the administration to align funding strategies with federal agency policy. He also worked a year with the newly formed Office of Homeland Security as PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 3 12 the director of infrastructure recovery for then - Secretary Tom Ridge, and a year as the director of national policy for the corps' hydropower program. From 20042007, Jim was on special assignment for the Department of Army leading the Washington, D.C., office for the historic Iraq reconstruction program, consisting of over 3,000 infrastructure projects and a $13.5 - billion budget. This past May, he left the Department of Army as the director of the project and contracts office for Iraq and came to VSA to expand the firm's infrastructure practice and expertise with federal agencies. Jim received his bachelor of science degree in civil engineering from Loyola Marymount University and his master of science degree from Stanford University in water resources planning and management. Thane Young has developed outstanding relationships with a number of federal agencies because of his work on behalf of municipalities and water districts, including many California municipal clients. He has worked with the U.S. Army Corps of Engineers, the Federal Emergency Management Agency, the Environmental Protection Agency, the Department of the Interior, and other federal agencies with jurisdiction in public infrastructure, economic development, and natural resources. His experience includes working with the Irvine Company on Upper Newport Bay environmental restoration projects. Thane has special expertise in public infrastructure, water, transportation, economic development, environment, and flood control. He is a former director of government relations at the National Association of Realtors and a former staff member for U.S. Senator Pete Domenici, R -N.M. Thane has represented the interests of such organizations as the National League of Cities, the U.S. Conference of Mayors, National Association of Flood and Stormwater Management Agencies, the National Association of Realtors, and the National Association of Homebuilders. Thane has a batchelor of arts degree from Brigham Young University and did post - graduate work at California State Polytechnic University, San Luis Obispo. VAN SCOVOC A „ a o � I .. R . PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 4 i3 • 0 SECTION 2. Capacity to Perform the Work VAN SCOYOC ... O f, A T R VAN SCOYOC ASSOCIATES CAPACITY AND EXPERTISE FOR SUPPORTING THE CITY OF NEWPORT BEACH As note above, our firm has a solid track record of representing cities and municipalities. We have a consistent record of success on behalf of our clients, and we are prepared to succeed on behalf of the City of Newport Beach. Congressional Appropriations and Authorization. VSA's experience with the congressional appropriations process makes us a top Washington firm for municipal clients. Our personnel bring decades of experience working directly with the House and Senate Appropriations Committees, including the Energy and Water, Justice, Homeland Security, Transportation, and Judiciary Subcommittees. We offer highly specialized consulting and advocacy services to ensure all of our clients are positioned for success. VSA likewise offers highly specialized authorization expertise. Some lobbying firms mistakenly neglect the authorization process. But Congress routinely considers multi-year authorization bills for a variety of infrastructure needs, including transportation and water - related projects. We have successfully advocated for clients in these authorization measures, with a success rate that reflects the skill of our principals in working with these accounts and the relevant committees. Since the lower Newport Harbor strategy may involve a project de- authorization, it will be critical to integrate the appropriations steps with the authorization committee staff to ensure there are no unintended legal or policy obstacles. Agency Expertise. In addition to our congressional advocacy, VSA has helped clients navigate the complex and cumbersome federal grant, regulatory, and project processes. VSA has worked with over 62 primary federal funding programs for municipalities across seven federal agencies. This makes VSA uniquely qualified to lead cities and municipalities through these programs, developing targeted strategies and building personal relationships with the agencies and their corresponding congressional committees. Specific to this proposal, VSA has 12 years of experience working with the U.S. Army Corps of Engineers, municipal based programs, and federal appropriations /authorization issues. Unmatched client service. Van Scoyoc Associates is proud to have one of the highest client retention rates of all Washington firms. This is due not only