03.06 Legislative Advocacy Services *���°�°�c* AGENDA ITEM �
�:. :�
9y����cPti�� September 11, 2018
��
Reviewed/Verified
TO: Honorable Mayor and City Manager
Members of the City Council Finance Direct
To Be Presented By:Bonnie Hagan
THRU: Rick Otto
City Manager / X Cons Calendar City Mgr Rpts
FROM• Bonnie Hagan �� Council Reports _ Legal Affairs
� Boards/Cmtes Public Hrgs
Community Services Director Admin Reports Plan/Environ
1. SUBJECT
Agreement with Townsend Public Affairs, Inc. for legislative advocacy services related to
acquisition of portions of Hart and Handy Parks from Caltrans in an amount not to exceed$30,000.
2. SUMMARY
Approval of an agreement with consultants to develop and implement a legislative strategy to
acquire portions of Hart and Handy Parks from Caltrans, as long-term leases for both properties
are set to expire in 2023 and 2024 respectively.
3. RECOMMENDED ACTION
Approve agreement with Townsend Public Affairs, Inc. in an amount not to exceed $30,000, and
authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this amendment is$30,000 and will be funded in the Hart Park Pickleball
and Fitness Circuit Project (20315) through Park Planning, Acquisition and Development
(Quimby) (511).
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promote quality of life in the community
a. Refurbish, maintain, develop and/or expand public use places and spaces.
ITEM 3 • �P 1 9/11/18
6. GENERAL PLAN IMPLEMENTATION
Natural Resources Element Goal 5.1: Maintain existing City parks at levels that provide
maximum recreational benefit to City residents.
7. DISCUSSION and BACKGROUND
Background
The City of Orange (City) currently leases 9.24 acres of open space land from Caltrans, located at
Hart Park adjacent to the 22 freeway. A map is attached for reference. Hart Park totals 53.76 acres,
including the 9.24 acres of leased land. In 1973,the City entered into a 50-year lease with Caltrans
which expires in 2023. The City has made park improvements on the leased area which include a
portion of a softball field, restrooms, concrete walkways, the Hoyt Municipal Orange Grove, and
other general park landscape improvements. The City also leases 5.66 acres of open space land
from Caltrans, located at Handy Park adjacent to the 55 freeway. A map is attached for reference.
Handy Park totals 7.31 acres,including the 5.66 acres of leased land. In 1974,the City entered into
a 50-year lease for this property which expires in 2024. Park improvements on the leased area at
Handy Park include a large portion of two baseball fields with a soccer/football overlay, the
majority of the parking lot, restrooms, a portion of the snack bar building, a community building
(utilized for tiny tots, after school recreation, and summer camp programs), tot lot, and sand
volleyball courts.
In early 2017, the community came forward with a request to add pickleball courts to our park
offerings. After evaluating several options, with City Council approval, staff applied for a Land
and Water Conservation Fund (LWCF) grant to help fund building pickleball courts at Hart Park.
Land ownership is a component of the grant application. As such, staff contacted Caltrans to
inquire about options related to acquiring the park property or renewing the park property lease.
Coincidently, Caltrans was concurrently preparing notification to the City stating they no longer
needed the potential right-of-way property and therefore was not going to pursue a lease renewal.
Instead, Caltrans plans to de-certify the property and sell it pursuant to the Caltrans Transportation
Commission (CTC) guidelines.
Staff inet with Caltrans to discuss the process and options for acquiring the properties at Hart Park,
as well as Handy Park. Caltrans staff was helpful and outlined two potential options. Option one,
as outlined in the CTC guidelines requires Caltrans to de-certify the property (con�rm that no
division within Caltrans still needs the property for future freeway expansion) and sell the property
at fair market value. The CTC guidelines allows for Caltrans to sell the property directly to the
City, at the City's request, without a public bid process, as the City is an existing lease holder. To
this end, in February the City Council adopted Resolution No. 11065 and No. 11066 authorizing
the City Manager to negotiate and execute an agreement with Caltrans to acquire the property in
fee. This allowed Caltrans to start the de-certification process immediately.
ITEM 2 9/11/18
The guidelines, however, still require the property to be sold at fair market value. To this end, the
City contracted with Kiley Company Real Estate Appraisers to complete appraisal reports for both
properties. In April 2018, the draft report appraised the property at Hart Park at $1,409,000 and
Handy Park at$863,000, for a total of$2,272,000.
