Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Staff Report 399-09
TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: OCTOBER 5, 2009 CMR: 399:09 REPORT TYPE: CONSENT SUBJECT: Approval of an Agreement with Van Scoyoc Associates for Up to Three Years in an Amount Not to Exceed a Total of $287,000 for Federal Legislative Representation Services RECOMMENDATION Staff recommends that the Council: 1) Approve and authorize the City Manager or his designee to execute the attached contract with Van Scoyoc Associates (Attachment A) in the amount of $85,000 for the first year of the contract (September 1,2009 -June 30, 2010); and $101,000 each in years two and three based on satisfactory performance of the firm. DISCUSSION For many years, the City has contracted with firms that have provided representation for the City in Washington, DC on Federal legislative issues. This representation is important for the City in several ways. Most importantly, it allows Palo Alto to have a presence and voice with our Federal representatives when they are in Washington. It is important to have someone physically present in Washington scanning for issues that might impact Palo Alto and building relationships with key legislators and their staff members. For at least the past five years, the City has contracted with The Ferguson Group (TFG) to provide these services. TFG has provided critical guidance and support for the City's projects during the Federal appropriations request process. In the past, the City has received Federal funding for numerous projects, including the Children's Library reconstruction and the San Francisquito Creek project, as a result of the support and advice of TFG. Having this support and guidance is extremely important as the appropriations process is cumbersome, confusing, and time consuming for agencies that are unfamiliar with it. TFG has also provided key support and advice to the City on opportunities for funding through the American Reinvestment and Recovery Act (economic stimulus funding). Given transitions on the Council and at the senior staff level, the City has been evaluating the efficacy of its legislative efforts. Staff have presented several reports to the Policy & Services Committee in an effort to develop a legislative program that meets the current needs and interests of the City. A key element of the City's legislative program is representation in Washington, CMR:399:09 Page 1 of3 both on key issues and during the appropriations process. Since the City had not evaluated the options for Federal representation in many years, staff issued a Request for Proposals (RFP) in spring of 2009 for these services. Attachment B provides the scope of services from that RFP. The City received seven proposals in response to the RFP. Attachment C provides a listing of the firms that responded to the RFP. A cross-departmental team initially interviewed all seven firms via video/teleconference. The team then recommended that three firms be selected for in- person interviews with several additional staff members, including the City Manager. The final two firms submitted responses to an additional written questionnaire. Additionally, staff made phone calls to references provided by Van Scoyoc Associates. Based on this extensive vetting process, staff recommends that the City contract with Van Scoyoc Associates (VSA) for Federal legislative representation. Van Scoyoc Associates (VSA) is a bi-partisan, full-service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advice, liaison service, and advocacy. VSA was established in 1990 and is the largest independent lobbying firm in Washington, D.C. VSA's current clients include a wide range of public and private interests, such as city and county governments, water and flood control districts, public transportation agencies, major research universities, hospitals, health care and research consortia, economic development authorities, and Fortune 500 companies. A more comprehensive client list is included in the firm's proposal (Attachment D). Some of their California clients include: Alameda-Contra Costa Transit District; Cathedral City; Dana Point; Long Beach; Stockton; Rocklin; Newport Beach; and Westminster, among others. The City's point of contact will be Thane Young, Vice President and the team will also include Vice President Steve Palmer and Government Affairs Manager Laura Morgan. Their resumes are also included in Attachment D. Staff recognizes that a transition from The Ferguson Group will require building new relationships, both with VSA and with legislative and agency staff in Washington. The Ferguson Group has provided valuable and effective services to Palo Alto over the life of the agreement and the firm has been successful in securing significant Federal dollars for City projects. However, the City received incredibly high quality proposals from numerous firms during this process. Staff believes that VSA will provide representation and support not only through the appropriations process but will also expand the City's presence and efforts on issue advocacy at the Federal level. The VSA team has many years of experience both in Washington and with issues facing California local governments. Staff is requesting that the Council approve the agreement with Van Scoyoc Associates this evening so that -the firm can continue the transition and background work that began in September. Currently, there is a study session scheduled with the Council for October 19. At the October 19 meeting, the Council will have an opportunity to meet the VSA team. The study session will also allow for Council input and discussion on the City's Federal legislative activities, priorities (both overall and for the current year), and the Council's role in these activities. That interactive session will provide the foundation for the City's working relationship with VSA. RESOURCE IMPACT CMR:399:09 Page 2 of3 Funding for this agreement is available in the City Manager's Office budget. POLICY IMPLICATIONS The recommendations in this report are consistent with City policies and previous Council direction. ENVIRONMENTAL REVIEW This report is not a project requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: Agreement with Van Scoyoc Associates for Federal Legislative Services Attachment B: Scope of services from Request for Proposals on Federal Legislative Services Attachment C: List of firms responding to RFP Attachment D: Proposal from Van Scoyoc Associates in response to RFP PREPARED BY: CITY MANAGER APPROVAL: CMR:399:09 }~ . KELLY MORARIU Assistant to the City Manager Page 3 of3 09/18,2009 08:58 FAX DEPARTMENT COPY 141 002 Attachment A CITY OF PALO ALTO CONTRACT NO.: S10131199 \ AGREEMENT BETWEEN THE CITY OF PALO ALTO AND VAN SCOYOC ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FEDERAL LEGISLATIVE AND REGULATORY REPRESENTATION SERVICES This AGREEMENT is entered into on this 1st of September, 2009, by and between the CITY OF PALO ALTO, a Califomia chartered municipal corporation ("CITYII), and VAN SCOYOC ASSOCIATES, INC., located at 101 Constitution Avenue, NW, Suite 600 West, Washington, D.C. 20001 (PH) 202-638-1950 (,'CONSULTANTII). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to have Federal Legislative: Representation ("Project") and desires to engage a consultant to provide Federal Legislative and Regulatory Representation to advance the City's objectives in Washington ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required li<:enses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perfonn the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term ofthis Agreement shall be three years, from the date of its full execution through JtU1e 30, 2012, unless terminated earlier pursuant to Section 19 of this Agreement. u~/~o/~uuu uo:no ~AA @J003 SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the perfonnance of Services under this Agreement. CONSULTANT shall complete the Services within the terin of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMP]~NSATION. The compensation to be paid to CONSULTANT for performance ofthe Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Eighty Five Thousand Dollars ($85,000.00), for services performed through June 30, 2010, (Year 1). Compensation to be paid CONSULTANT for professional services and rdmbursable expenses for Year 2 and Year 3 shall not exceed One Hundred One Thousand Dollars ($101,000.00) per year. The applicable rates and schedule of payment are set out in Exhibit "C", entitled "COMPENSA TrON ," which is attached to and made a part of this Agreement. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services p~~rformed and the applicable charges (including an identification of personnel who performed the se:rvices, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C"). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULT ANT shall send all invoices to the City's proj ect manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LA WS. CONSULTANT shall keep itselfinformed of and , in compliance with all federal, state and 10cal1.aws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 2 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outiook\7CMD13HF\CONTRACT DOCUMENT (3),doc 09/18/2009 08:59 FAX 141004 SECTION 8. ERRORS/OMISSIONS. CONSULT ANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (1 0%) of the CITY's stated construction budget, CONSULT ANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor andlor materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The partie!s agree that the expertise and experience of CONSULTANT are material considerations for !this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the pe:rformance of any of CONSULTANT's obligations hereunder without the prior written consent ofthe city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the ci1y manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully n~sponsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsuItants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Thane Young, Vice President, as the Project Director, to have supervisory responsibility for the performance, progress, and execution of the Services. Thane Young will be assisted by Steve Palmer, Vice President and Laura Morgan, Manager, Government Relations, as the project Team to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perform the Services in an 3 Professional Services Rev. JanullI)' 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Fiies\Content.Outlook\7CMD13HFICONTRACT DOCUMENT (3).doc q~/l~/2U09 U8:59 FAX [@005 acceptable manner, are uncooperative, or present a threat to the adequate or timely completion ofthe Project or a threat to the safety of persons or property. The City's project manager is Kelly Morariu, Office of the City Manager, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: 650-329-2462. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term ofthis Agreement and for three (3) year8 thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. D [Option A applies to the following desiglll professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; rt!gistered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. [gI [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 4 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMD13HF\CONTRACT DOCUMENT (3).doc Uv/~O/~UVV UO;il~ rftA I4J 006 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemrrify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSUL T ANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agre(:ment. SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, cov~mant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shaH obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A·:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreem(:nt will obtain and· maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution ofthis Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any darllage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 5 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Tcmporary Internet Files\Conlent.OutIook\7CMD13HF\CONTRACT DOCUMENT (3).doc 09/18/2009 09:00 FAX 141 007 19.1. The city manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (l0) days prior written notice thereof to CONSULTANT. Upon receipt of' such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in cormection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (Le., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise ofhislher discretion 