to a strong record of success, but also to the professional and attentive manner in which we work with all of our clients. The City of Newport PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 5 Iq • Beach would be provided the full resources of each of our principals and legislative support staff. VAN SCOYOC ASSOCIATES WORK PLAN FOR LOWER NEWPORT BAY DREDGING STRATEGY Upon being selected to represent the City of Newport Beach, VSA will immediately begin working with the city to develop a multi-tiered strategy to position the city for an integrated effort over the course of the coming year for federal dredging funding. This involves a combined federal agency and congressional strategy that support and defend each other — linking agency policies with congressional funding decisions. If the city can make a representation selection prior to the FY 2009 member appropriations request deadlines (the February 2008 timeframe), we can assist in preparing the request forms and arguments for successful consideration of the city's requests. This is an immediate and pressing decision. If we miss the deadline for member appropriations requests, there remains much advocacy work to be done. Congressional appropriations remains a fluid process throughout the year, and it is never too late for the city to launch a zealous advocacy for its priorities. VSA will immediately work with each of the relevant members of the California delegation (i.e. Sen. Feinstein, Sen. Boxer, and Rep. Campbell) on the filed requests. It is critical the requests of the City of Newport Beach be considered by members as top -tier issues, thus enhancing the likelihood for successful consideration by the committee. Likewise, it will also be critical that we frame the need in terms that the delegation can support and defend. Most likely, this will be supported by a strategy that demonstrates long -term savings to the federal government through a shorter term investment. This effort will include addressing how the funding proposal will be scored against the appropriations outlays and federal budget. Likewise, we will work with relevant committee staff to discuss the City of Newport Beach's approach to lower Newport Harbor and its history. Our goal is to generate the broadest support among the committee members and staff to withstand scrutiny and bill conference negotiations. Through intelligence gathering and advocacy, we can determine if additional information or tactics are needed. We can provide guidance to city staff on appropriate times to follow -up, to provide additional city reports to the delegation, or to seek additional advocacy meetings. Throughout the relationship, we will identify, evaluate, and assist the City in seeking any other federal grants or funding opportunities that may also VAN SCOVOC .1 . I . A T 9 K PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 6 I j 0 • apply to the the lower Newport Harbor dredging strategy or general needs. VSA maintains a working database of federal grant programs and will work with the city to identify any opportunities to secure additional funding. At this time, we see the approach for completely funding the dredging requirements for lower Newport harbor as a two -year cycle. We will strategically approach funding this year for FY 2009 as well as attempt to have the project identified under the Army Corps of Engineers submitted budget for FY 2010. We recommend taking an approach that has multiple paths for success to increase our chances for a positive outcome in today's political environment. VSA will provide timely reports so that the city knows of relevant legislative and political developments. VSA prides itself on being "ahead of the curve" so that the city can learn of and take action regarding events or opportunities before they occur. Maintaining a closely coordinated effort with the city, VSA will establish regular contact through phone calls, emails, and whatever other methods the city prefers. VSA can provide weekly updates on congressional activities and written periodic reports on the status of the city's priority issues. As a matter of practice, VSA will routinely prepare for the City of Newport Beach the following work products: • Analysis of developments on legislation of interest, • Summary reports and draft testimony as needed, • Meetings with members, key congressional aides, and agency officials, • White papers geared toward elected officials and their staffs, justifying your project requests in simple and straightforward language. As part of this process we provide Congress with the exact appropriations bill, agency, account, and program from which you are requesting funding. Such specific information is critical to ensure that your requests receive serious and thoughtful consideration by the appropriations committees, • Legislative