The second potential option to acquire the property is for the City to work with its elected officials
in Sacramento to sponsor a bill, virtually transferring the property to the City to continue to use it
as a public park in perpetuity. On May 9, Townsend Public Affairs (TPA) organized a trip to
Sacramento on the City's behalf, for staff to meet with elected officials regarding the Active
Transportation Program (ATP) for the Santiago Creek Bike Trail — Extension Project. Staff inet
with Senators John Moorlach and Janet Nguyen, as well as with the Legislative Director for
Assembly member Tom Daly. In these meetings, staff took the opportunity to discuss our Hart
Park and Handy Park acquisition situation. All three offices were supportive of assisting the City
in working with Caltrans to allow for a simple transfer of the properties through a legislative bill,
with Senator Moorlach indicating his willingness to sponsor legislation to require Caltrans to
transfer the properties to the City.
Discussion
Based on the positive response from our elected officials and the appraised value of the properties
being over$2.2 million, staff has prepared the proposed agreement with TPA to pursue a property
transfer bill sponsored by our legislative representatives. TPA is a legislative advocacy and grant
writing firm that provides state,federal, and local lobbying and funding services to public agencies
and nonprofits throughout California. The City is currently working with TPA on the ATP grant
and has worked with TPA in the past.
The scope of work for the proposed agreement includes two phases. Phase 1 is to develop a
legislative strategy as the next round of Assembly bills are developed between October—December
2018. Phase 2 is implementation of the strategy from January — September 2019. This includes
working with the Assembly, Senate, and Governor's of�ce to shepherd the bill through the
legislative session, advocating for the passage of the bill.
The agreement is being funded through park development fees, Project 20315 (Hart Park
Pickleball and Fitness Circuit). Land acquisition is a requirement of the Land and Water Grant the
City applied for to fund the project. Although we were notified the project was not funded for the
current cycle, the Office of Grants and Local Services has confirmed they will retain our project
application for future consideration if funding is available. As staff works to secure park
ownership, we are continuing to update the grant office on our progress.
8. ATTACHMENTS
• Attachment A-Map of leased property at Hart Park
• Attachment B -Map of leased property at Handy Park
• Draft Agreement
ITEM 3 9/11/18
ATTACHMENT A
� ":�- �� � ��: � ► 1 �
.
�.. 4 =+� �, F �l �. �
bo I y '. �
;
.,� �F � � � � �
,.,*� �..w . ., � �
� � � ���` ,'�, � ' �'
� � � � �
,� , , 1 ��
`` ` a
.
;�.� � : � � i � ��
, � � � S
`��'',..'`;�' ` ?
„ � .��,* 'y � �u
,,
��� �'.,,� i
.
, ` �`�.. .•. t
`\� I
���t�4`�.��`��..��.� I t
�..��.\^�4."`. .\�.. i
�..\ ^ �..4',�� ,,�� i � .
�1 I �
����ti���� { � t
'
� , � j �
.�. A.,. ` 1 .. >
,� � + I � I � `
'�`��,�. i f l � � G� � s•
�` \�`` �� � I p+ .
, �
d � y'. . ..\,.� ,I � J � � .
. , � h.-. r'�,
' t a . �1 . . .��'. * i � � � � � � �
. '�,.'�� �y'� •�; `'���. ��� � ; � � �
�
�` ' ��\ � � � �
, • ° � . L., `��`:�;'\; � � (
� � .���.� ..
�. � i t
� \���tit� � �- � I � t M1
I
'�` -.,�` � �� � � � �
� �. ,�,`�' �` � !" ' �
� (�n� *;� \t �. •, r j +� ,
'I � �..���� :: 1 � � �
�:` ` �` . � rf', �' j i
, `���`��.` 1 j ; ; �
�:, i i � I
:t���. �,'�.�:. � 1 I � ± '
.�\ j� i � i ; �
�. � ' . V�� � -�`, "� � �✓7 ! � � I y
� • I �
� � � \\ `� -�^� Z i
� � '' \ 1\�i_h� + I
�\� .��':� �
` a � ' �
�.�! �� ��� � � � � � �
! 1�. � \���„`�.�' ~ I � �
�z '`�� �. �� (
� �
� �'1'"`� �`�`��♦ � ( � � ��
' �; _ . � ~��` �` ,4 f � � �� �
� \
. �,� �� .\ ' �, � I J . 1 �
,` � �..'. � O i �
� �
� � � � �� � «
� �`�,� I 1 Q � 7 � 41 �
�i I � L.l j � ..
� � `�'`�� ( j�� � W �� '
� ,,��. ,�f � � fr� ( .
.�
;
:�,' ,����� � _ � Ir � ,� � �
�.
� ` � � � � � 1 �
� �: �'�;� � �� r ;'
.� _.._._ �� � .._. � �� 1 -
;
.r_ � � � '�
, ) � , .� -�_
�._.. �� �m f, r,.