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under thi'S Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of 1he City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 6 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMDl 3 HF\CONTRACT DOCUMENT (3).doc UH/l~/2UUH U9:UU ¥AX 14/008 21.2 . CONSULTANT further covenants that, in the perfonnance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager detennines that CONSULTANT is a "Consultant" as that tenn is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING. The City of Palo Alto is a green business and works to purchase and provide products in an environmentally sustainable manner. CONSULTANT will use production methods that reduce waste and environmentally toxic products, as well as have less packaging. CONSULTANT will adhere to the standard that printed materials will be, at a minimum, printed on 30% post consumer recycled paper with vegetable based ink. The designer will check with the project manager to discuss the maximum recycled content paper available for each project. FSC (Forest Stewardship Council) certified paper that is "process free" is preferred. CONSULTANT will use methods that reduce energy use and thus the carbon footprint for the development, production and delivery of products. CONSULTANT shall adhere to the City's Environmentally Preferred Purchasing policies as may be amended from time to time. SECTION 24. MISCELLANEOUS PROVISIONS. 24.1. This Agreement will be governed by the laws of the State of California. 24.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 24.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 7 Professional Services Rev. January 2009 C;\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Outlook\7CMDJ3HF\CONTRACT DOCUMENT (3).doc UH/l~/2UUU UU:UU ~AX I4J 009 24.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 24.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants ofthe parties. 24.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 24.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 24.8. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. Thjg Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that fundls are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section 24.8 shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 24.9. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 24.10 . All unchecked boxes do 110t apply to this agreement. IN WIlNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. 8 Professional Services Rev, January 2009 C:\Documents and Settings\brobinson\Local SettingslTemporary Internet FileslContent.Outlookl7CMD 13HFICONTRACT DOCUMENT (3).doc V~/~O/~UV~ U~:UU ~AA CITY OF PALO ALTO DCity Manager (Required for contracts over $85,000) DPurchasing Manager (Required for contracts over $25,000) DContracts Administrator (Required for contracts under $25,0000 APPROVED AS TO FORM: Senior Asst. City Attorney Attaclunents: EXHIBIT "A": SCOPE OF WORK :~ ;JYOC 7CIATES. me N ame:_H~. --=::~~=-..l=---':~II'--'~~~ Title: Presj dent EXHIBIT "B": EXHIBIT "C": SCHEDULE OF PERFORMANCE COMPENSATION EXHIBIT "D": INSURANCE REQUIREMENTS l4I010 9 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Out!ookI7CMDI 3HF\CONTRACT DOCUMENT (3).doc 09118/2009 09:01 FAX EXHlnIT "A" SCOPE Ol~ SERVICES Scope of Services for Federal Legislative Services Analysis & Goal Setting [41011 o Conduct Strategic Assessment of Opportunities -gain a complete understanding of City priorities and services to ensure that the city is taking advantage of every opportunity for federal assistance whether through appropriations or grants. o Assistance to set short and long-term legislative priorities for the City and performance of an in-depth analysis of current and anticipated congressional legislation and federal funding opportunities on annual basis. o Develop an annual Federal Legislative Agenda and Strategic Plan -create an action plan to accomplish the City's goals and objeetives and draft a Federal Legislative Agenda or Strategic Plan. Once approved by the City, this agenda will outline an approach for working with the appropriate House and. Senate Members, congressional committees and the Administration. o Provide a comprehensive picture of what actions are expected in the House, Senate and Administration on a monthly basis. Administrative Services o Agency Coordination -assist City in coordinating with Federal agencies which distribute appropriation or grant funds. o Forms, Fact Sheets, and Letters -work with City staff to draft forms, fact sheets and letters that will be used to seek funding with the congressional delegation and the relevant House and Senate Appropriations Subcommittees. o Prepare the City for Washington, D.C. Visits -arrange meetings with congressional delegation and their staffs and other important federal officials; prepare the City and local officials for those visits; and guide the c:ity through these meetings in order to optimize effectiveness. o Legislative Markups -guide City's projects through the markup of spending and authorizing legislation in the relevant subcommittees and committees. o Legislative Tracking -track City's projeets as legislation progresses, so the city knows when, and how, to advocate for these projects at critical times. o Regular Reporting -provide regular status reports and updates to the City on the status of these projects and provide periodic written, verbal and electronic reports to the City; and attend aU relevant industry meetings in Washington D.C. in order to provide up-to-the- minute intelligence (and advanced infonnation when available) of feqeral activities and initiatives. o Conferencing -guide City projects through the House-Senate spending conferences, where many funding appropriations take place. :La Professional Services Rev, January 2009 C:\Documents and Settings\brobinson\LocaJ SettingslTemporary Internet FilesIContenI.Outlook\7CMD13HPICONTRACT DOCUMENT (3),doc U~/LO/~UU~ U~:U~ ~AA o Agency Implementation -The consultant will also help the City work with federal agencies that will administer any congrt:ssional appropriation projects, in order to establish funding arrangements and implement these projects. tal 012 o Conference Calls -conduct weekly or monthly conference calls with City staff to ensure the Federal Legislative Agenda or Strat<:lgic Plan is being implemented. Outreach & Advocacy o Work with Federal department personal and Subcommittee Staff -work directly with staff in congressional offices and Appropriations Subcommittees to promote the City's projects, gather timely information, and advance efforts. o Stakeholder Support -work with the City and its partners to gather and effectively convey support from stakeholders in local and state government, business and educational communities, and prominent citizens, through letters, phone calls, and visits. o Media and News -provide City with analysis of cun-ent events and its implication to the community. Prepare or review press rele:ases for distribution. 