or report language to correspond with your project requests, • Appropriations and authorization request letters for your delegation to use with the House and Senate Appropriations Committees, • Appropriations and authorization request forms that are required by the appropriations committees, and may be required by the authorizing committees, and • Talking points for your delegation to use as they discuss your requests with members of the appropriations and authorizing committees. VAN SCOVOC T B! O f, A T F. P IW PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.061 PAGE 7 s s • • VAN SCOYOC ASSOCIATES WILL KEEP CITY STAFF AND OFFICIALS CONSTANTLY UPDATED As noted, VSA will provide timely reports to keep the city aware of relevant legislative and political developments. At the city's direction, our team can provide monthly written legislative updates, engage in regular conference calls with city staff, or establish any other desired reporting structure for the city. Your VSA team will also provide a customized database to track all of our joint goals and actions and make it continually available to you. This web -based database is meant to complement our direct interaction and planning efforts and to provide a tool for the sharing of exclusive information about our mutual efforts. VAN SCOYOC n r e o c. .1 r e n —) PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 8 / • E SECTION 3. Experience with Similar Projects and Successes VAN SCOYOC ASSOCIATES' SUCCESS IN FEDERAL PROGRAM CONSULTING AND SECURING FUNDING FOR MUNICIPALITIES Van Scoyoc Associates has been very effective in working with municipal clients to secure federal funding through a variety of vehicles. Of significant note, the Fiscal Year 2007 legislative process ended with virtually no congressionally directed spending for member projects. Many firms, therefore, were unsuccessful advocating for their clients. However, VSA brings far more value to municipal clients. For example, because Congress did not earmark in FY 2007, federal agencies were given additional discretion in allocating funds. VSA worked with the Army Corps of Engineers to reprogram funds to benefit a water reuse project for a water district in Southern California. As a result, we were able to secure a higher level of funding for the water district's top priority project even in a year when there were no congressionally directed projects. Similarly, in addition to securing over $100 million in authorizations for water resource and infrastructure improvements in the Water Resources Development Act of 2007, VSA also helped secure authorization for the Corps of Engineers to study and remediate, at federal expense, environmental impacts of an existing harbor project. On the appropriations front, some of our client successes in the last five fiscal years include the following: Water & Sewer Projects: • The City of Fayetteville, Ark., received $500,000 in FY 2006 for a wastewater and sewer project. This was just one of many drinking water and wastewater assistance projects (ranging from $250,000 -$4 million) secured by VSA. • Over the past several years, VSA helped secure approximately $20 million for the City of Stockton, Calif., for a critical flood control project through energy and water appropriations. • VSA helped the Mission Springs (Calif.) Water District secure over $6 million in the previous four fiscal years to construct a sewage collection and treatment system and to develop water reuse opportunities. VAN S3COYOC • • T • PROPOSAL FOR: CITY OF NEWPORT BEACH 1 SUBMITTED 02.12.081 PAGE 9 I 0 • Economic Development Initiatives: • The City of Baltimore received $3.6 million for FY 2003 -2006 for an economic development program that expanded job training programs for entry -level careers in construction and biotechnology. • The City of Fayetteville received $1.1 million In FY 2006 for the Arkansas Research and Technology Park. • The City of Detroit received $2.1 million in FY 2006 for the city's Far East Side redevelopment initiative, combining both an Economic Development Initiative mark and a STAG grant. Public Safety Initiatives: • The City of Glendale, Ariz., secured $352,500 for a law enforcement technology initiative in FY 2008, as well as $940,000 in public safety equipment funds. • Washington City, Ore., in FY 2008 received $446,500 for a drug court and $211,500 for a drug recovery mentor program. • The City of Detroit in FY 2006 secured $200,000 for a community policing initiative, $250,000 for its Operation Take Back Narcotics Enforcement, and $200,000 for its Citizens and Youth Academies. Transportation Projects: • The City of Stockton, Calif., secured $4 million in FY 2006 and FY 2008 for a new interchange and arterial roadway to improve access to the city's airport and surrounding industrial parks. • Washington