,
,
I ,, 3ntiaav a�m�
--- � � r , ';�
.� , __
______ �._ ._. , t �, - ---
� _ � 1 � ;�; _
��� . � F; ��� t � Oz j� �'�, ���1 � �
� �
Attachment A
Page 1 of 2
ATTACHMENT A
�._ ' :..�' � m�'� � � ' �..- . , � L�
,�- .,.� _ _�-��� � �
�� '1 ` ... '{y
� �ti _� I
_.r..s �.t .� ti :, , . _ _._ ,
r� _ _-.. .,._. . ._._. � �W �,
� � 1�'a�AdLS .:�•XS1Y�M —._ � .
_..__._ � _. _ ._.._. _ ,. ._.. .... � �
.:�'�..�. .� � �� �--'-�—��-�-'-- ��� � �
� �
�,� � � ^ �
�; , �. ; ��
� � � �
. . ��'� �� �� �� � "'�' ...�
ti �5 j -
r �
�1� �t'� �t'� � q �� �''r�
`�
`ti � ��.� ��` '�, M �.
�t `�2�
'', H
�;N R 1 St � J = Y
�
� �� � 3 � � �
� � � �
�. �� �ti �.. � . :k' � " j�
ti' LL- � � � r� s
� u`� � � � � �
. � 1ti � � �.
� �
� -'��� � � � w ��� � � .,�����,�
� �.� ti �
3 � J '' �I � '
y/'y � � ,
� i� A i� \ u4� ` 1�I � .
N �� y �1 � ' . .
Y �
1 � y�
� y e y y��
I { '�
� �� t t` 5 7 'l � '6!
S �1 !
� �S 4`Ly 41� ya
�b§^:^ 4� h\�� 'I I(�y 1`� �i
� � � ��'� ��' � y4 � ,� � �
t �`'.,�'����. � � .. �t; � .
\. .'� '.,- i . �
. ��- ��� .'� �
. , �� i
` t" \�. .�,. �,.+.i �-� t � � ' �`
�. �"=y��i :'4 ..., � 1..j�1 . y �
� 7
,d�, „ . ,� 1� Il i p' -x.
�
M� h '�� 1�, ,. � ( � 1�
� � �� � � �."�e\y ,� 1 �` I' .
t
a � �\ i � j
A � '(
l ry
� � ..�_l . �,4�`'. y i' ��� �P{ �(i
��
1 ♦
, �+l � � � 4
�
_'tl` _` �,�. � 'I = � � ". x
1 �
*� ..�\ �n.6n,�v�
�! �+.' � , . ��„�,
�:��1� .� .� �. � j �� I .#
\1
�� �"�`'�, . y. �- � � 1 i
� ( I 1 � k
� � . ` '� ��*. 1, � � � . !� . i
.� '� •'l 1 1 I 3'�f
4 '�, � ,� '� � ��
� .
,y
, �� I
� � ���,1� ' ' II � '�
��``. �'�.�,"•` \.w.�';. � ( � . .r iY;
J '� ��i �
' �`�`�,"4 �.,w. i � a'�
--— —���-�^` : ;�, 4 � �! .
. �, �:�� ="a
� � �z
Attachment A
Page 2 of 2
�'_.'"� �a ,. [�k � �e"� . '� "+�� �� �� ��+r �! w
nYWJW.. T
� [I/� /
��+r�.,,_ �� I �� ���M/_�u�1- v�I '�n
� �, r r� 4 , � � . ���T
I [�l
� ,1iY. ���5'YJ�
I � �. I7. L(iMt��V� �� I!%
� �
� �;�a � : fe1 � L � �1 R � � <�
� �
� �..�� ,
� >,� � �t =� `�
,w. io. , �� ,�•^y F'�qS �.s�:�/-�':
� \ t'� ,' � ��V l°� ��1 �a� x . i„/ �
�-. � I ♦ *A� .�, �rY — .
I �J 6�: I 3I; f ,,_'�+.1 • � _.v,c...a `��
a�.
,�, .a � e aea�v,rMt-.� ,s,.�, a
�4M�il.M'l�'�t�T pyP]!, �� -
. , Ih�7'.' ' .` `,.� �, d`G"•. . �1 � II�! �tlJ ���} N
� , ( � � �� �_' -.+.�
� 3
�....�., .._. .� �
� , __---�_ �
� µ
D n . � �.,..r..�.-o �--�'�' .w• � -,
� ry „ k_.':` . � ���. •�1'�'�-�� \1 4��..� Lti
� � .* . �� .\ `�y�1 � ����p � ..�: � . '.