11 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Files\Content.Out[ook\7CMD13HF\CONTRACT DOCUMENT (3).doc 09/18/2009 09:01 FAX EXHIBIT "B" SCHEDULE OF' PERFORMANCE ~013 CONSULTANT shall provide the Services on a schedule in liaison with the Legislative calendar year. CONSULTANT will develop a schedule with CITY Staff to pursue projects and programs identified by CITY as priority and in line with established timelines and deadlines. CONSULTANT shall work with City Staff to d.evelop and implement a schedule which shall maximize CITY's opportunities for securing Fe:deral funding, appropriations and discretionary grants. :L2 Professional Services Rev. January 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internel Files\Content.Outlook\7CMD13HF\CONTRACT DOCUMENT (3).doc EXlDBIT "C" COMPENSATION 141014 The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, to the reasonable satisfaction of the CITY, and as set forth in the fee schedule below. Compensation for the provision of full and complete Federal Legislative and Regulatory Representation shall be paid on a flat fee monthly retainer bashl of $8,000.00 per month. In addition, CITY will compensate CONSULTANT for incurred Reimbursable Expenses in an amount Not to Exceed $5,000 per Year. Reasonable Expenses include directly related business expenses and travel, including but not limited to, duplicating documents, binding reports, mileage, phone, supplies, FAX, postage, travel, hotel, meals, etc. 13 Professional Services Rev. January 2009 C:\Dacuments and Seltings\brabinsonlLocul Settings\Temparary Internet Files\Content.Ou!look\7CMD 13HF\CONTRACT DOCUMENT (3). doc 141016 ACORD.. CERTIFICATE OF LIABILl1rV INSURANCE ~A'Bs~~l I DAT;~7~;;;;) ----------------------------------------~T~H~IS~C=ER~T~IF~I~CA~T=E~I~S~IS~S~U~E~D~A~S~A~M~A7.T=T=E~R~O~F~I~N=FO~R~M~A~T=IO~N~~--' PRODUCER Independent Insurance Center P.O. Box 2303 Leesbu::g VA 20177 Phone: 703-777-7774 Fax:703-777-7156 INSURED Van Scoyoc AssociatesJ_.Inc. 101 Constitution Ave ~w # 600 Washington DC 20001 COVERA(:ES : ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POl.ICIES BELOW, INSURERS AFFORDING COVERAGE NA1C# INSURER A: Hartford INSURER 13: Chubb Insurance Group INSURERC: INSURERD: INSURER E: THE POLl(' .IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ,~80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREQI, IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT ~IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. II,GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRi TYPE OF INSURANCE POLICY NUMBER '~';!~1MMrDDNY'" P DATE {MMlDDrforl" LIMITS I A IENERAL LIABILITY EACH OCCURRENCE $1,000,000 ~ COj"""" '''''''' ""'''"'' 42SBARS3885 07/01/09 07/01/10 PREMiSes ('E~~~~~~n~ $300,000 : CLAIMS MADE [!] OCCUR MeD EXP (Anv on9 person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 lEN'LAGGREGATE LIMIT APPLIES PER: I POLICY n ~~ !xl LOC PRODUCTS· COMP/OP AGG S 2,000,000 A IUTOMOBILE LIABILITY COMBINED SINGLE LIMIT sl,OOO,OOO -!C ANY AUTO 42UECTA0158 07/01/09 07/01/10 (Ea acoldenl) - -ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) -~ HIRED AUTOS BODILY INJURY S II: NON-OWNED AUTOS (Per accident) .- -PROPERTY DAMAGE $ (Per aeddent) lARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A ., ., ,XCeSSJUMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 J OCCUR D CLAIMS MADE 42SBARS3885 07/01/09 07/01/10 AGGREGATE $ 5,000,000 $ ., ., ~ OEDUCTIBLE $ ~ RETENTION $10,000 $ WORt A EMPLI ANYP I ERS COMPENSATION AND X ITO"~Y'tI~:i's I I Vert IYERS' LIABILITY 42WECTJ8208 07/01/09 07/01/10 E.L. EACH ACCIDENT $ 500000 ~OPRIETORIPARTNERlEXECUTIVE OFFle :A/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ 500000 ~~~~I lesortbe under E.L. DISEASE -POLICY LIMIT $ 500000 \L PROVISIONS below OTHe 'I B Erl :ors &: Omissions 68026778 07/01/09 07/01/10 50000 ded 1,000,000 DESCRIPTIC : N OF OPERAllONS I LOCATIONS /VEHICLes / E)(C~USIONS ADDED BY eNDORSEMENT / SPECIAL PROVISIONS The CJ .ty of Palo Alto is additional insured under general libility per form IH 12( :01185 and auto liability per form HA99130187. Coverage is primary. Ten-del y cancel applies for nonpayment of premi·wn. CERTIFIC: ATE HOLDER CANCELLATION City of Palo Alto Office of the City Clerk PO Box 10250 SHOULD ANY OF THe ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDeAVOR TO MAIL ~ DAYS WRlneN NOTICE TO THe CeRTIFICA 1E HOLDER NAMED TO THE LEFT, BUT FAILURe TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palo Alto CA 94303 ACORD ~~ 5 (2001/08) © ACORD CORPORATION 1988 09/18/2009 09:02 FAX 141017 IMPCIRTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cl~rtificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse sidl~ of this form does not constitute a contract between the issuing insurer(s). authorized representativl;! or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2ii (2001/08) V~/iO/~VV~ V~;V~ ~AA @018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND . RIGHTS OF RECOVERY AGAINST OTHERS "I'his endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or .organization whom you are mquired by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section (( -LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation. the Loss Condition -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. F'orm HA 991301 87 Printed in U.S,A. U9/18/2009 09:01 FAX EXHIBIT D INSURANCE REQUIREMENTS 14 141015 Professional Services Rev. JanulllY 2009 C:\Documents and Settings\brobinson\Local Settings\Temporary Internet Filcs\Content.Outlook\7CMDI3HF\CONTRACT DOCUMENT (3).doc VU/~O/~VV~ V~;U~ ~ftA --....... _,. __ ._-_._-- BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. PrOducts.Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: 8. An Individual, you and your spouse are Insureds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture. you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also insureds. but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, jOint venture or limited liability company, you are an Insured. Your "executive officers" and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 [4J 019 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each oftha following is also an insured: a. Employees And Volunteer Workers Your ·volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, Joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of theIr employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily Injury" or "personal and advertising Injury": (8) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while In the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child. parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (e) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1 lea) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not In the business of providing professional health care services. Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form 55 00 08 04 05 VO/~U/~VV~ v~.u~ rnA (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for ant purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are! a partnership or joint venture), 01' any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" 01' "volunteer worker"), or any organization! while acting as your real estate manager. c. Temporary Custodians Of YOUI' Property Any person or organization having propel' temporary custody of your property if you die, but only: (1) With respect to liability arising out of thel maintenance or use of that property; and (2) Until your legal representative has, been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed SubsIdiary Any subsidiary and subsidiary thereof, of yours which is a legally inoorporated entity of which you own a financial Interest 01: more than 50% of the voting stock on the effective date ofthis Coverage Part. The insurance afforded herein for any subsidiary not shown In the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance 15 also an insured under another policy or would be an insured under such policy but for its terminatron or upon the exhaustion of its limits of Insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock. will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form 88 00 08 04 05 141020 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person Is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment. and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a cO-"employee" of the person driving the eql,lipment; or b. "Property damage" to property owned by. rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: 8. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property d!lmage" to property owned by. rented to, in the charge of or occupied by you or the employer of any person who is an Insured under this provision. 6. Additional Insureds When RequIred By Written Contract, Written Agreement Or Permit The person(s} or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed. in a written Page 11 of 24 U~/lO/~VV~ V~;U~ ~AA BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional Insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization Is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization Is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional Insureds under the specific additional Insured coverage grants in Section F. -Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor). but only with respect to "bodily Injury" or "property damage" arising out of "your products" which are distributed or sold In the regular course of the vendor's business and only if this Coverage Part provides coverage, for "bodily injury" or "property damage" included within the "products"Completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: Page 12 of 24 This insurance does not apply to: Ca) "Bodily Injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (e) Any physical or chemical change In the product made Intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; ~021 (e) Any failure to make such inspections, adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any oth,er thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sale negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on Its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily Injury", "property damage" or "personal and advertising injury", caused, in whole or in part, by your maIntenance, operation or use of eqUipment leased to you by such person or organization. Form SS 00 OB 04 05 09/18/2009 09:03 FAX (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to thasa additional Insureds, this Insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 @022 BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional Insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising Injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such addi1/onal insured; and (Ii) This Coverage Part provides coverage for "bodily injury" or "property damage" ihcluded within the "products- completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Page 13 of 24 09/18/2009 08:58 FAX VA c A A E FACSIMILE TRANSMITTAL SHEET TO: KATHY BRADLEY COMPANY: CITY OF PALO ALTO FAX NUMBER: 650-329-2302 PHONE NUMBER: RE: CONTRACT WITH VAN SCOYOC X URGENT 0 FOR REVIEW FROM:THANE YOUNG DATE: 9/18/09 TOTAL NO. OF PAGES INCLUDING COVER:21 SENDER'S REFERENCE NUMBER: YOUR REFERENCE NUMBER: o PLEASE REPLY IF YOU HAVE TROUBLE RECEIVING THIS FAX PLEASE CONTACT LAURA MORGAN AT 202-737-6552 141 001 Attachment B Scope of Services for F~deral Legislative Services . Analysis & Goal Setting o Conduct Strategic Assessment of Opportunities -gain a complete understanding of City priorities and services to ensure that the city is taking advantage of every opportunity for federal assistance whether through appropriations or grants. D Assistance to set short and long-term legislative priorities for the City and performance of . . an in-depth