City, Ore., received $735,000 in FY 2008 for a regional highway. • The City of Seattle, Wash., received $590,000 in FY 2008 for a seawall infrastructure project. • The Alameda- Contra Costa Transit District received $2,450,000 transportation and infrastructure projects in FY 2008. VAN SCOVOC A e 0 c I .. I P PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 10 1 s i F SECTION 4. Client References 0 CONTACT INFORMATION FOR CURRENT VAN SCOYOC ASSOCIATES' MUNICIPAL CLIENTS City of Glendale, Ariz. Jessica Blazina Intergovernmental Programs Director 5850 West Glendale Avenue. Glendale, AZ 85301 (623) 930 -2037 Iblazina@glendaleaz.com City of Stockton, Calif. Gordon Palmer City Manager 425 N. El Dorado Street Stockton, CA 95202 (209) 937 -8294 gordon.palmer@ci.stockton.ca.us City of Long Beach, Calif. Tom Modica Manager of Government Affairs, City Managers Office 333 West Ocean Blvd., 13th Floor Long Beach, CA 90802 (562) 570 -5091 tom_modica(Plongbeach.gov Personal References for Jim Crum Steve Dwyer, Chief, Operations Branch Los Angeles District U.S. Army Corps of Engineers 213 - 452 -3385 Brian Moore, Chief ,Programs and Project Management Division Los Angeles District U.S. Army Corps of Engineers 213 -452 -3971 VAN SCOYOC r x PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED OZ.12.081 PAGE 11 �.� • • VAN SCOYOC ASSOCIATES CURRENTLY REPRESENTS THE FOLLOWING CITIES, COUNTIES, AND LOCAL GOVERNMENT ENTITIES: • Mobile County Commission, Ala. • Placer County, Calif. • Washington County, Ore. • Merced County (Calif) Association of Governments • City of Baltimore, Md. • City of Cathedral City, Calif. • City of Dana Point, Calif. • City of Elk Grove, Calif. • City of Fayetteville, Ark. • City of Gadsden, Ala. • City of Galt, Calif. • City of Glendale, Ariz. • City of Gulf Shores, Ala. • City of Long Beach, Calif. • City of Norwalk, Calif. • City of Orange Beach, Ala. • City of Stockton, Calif. • City of Talladega, Ala. • City of Westminster, Calif. • Alameda- Contra Costa Transit District • Dallas Area Rapid Transit • El Dorado County Transportation Commission • Los Angeles County Metropolitan Transit Authority • Alabama State Port Authority • Cleveland - Cuyahoga Port Authority • New York/New Jersey Port Authority • Eastern Municipal Water District • Georgetown Divide Public Utility District • Mission Springs Water District • San Joaquin Area Flood Control Agency • South Montebello Irrigation District • Orange County Fire Authority VAN SCOVOC w a• o r w x e n PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 12 • • SECTION 5. Proposed Fee PROPOSED ENGAGEMENT FEE Van Scoyoc Associates charges a flat monthly retainer to ensure full- service advocacy. This includes all services, work products, expenses, and other deliverables. Extraordinary expenses such as travel and accommodations must be pre - approved by the city and the cost incurred by the city. For the City of Newport Beach, VSA proposes a flat monthly retainer fee of $5,000 per month, for an annual total engagement fee of $60,000. We believe this is a competitive fee and will provide the city with the highest quality representation at a reasonable price. VAN $COYOC A T e a PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 13 j p SECTION 6. Summary Van Scoyoc Associates, Inc. is pleased to submit this response to the City of Newport Beach request for proposals. Van Scoyoc Associates is ready to undertake the strategic federal relations work of the city with the specific expertise that can meet your needs and be customized to your priorities. We welcome the opportunity to discuss this response further. If you need further information, please contact Jim Crum using the contact information listed below. We look forward to hearing from you in the near future. Van Scoyoc Associates, Inc. 101 Constitution Avenue NW Suite 600 West Washington, D.C. 20001 202-63 8-1950 202- 638-7714 fax Contact person: Jim Crum, Vice President, jcrama"adc.com 202 - 737 -6561 VAN SCOVOC .\ a n 1 A r P „ PROPOSAL FOR: CITY OF NEWPORT BEACH I SUBMITTED 02.12.081 PAGE 14 J OW of Newport Beac JS NO. BA- 08BA -056 BUDGET AMENDMENT 2007 -08 AMOUNT: S6o,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated Tidelands fund balance to enter into a contract for assistance in advocacy for dredging of Upper Newport Bay and Lower Newport Bay. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 230 3605 Tidelands Fund Balance $60,000.00 REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 2371 City Manager - Tidelands Account Number 8080 Services - Professional & Technical $60,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Autumahc System Errhy. Signed: IF - J Financial Approval: Administrativ ervices Director Date Signed: 6 A ministrative Approv : City Manager D to Signed: City Council Approval: City Clerk Date