� S � . . 2 � � 1 ��T �\\ t�^?\�.�\\M1 4 ;���i\ � � \`4t L``*• �. t�
�'' � _^ � ' ����1���. � .\, ��'t � � �r` ��` ,��� � ��,� `*„ , �.�A,� �i6
�'
O (D � � �. .`�vi \",'��''a.�'`"1��'�,�t\''`�.',� �.� .W' � \''E��`..� � ti}�. O\ ..
� l � `.,� Y ' �.� � ��ti � � �,�
��
F, r�i 1 t.- �`\�'�,\,\`*�\� �� °.`�1.� ���•:��\.. \�,`�,�'� �, ,+.• ! .�\ ,\`'+�4'�� � �
W t ,``i�,l�y`����..t``�a�� ������ .. \��\1�i`+.^.� `.`�� ��\�. 'ti.�,S�+�ti�,`�\ 1-"� _
1 yy, . q i ..}.ti.. .�`\�'�t\�� �`t'*.,�. ,���e�`�14 Y' '.���',��a'.� �'y�"�'.�'`��.��.. �''�'J:il.+-a'''�r:.....�
i � 2 .\e�^,�'y1'4��.\� \ 1. . � , \.i.0 4 \ . . �' ti��i.'�i�r4..1.
I � � . `i'�� �*`.\.��'+,t'`�� �}'4ti�*t��,� .�..`s�a.-� .� � ..,,.� 1��. . .. ., �_._._' _ ..�...�. '
, , �L'L.i.a-h ,� 4 � .�.-r���-���_- �.—^��.---�.�..�.�^�-:..�
� '__"
� ____ ..�__ ��,NnY ��Hr� �} --
_ _
�.-- --°— - .�---- _
__— ____ --- . ,
�_.._—.—� — _ �.E�;t-D AR�f� FHt7"�t ��, _�'RA .� :
,____ '�,L NS
.r-_,,,_r., �— .-_.--.�—" .__.—..:-- 7
�..__._._... 1�� _._—•— __,�_..�,.
_._.-+r� _�_..+�—_' ��,,.a..
� " _
��� �
�� ' ' _.. ,r-.-.�-�_— _'.� ""_.,.,,�—.. _. . . _.r_.
^_ e,
__�._� .. y � _,�„_.�.•'_�.— £ ,. , .
�•---^''tt F^_"_..--,... �_s�ai�_'_ .�Gr 3 . .
I � �
-^� ��4 �� �
� ' ( /i4�D'a A7'^,T }RYiF�a#7FJfZY:6:�C+47, O . hSSE55U9��Fl4/ �
` ++ �t �y��r �t rt+�1e-a wr.�k�.a�., +i.��e rtuAec+sr so�++:sas r.cF�:, D
�- � ' �"+4»�-+tr .s's� .krr :� �trp sHc�H o. r�s ;�< 'ry"�.w-r cv �.s+�d� � 2
�� , 3
�„ " � ' . .� m
�, . � :
� �. � � • : ��.
���,� � � � �•. �� �. '�.a °- � �
. '. .,y -..,, : . �,_ : �° <':: �
,.. ..�.. �i� sr _ ..,�t �N� W
CONSULTANT SERVICES AGREEMENT
TffiS CONSULTANT SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this day of ,2018(herein referred to as the"Effective
Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and
TOWNSEND PUBLIC AFFAIRS, INC., a California corporation ("Consultant"), who agree as
follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A",
which is attached hereto and incorporated herein by this reference. As a material inducement to
the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly
investigated and considered the scope of services and fully understands the difficulties and
restrictions in performing the work. Consultant represents that it is experienced in performing the
work and will follow the highest professional standards in performance of the work. All services
provided shall conform to all federal, state and local laws, rules and regulations and to the best
professional standards and practices. The terms and conditions set forth in this Agreement shall
control over any terms and conditions in Exhibit "A" to the contrary.
Bonnie Hagan, Director of Community Services (herein referred to as the "City's Project
Manager"), shall be the person to whom the Consultant will report for the performance of services
hereunder. It is understood that Consultant's performance hereunder shall be under the direction
and supervision of the City's Project Manager(or her designee), that Consultant shall coordinate
its services hereunder with the City's Project Manager to the extent required by the City's Project
Manager, and that all performances required hereunder by Consultant shall be performed to the
satisfaction of the City's Project Manager and the City Manager.
2. Compensation and Fees.
a. Consultant's total compensation for all services performed under this
Agreement, shall not exceed THIRTY THOUSAND DOLLARS and 00/100($30,000.00)without
the prior written authorization of the City.
b. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, �uto rental,
subsistence and all related expenses.
3. Pavment.
a. Consultant shall submit to City a monthly invoice for $2,500.00 as
identified in the scope of services Option 2, for the twelve month period beginning from the
effective date of the agreement, for a total amount not to exceed$30,000.00.
b. City will pay Consultant the amount invoiced within thirty(30) days after
the approval of the invoice.
c. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City as an
amendment to this Agreement. The amendment shall set forth the changes of work, extension of
time for preparation and adjustment of the fee to be paid by City to Consultant.
5. Licenses. Consultant represents that it and any subcontractors it may engage
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Consultant and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and not an employee of City. City shall have the
right to control Consultant only insofar as the result of Consultant's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Consultant aclrnowledges that Consultant and any subcontractors, agents or employees employed
by Consultant shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City,including,
but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System
benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Consultant Not Agent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desi�nated Persons. Except as otherwise authorized by the City's Project
Manager,only Cori Williams, Southem California Director,shall perform work provided for under
this Agreement. It is understood by the parties that clerical and other nonprofessional work may
be performed by persons other than those designated.
9. AssiEnment or Subcontracting. No assignment or subcontracting by Consultant
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
2
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
10. Time of Completion. Consultant agrees to commence the work provided for in
this Agreement within five (5) days of the Effective Date of this Agreement and to diligently
prosecute completion of the work within the timelines specified for Phases 1 and 2 of the Scope
of Services, Option 2, in Exhibit A, or as may otherwise be agreed to by and between the Project
Manager and the Consultant.All services performed beyond the twelve month payment period are
included in the not to exceed amount of the Agreement.
11. Time Is of the Essence. Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
12. Reserved.
13. Delays and Extensions of Time. Consultant's sole remedy for delays outside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay, Consultant must document any delay and request an extension
of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall
be limited to the length of the delay outside ConsultanYs control. If Consultant believes that delays
caused by the City will cause it to incur additional costs,it must specify, in writing,why the delay
has caused additional costs to be incurred and the exact amount of such cost at the time the delay
occurs. No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement.
14. Products of Consultant. The documents, studies, reports, plans, citations,
materials, manuals and other products produced or provided by Consultant for this Agreement
shall become the property of City upon receipt. Consultant shall deliver all such products to City
prior to payment for same. City may use, reuse or otherwise utilize such products without
restriction.
15. Equal Emplovment Opportunitv. During the performance of this Agreement,
Consultant agrees as follows:
a. Consultant shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex,national origin or mental or physical disability.
Consultant shall ensure that applicants are employed and that employees are treated during
employment,without regard to their race,color,religion,sex,national origin,or mental or physical
disability. Such actions shall include,but not be limited to the following: employment,upgrading,
demotion or transfer, recruitment or recruitment advertising,layoff or termination,rates of pay or
other forms of compensation and selection for training, including apprenticeship. Consultant
agrees to post in conspicuous places, available to employees and applicants for employment, a
notice setting forth provisions of this non-discrimination clause.
b. Consultant shall, in all solicitations and advertisements for employees
placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration
3
for employment without regard for race, color,religion, sex,national origin, or mental or physical
disability.
c. Consultant shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Consultant agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Consultant knows or has reason to know that Consultant, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Consultant agrees to indemnify,
defend and hold the City, its City Council and each member thereof, and the officers, employees
and representatives of the City (herein referred to collectively as the "Indemnitees") entirely
harmless from all liability arising out of:
(1) Any and all claims under worker's compensation acts and other employee
benefit acts with respect to ConsultanYs employees or Consultant's contractor's
employees arising out of Consultant's work under this Agreement; and
(2) Any claim, loss,injury to or death of persons or damage to property caused
by any act, neglect, default, or omission other than a professional act or omission
of the Consultant,or person,firm or corporation employed by the Consultant,either
directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are
the subject of this Agreement, including injury or damage either on or off City's
property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Consultant, at Consultant's own
expense, cost and risk, shall indemnify ariy and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such
claim or liability covered by this subparagraph, and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent perxnitted by law, Consultant agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
4
d. The indemnitees set forth in this section shall survive any closing,
rescission,or tertnination of this Agreement,and shall continue to be binding and in full force and
effect in perpetuity with respect to Consultant and his successors.
18. Insurance.
a. Consultant shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Consultant understands that it
is an independent contractor and not entitled to any worker's compensation benefits under any City
program.
b. Consultant shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance written on an occurrence basis
providing for a combined single limit of$1 million for bodily injury, death and property damage.
c. Consultant shall maintain during the life of this Agreement, automotive
liability insurance on a comprehensive form written on an occurrence basis covering all owned,
non-owned and hired automobiles providing for a combined single limit of$1 million for bodily
injury, death and property damage.
d. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Consultant under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1.
In lieu of an endorsement,the City will accept a copy of the policy(ies) which evidences that the
City is an additional insured as a contracting party.
,
e. Consultant shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a combined single limit of$1,000,000. Consultant agrees to keep such policy in force and
effect for at least five years from the date of completion of this Agreement.
f. The insurance policies maintained by Consultant shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Consultant will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
g. Before Consultant performs any work or prepares or delivers any materials,
Cdnsultant shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned general liability, automotive and professional liability insurance
coverages on forms acceptable to City, which shall provide that the insurance in force will not be
canceled or allowed to lapse without at least ten(10)days prior written notice to City.
5
h. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the
case of professional liability insurance coverage, such coverage shall be issued by companies
either licensed or admitted to conduct business in the State of California so long as such insurer
possesses the aforementioned Best's rating.
i. Consultant shall immediately notify the City if any required insurance
lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed
by the City. In such a case, the City may procure insurance or self-insure the risk and charge
Consultant for such costs and any and all damages resulting therefrom,by way of set-off from any
sums owed Consultant.
j. Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery.
Consultant hereby grants to the City, on behalf of any insurer providing insurance to either the
Consultant or to the City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against the City by virtue of
the payment of any loss under such insurance.
k. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
19. Termination. The City may for any reason terminate this Agreement by giving
the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of
such notice,the Consultant shall immediately cease work,unless the notice from the City provides
otherwise. Upon the termination of this Agreement, the City shall pay Consultant for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Agreement,unless termination by the City shall be for cause,in which event
the City may withhold any disputed compensation. The City shall not be liable for any claim of
lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Consultant and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorized representatives shall have access to and the right to audit and
reproduce any of Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3)years after termination
or completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during nortnal business hours and upon three(3)days'notice from
the City, and copies thereof shall be furnished if requested.
6
21. Compliance with all Laws/Immigration Laws.
a. Consultant shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Consultant represents and warrants that Consultant:
(1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules,
codes, and orders, including, without limitation, the Immigration Reform and
Control Act of 1986 (IItCA); and
(2) Has not and will not knowingly employ any individual to perform services
under this Agreement who is ineligible to work in the United States or under the
terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records
including, without limitation, the completion and maintenance of the Form I-9 for
each of Contractor's employees; and
(4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Deparhnent of Labor,
or the Social Security Administration.
c. Consultant shall require all subcontractors or sub-consultants to make the
same representations and warranties as set forth in Section b.
d. Consultant shall, upon request of the City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of the City,
verification that all such employees are eligible to work in the United States. All costs associated
with such verification shall be borne by the Consultant. Once such request has been made,
Consultant may not change employees working under this Agreement without written notice to
the City, accompanied by the verification required herein for such employees.
e. Consultant shall require all subcontractors or sub-consultants to make the
same verification as set forth in Section d.
f. Any Consultant, subcontractor or sub-consultant who knowingly employs
an employee providing work under this Agreement who is not authorized to work in the United
States, and/or fails to follow federal laws to determine the status of such employee shall constitute
a material breach of this Agreement and may be cause for immediate termination of this Agreement
by the City.
7
g. The Consultant agrees to indemnify and hold the City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures,the City may sustain by reason of the Consultant's failure to comply with said
laws, rules and regulations in connection with the performance of this Agreement.
22. Attornevs' Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement,the prevailing party shall be entitled to reasonable attorneys'
fees,costs,and necessary disbursements,in addition to any other relief to which it may be entitled.
If the City is the prevailing party and uses in-house counsel in the litigation, it shall be entitled to
recover attorneys' fees at the hourly rate that Consultant is being charged by its attorney or at the
in-house counsel's fully burdened rate,whichever is higher.
23. Governing Law. This Agreement shall be construed in accordance with and
govemed by the laws of the State of California and Consultant agrees to submit to the jurisdiction
of California courts.
24. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
25. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONSULTANT" "CITY"
Townsend Public Affairs, Inc. City of Orange
1401 Dove Street, Ste. 330 300 E. Chapman Avenue
Newport Beach, CA 92660 Orange, CA 92866-1591 �
Attn.: Cori Williams Attn.: Bonnie Hagan
Telephone No.: 949-399-9050 Telephone No.: 714-744-7274
E-Mail Address: cwilliams@townsendpa.com E-Mail Address: bhagan@cityoforange.org
26. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
8
IN WITNES5 of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONSULTANT" °�CITY"
TOWNSEND PUBLIC AFFAIRS, INC., CITY OF ORANGE, a municipal corporation
a California corporation
*By: By:
Printed Name: Teresa E. Smith, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Mary E. Murphy, City Clerk
APPROVED AS TO FORM:
Gary A. Sheatz, Senior Assistant City Attomey
*NOTE: The City requires the following signature(s) on behalf of the Consultant:
-- (1) the Chairman of the Board, the President or a Vice President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corpot-ate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
-- The corporate of�cer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement,must be provided to the City.
9
EXHIBIT "A"
SCOPE OF SERVICES
[Beneath this sheet.]
I
I
�
�
���
i
� � Y 1 � '6
Q O�.O�_
�,?'�GpRPOF�q�:�;.lrl�
CT~' � � `'�Ct�
' � � :*
��'� ;'2
�Z�i � "�ARI 1g0�.�;�COQ
��•^ULAITY•GP�.
� . �. � ' , i ;
� , ,. , , , , ,� ,� �r Proposal for
� � • F , � ; � a • � � • � � t �. • Legislative Advocacy
;-�� � :� �.�� �.
June 20, 2018
Attachment 1
Page 1 of 6
T -�- WNSEN �
PU � LfC �aF � AIRS
E57 TPA 1598
June 20, 2018 " �
Rick Otto, City Manager
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Dear City Manager Otto:
Thank you for the opportunity for Townsend Public Affairs, inc. ("TPA")to submit our proposal for
Legislative Advocacy Services to the City of Orange for legislation related to Hart Park and Handy
Park.
Since its inception in 1998,TPA has earned the reputation of providing the experience, resources,
and relationships expected from a premier advocacy and grant writing firm while also giving clients
the unique brand of customer service they deserve: personal attention, accessibility, and passion
for their mission.
TPA uses a strategic and comprehensive approach for managing advocacy and grant funding
that is tailored to leverage our expertise and vast political network to help achieve legislative
results and grant awards for our clients.We have shepherded dozens of legislative and regulatory
proposals into law, and secured over $1.2 billion in competitive grants.from state, federal,.and
local government agencies, as well as nonpr.ofit and private sources. Our success is the result of
the breadth and depth of our experience as dedicated state and federal advocates and grant
writers.
Thank you again for your interest in our firm and your consideration of our proposal. Please
contact us if you have any questions,.or need additional information. We would be_honored to
serve the City of Orange.
Yours truly,
Christopher Townsend
President
� Proposal for Legislative Advocacy Services� City of Orange Page 2
Attachment No. 1
Page 2 of 6
� � � � �
TPA is a legislative advocacy and grant writing firm that provides state,federal,and Iocal lobbying
and funding services to our clientele of public agencies and nonprofit organizations throughout
California.
• Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded dozens of client-sponsored legislative proposals into law
• Funding Success: Over$1.2 billion in state,federal, and local govemment grants as well
as nonprofit and private grants
• Longevity: 20 years (founded in 1998)
• Number of Employees: 16
• Number of Registered State and Federal Lobbyists and Grant Writers: 13
• Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Southern Califomia Office, Newport Beach
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Federal Office, Washington, DC
• Client Base: 95 Clients
o City Govemments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts)
o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Parks and Community Facilities (Recreational, Cultural, Historical)
o Natural Resources and Energy
o Housing and Economic Development
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
0 10"' of 436 Firms Registered for 2017-18 Legislative Session
0 98�' Percentile
� Proposal for Legislative Advocacy Services � City of Orange Page 3
Attachment No.1
Page3of6
• ' • '
The below Scope of Work provides a phased approach to introducing State legislation to address
a parcel ownership transfer at Hart Park and Handy Park.
In order to implement a successful legislative strategy, the project has been divided into two
phases:
1. Phase 1: Develop Legislative Strategy (October 2018— December 2018)
2. Phase 2: Implement Legislative Strategy (January 2019—September 2019)
Phase 1: Develop Legislative Strategy(October 2018-December 2018) ,
• Facilitate outreach to Caltrans District 12 Director and other relevant local and State
Caltrans staff regarding Caltrans-owned parcels at Hart Park and Handy Park.
• Facilitate a strategy, in partnership with Caltrans,to structure a land ownership transfer.
• Meet with and follow up with State Senate and Assembly representatives to secure an
author for proposal legislation. Initial interest has already been expressed by City of
Orange representatives.
• Develop briefing materials for advocacy meetings that focus on key components of the
legislation, including the regional and local impact of this property and park space.
• Work with City staff and Caltrans, if appropriate, to draft proposed legislation to facilitate
the transfer of parcels.
Phase 2: Implement Legislative Strategy (January 2019 —September 2019)
The 2019 Legislative Session will begin in January 2019. Bills will need to pass out of the
Assembly and Senate by August 2019 so that they can be set to the Governor for his signature
or veto by the end of September 2019. TPA is prepared to engage with the following scope
throughout the 9 months of the legislative session to advocate for the passage of this legislation.
• Work with identified bill author to introduce legislation in Sacramento
• Facilitate key meetings with relevant Committee Staff, Committee Members and other
stakeholders to secure support for the proposed legislation.
• Develop briefing materials for advocacy meetings that focus on key components of the
legislation, including the regional and local impact of this property and park space.
• Shepard legislation through policy committees, fiscal committees and the Floor of the
Senate and Assembly.
• Secure support from the Governor to sign legislation into law.
� Proposal for Legislative Advocacy Senrices� City of Orange Page 4
Attachment No.1 ,
Page 4 of 6
• ' •
OPTION 1: PROJECT FEE
r • •
Legislative Advocacy Services (Phase 1 and Phase 2) $30,000*
Phase 1: Develop Legislative Strategy $10,000
(October 2018—December 2018)
Phase 2: Implement Legislative Strategy $20,000
(January 2019—September 2019)
*The fee includes a/l reasonable business and fravel ezpenses.
Fee for each phase is due on the 1 s�day of the month that commences fhe phase of work . '
OPTIOIV 2: MONTHLY PROJECT FEE
� � •
,Legislative Advocacy.Services,(Phase 1 and Phase 2) $2,500,Per Month*
Phase 1: Develop Legislative Strategy Included
(October 2018—December 2018)
Phase 2: Implement Legislative Strategy Included
(January 2019—September 2019)
�*The monthly fee includes all reasonable business and trave!expenses
� Proposal for Legislative Advocacy Services � City of Orange Page 5
Attachment No.1
Page 5 of 6
• • �
OPTIOPV 3: ALL INCLUSIVE SERVICES
, • �
Legislative Advocacy and Santiago Creek Multipurpose Trail $5,000 Per Month*
Grant Funding Services (October 2018 —October 2019)
• Develop Legislative Strategy Included
• Implement Legislative Strategy Included
• Leverage Relationships for Legislative Advocacy and Grant Included
Funding for the Santiago Creek Multipurpose Trail
• Coordinate Advocacy Trips Included
• Track all Relevant Legislation Included
• Craft Legislative Testimony and Position Letters Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included
• Identify, Research, and Monitor Grant Funding Opportunities
for the Santiago Creek Multipurpose Trail. Funding
opportunities include but are not limited to:
o Habitat Conservation Fund (due October 1, 2018) Included
o Recreational Trails Program (due Spring 2019)
o California River Parkways (from Proposition 68)
o Wildlife Conservation Board Funding (from Proposition 68)
• Grant Application Development and Submittal Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included
• Comprehensive Follow-Up on Unsuccessful Applications Included
*The month/y fee includes all reasonable business and frave/ezpenses
#�' Proposal for Legislative Advocacy Services� City of Orange Page 6
Attachment No.1
Page6of6
CITY COUNCIL MINUTES SEPTEMBER 11, 2018
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City Council,
staff or the public may request an item be removed from the Consent Calendar for
discussion or separate action. Unless otherwise specified in the request to remove an item
from the Consent Calendar, all items removed shall be considered immediately following
action on the remaining items on the Consent Calendar.
3.1 Confirmation of warrant registers dated August 3, 9, 17, 22, 23, and 31, 2018.
(C2500.J.1.7)
ACTION: Approved.
3.2 City Council Minutes,Regular Meeting of August 14,2018. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for the period ending August 31, 2018.
(OR1800.0.27.16)
ACTION: Received and filed.
3.5 Appropriation and Third Amendment to Agreement No. 6527 with Converse
Professional Group for Geotechnical Observation and Testing Services for the
Shaffer Park Renovation Project. (A2100.0; AGR-6527.3)
ACTION: 1) Authorized the appropriation of $60,840 from the Park Acquisition (510)
unreserved fund balance to expenditure account number 510.7021.56020.30042 (Shaffer
Park Renovation), and; 2) Approved third amendment with Converse Professional Group
in an amount not-to-exceed $60,840, and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6 Agreement with Townsend Public Affairs, Inc. for legislative advocacy services
related to acquisition of portions of Hart and Handy Parks from Caltrans in an
amount not-to-exceed $30,000. (A2100.0; AGR-6650)
ACTION: Approved agreement with Townsend Public Affairs, Inc. in an amount not-to-
exceed$30,000; and authorized the Mayor and City Clerk to execute on behalf of the City.
3.7 Third Amendment to Agreement with BC Traffic Specialist for installation of traffic
striping, pavement markings, and raised pavement markers at various locations
within the City of Orange. (A2100.0; AGR-6260.3)
ACTION: Approved Third Amendment to Agreement No. 6260,and authorized the Mayor
and City Clerk to execute on behalf of the City.
PAGE 3