analysis of cun'ent and anticipated congressional legislation and federal funding opportunities on annual basis. D Develop an annual Federal Legislative Agenda and Strategic Plan -create an action plan to accomplish the City's goals and objectives and draft a Federal Legislative Agenda or Strategic Plan. Once approved by the City, this agenda will outline an approach for working with the appropriate House and Senate Members, congressional committees and the Administration. D Provide a comprehensive picture of what actions are expected in the House, Senate and Administration on a monthly basis. Administrative Services D Agency Coordination -assist City in coordinating with Federal agencies which distribute appropriation or grant funds. D Forms, Fact Sheets, and Letters -work with City staff to draft forms, fact sheets and letters that will be used to seek funding with the congressional delegation and the relevant House and Senate Appropriations Subcommittees. D Prepare the City for Washington, D.C. Visits -arrange meetings with congressional delegation and their staffs and other important federal officials; prepare the City and local officials for those visits; and guide the city through these meetings in order to optimize effectiveness. D Legislative Markups -guide City'S projects through the markup of spending and authorizing legislation in the relevant subcommittees and committees. • D Legislative Tracking -track City'S projects as legislation progresses, so the city knows when, and how, to advocat.e for these projects at critical times. D Regular Reporting --provide regular status reports and updates to the City on the status of these projects and provide periodic written, verbal and electronic reports to the City; and attend all relevant industry meetings in Washington D.C. in order to provide up-to-the- minute intelligence (and advanced information when available) offederal activities and initiatives. D Conferencing -guide City projects through the House-Senate spending conferences, where many funding appropriations take place. D Agency Implementation -The consultant will also help the City work with federal agencies that will administer any congressional appropriation projects, in order to establish funding arrangements and implement these projects. D Conference Calls -conduct weekly or monthly conference calls with City staff to ensure the Federal Legislative Agenda or Strategic Plan is being implemented. 050310 11 Outreach & Adyocacy C \Vork with Federal department personal and Subcommittee Staff -'Nork directly with staff in congressional offices and Appropriations Subcommittees to promote the City's projects, gather timely infOlmation, and advance efforts. o Stakeholder Support -work with the City and its partners to gather and effectively convey support from stakeholders in local and state government, business and educational communities, and prominent citizens, through letters, phone calls, and visits. . o Media and News -provide City with analysis of current events and its implication to the community. Prepare or review press releases for distribution. 050310 12 Attachment C Attachment C: List of Firms Responding to Request for Proposals for Federal Legislative Services Duncan, Weinberg, Genzer & Pembroke Brownstein Hyatt Farber.Schreck David Turch & Associates Van Scoyoc Associates Conkling, Fiskum & McCormick Waterman & Associates The Ferguson Group I I I I I I I I I I I I I Attachment D PROPOSAL TO PROVIDE: Federal Legislative and Regulatory Representation for the City of Palo Alto, California Submitted by Thane Young, Vice President VanScoyoc Associates Inc. May 5,2009 Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADC.COM TABLE OF CONTENTS Chapter I-Proposal Summary 3 Chapter 2-Van Scoyoc Associates Profile 5 Chapter 3-Qualifications of Van Scoyoc Associates 7 Chapter 4-Work Plan 13 Chapter 5-Proposed Innovations 16 Chapter 6'-Project Staffing 17 Chapter 7-Proposal Exceptions 20 Chapter 8-Proposal Costs and Rates 21 Chapter 9-Attachments 22 Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 2 Chapter l-Proposal Summary Van Scoyoc Associates (VSA) would welcome the opportunity to help the City of Palo Alto attain its goals of environmental protection, civic engagement for the common good, and economic health. The challenges of the state and national economy are having major impact on every community, including Palo Alto that continues to seek innovative and· cost-effective ways of meeting community needs in the face of a growing budget deficit. VSA is prepared to advance the City's objectives in Washington and introduce new opportunities for federal assistance and partnership. We understand that the City's projected budget shortfall requires the engagement of professionals in Washington who can fully develop opportunities to improve law enforcement and public safety, secure broadband services, improve streets and bicycle boulevards, build better storm drain facilities, and create economic development opportunities on property recently acquired by the City. VSA is uniquely qualified to explore these and other priorities set by the City Council. VSA is a bi-partisan, full service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advise, liaison service, and advocacy. Our current clients include a wide range of public and private interests, such as city government, water and flood control districts, public transportation agencies, major research universities, hospitals, economic development authorities, and Fortune 500 companies. VSA is one of the largest government relations firms in Washington, providing the City access to a wide range of professionals who have expertise in every aspect of government service. Although a large firm, VSA provides a personalized team approach that allows us to tailor an agenda and strategy with the City to fit your diverse needs. The VSA team working for Palo Alto has years of combined experience on Capitol Hill, in federal agencies, and in representing California municipal interests. Palo Alto can be assured that VSA has the level of expertise and commitment to service that will enable the City of fully and freely explore every opportunity in Washington. We will fulfill all tasks outlined in the request for proposal and ensure that Palo Alto officials and professional staff are engaged with decision-makers in Washington. We will maintain regular communication with the City and could establish a secure website that would house an inter-active chart of all the City'S projects, providing the City continuous access to information on City priorities. VSA would be honored to represent the City of Palo Alto in Washington, D.C. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 3 VSA CONTACT INFORMATION Below is a list of names and contact infonnation for all Van Scoyoc Associate members of the proposed Palo Alto Federal Representation team. Thane Young (Team Leader) Vice President VanScoyoc Associates, Inc. 101 Constitution Avenue, NW Suite 600 W Washington, D.C. 20001 202-638-1950 tyoung@vsadc.com Steve Palmer Vice President Van Scoyoc Associates, Inc. 101 Constitution Avenue, NW Washington, D.C. 20001 202-638-1950 spalmer@vsadc.com Laura Morgan Government Relations Manager Van Scoyoc Associates, Inc. 101 Constitution Avenue, NW Washington, D.C. 20001 202-638-1950 lmorgan@vsadc.com Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 4 Chapter 2-Van Scoyoc Associates Profile VSA Washington Offices Van Scoyoc Associates, Inc. (VSA) is pleased to provide this response, printed on recycled paper, to the City of Palo Alto's request for proposal to provide Federal Government Affairs Services. VSA proposes to undertake a comprehensive government relations strategy that advances the City's agenda before the Congress and relevant Executive Branch agencies. As detailed in this proposal, VSA brings both the commitment and the experience needed to meet all of the City's Federal legislative obj ectives. VSA is a bi-partisan, full-service Federal government relations firm that provides comprehensive Legislative and Executive Branch strategic advice, liaison service, and advocacy. VSA's particular strength lies in utilizing the authorization and appropriations processes needed to meet the City's wide range of programs and projects. VSA is known for the substantive and procedural knowledge and broad experience of its principals. This knowledge and experience allows VSA to develop and implement creative solutions to seemingly intractable problems. Simply put: we are known for achieving results. VSA's current clients include a wide range of public and private interests, such as city and county governments, water and flood control districts, public transportation agencies, major research universities, defense contractors, hospitals, health care and research consortia, economic development authorities, and Fortune 500 companies. VSA was established in 1990 by H. Stewart Van Scoyoc. The company's organization is anti-bureaucratic and designed for quick action, with Mr. Van Scoyoc serving as President and CEO and with approximately 30 Vice Presidents and 50 support staff. VSA is committed to ethical, professional service. In response to the second paragraph of Section 5.2 of the Request for Proposal, VSA does not have any litigations or lawsuits to list in this proposal. With a total client fees of $28 million in 2008 ($32 million including VSA subsidiaries), Van Socyoc Associates is the largest independent lobbying firm in Washington, D.C. VSA prepares its financial statements in accordance with Generall Accepted Accounting Principles (GAAP) .. The Company's financial statements have been audited since 2002 by the independent CPA firm Aronson & Company and have received a clean opinion each year. As a private company, VSA considers its financial results confidential. VSA will make its audited fmancial results and other internal financial information available for review at a meeting to be scheduled at the convenience of the City. In addition, the City may contact VSA's loan offIcer, John Alexander, at Union Bank, 202-828-6784. United ha~ served as VSA's bank for more than five years. The City may also contact Richard Goldstein at Aronson & Company, 301- 231-6255. We believe we have the focus and drive to best represent the City of Palo Alto. While our company is relatively large, our personalized team approach allows us to tailor a government relations strategy to fit each client's needs and desires. VSA Vice President Thane Young will head up the VSA team for the Palo Alto, and will be the City's primary point of contact with VSA. Service: VSA provides the human touch of a small entrepreneurial firm by assigning specific principals and staff to each client. We encourage innovation and foster a dynamic working relationship with clients and staff. A central component of our approach is regular communication with our clients. Effective and timely communication between clients and the Federal government is a crucial part of our philosophy. We believe that without this communication, particularly in today's competitive environment, it is difficult to achieve success. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 5 Resources: VSA can summon the skill and expertise of our entire staff on behalf of any client. The strength of our client relationships combined with our years of Legislative and Executive Branch experience make us a powerful advocate. VSA staff has worked side by side with leaders in Congress, the White House and Federal agencies. Balance: From its inauguration, VSA has worked to maintain a bipartisan balance. This commitment makes VSA extremely effective today, when politics is more polarized than ever and political power fluctuates between parties. The VSA staff is comprised of a roughly equal number of Democrats and Republicans. VSA has strong ties across party lines and can find creative solutions to problems. Skill: New scrutiny has come to congressionally-directed projects, and building a case before the Federal government now calls for action on a broad scale. VSA positions clients to take advantage of every opportunity in Washington, D.C. and ensure that your concerns and priorities are addressed. Detail: We will begin our relationship with the City by thoroughly identifying your needs and priorities. We will facilitate discussions with the City's leaders to develop short- term and long-term legislative goals. We will evaluate the City's strengths and relationships to identify how best to attain the goals . set. After all parties agree on how best to represent the City, VSA pledges to keep the City abreast of developments, mutually revising plans as needed to reflect changes in Washington, D.C. Integrity: In today's political atmosphere, a company offering Washington, D.C. representation must be above reproach. Van Scoyoc Associates and its affiliated companies will always represent the City in a dignified and ethical manner. We strictly abide by the provisions of the Honest Leadership and Open Government Act of 2007, including prohibitions on gifts, meals and travel for elected officials and staff. Experience: Our backgrounds have prepared us to assist the City in the development of your Federal legislative platform. We have worked in environments focused on coalition building and negotiations with principal decision makers in government. This deliberation process has prepared us to effectively participate in the development and revision of the City's Federallegislative agenda. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSAOc.COMIPage 6 Chapter 3-Qualifications of Van Scoyoc Associates VSA GOVERNMENT CLIENTS VSA currently represents the following cities, counties, and regional public agencies that have similar Federal advocacy needs to the City of Palo Alto. • Alameda-Contra Costa Transit District, CA • Clark County Public Transportation, W A • Dallas Area Rapid Transit, TX • El Dorado County Transportation Commission, CA • Merced County Association of Governments, CA. • San Bernardino Associated Governments, CA • City of Baltimore, MD • City of Billings, MT • City of Cathedral City, CA • City of Dana Point, CA • City of Elk Grove, CA • City of Fayetteville, AR • City of Gadsden, AL • City of Galt, CA /. • City of Glendale, AZ v • City of Imperial Beach, CA • City of Long Beach, CA • City of Mount Vernon, W A • City of Newport Beach, CA • City of Norwalk, CA • City of Orange Beach, AL • City of Pismo Beach, CA • City of Queen Creek, AZ • City of Redlands, CA • City of Rocklin, CA • City of Santa Maria, CA • City of South Salt Lake, UT • City of Stockton, CA • City of Talladega, AL • City of Westminster, CA • Cambria Community Services District, CA • Nipomo Community Services District, CA • Eastern Municipal Water District, CA • Georgetown Divide Public Utility District, CA • Mission Springs Water District, CA • San Joaquin Area Flood Control Agency, CA • South Montebello Irrigation District, CA • Orange County Fire Authority, CA • Jefferson City Commission, AL • . Mobile City Commission, AL • Del Norte County, CA • Galveston County, TX • Lee County, FL • Marin County, FL Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADC.COMIPage 7 • • • • St. Clair County, AL St. Lucie County, FL j Volusia County, FL V Washington County, OR EXPERIENCE VSA has extensive experience representing local government agencies and helping them secure funding for projects. We have experience working with the California Congressional 'delegation and would be able to extend the City's reach to senior policymakers in Congress and the Executive Branch. The process for securing Federal funds has become increasingly competitive and subject to public scrutiny. VSA continues to work with key legislators, committee staff, and Federal agency officials under the highest ethical standards and professional conduct. We will help ensure that the City's funding requests are appropriately positioned in this process, maximizing the opportunity for funding, and garnering the strong support of your Congressional delegation. To be successful in today's environment, the City of Palo Alto will need to take amulti-faceted approach to securing Federal funds through the legislative process as well as through Federal agency discretionary grants. Federal Appropriations VSA prides itself on demonstrated success in securing funds across a wide range of programs of interest to the City of Palo Alto. The examples below illustrate the range ofprojects that we have successfully secured for local government clients. Detailed examples, as well as a broad overview of grants are provided: Project Name Westminster Rose (Community) Center Client City of Westminster, CA Description of Work Total, Performed Project Cost Period Client Contact work was Information completed VSA helped the City apply for and receive Federal funding to construct a community center and theater. $18 million 2001- 2004 Chet Simmons, Economic Development, City of Westminster, (714) 898-3311 ext. 558, csimmons@westminster- ca.gov Did your firm meet the project schedule?: Yes Give a brief statement of the firm's adherence to schedule and budget for the project: VSA worked with the City of Westminster over a period of four years to seek Federal funding through the annual appropriations process to construct a community center and theater. As a result of our efforts, we were able to help the City receive $1.5 million towards the construction of this facility. VSA kept to the schedule provided by the City for this project and made sure the City met all deadlines for Federal funding. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 8 Project Name Operation Peacekeepers Client City of Stockton, CA Description of Work Perfonned VSA helped the City secure funding to hire additional personnel for the Operation Peacekeepers program. Total Project Cost Period Client Contact Infonnation work was completed $500,000 2008- 2009 Gordon Palmer, City Manager, City of Stockton, 209-937-8212, gordon. palmer@ci.stockton.ca.us Did your finn meet the project schedule? (Circle one): Yes Give a brief statement of the finn's adherence to schedule and budget for the project: The City of Stockton struggles with a high rate of violent crime committed by "high" at-risk youth, many of whom are gang affiliated. VSA helped the City apply for and receive $500,000 in Federal funding through the annual approprations process to hire six Youth Gang Outreach Workers. VSA kept to the schedule provided by the City for this proj ect and made sure the City met all deadlines for Federal funding. Project Client Description of Total Period· Client Contact Infonnatibn Name Work Perfonned Project work was Cost completed Washington General $3,374,000 2007-Dennis Mulvihill, Director, County, Representation 2009 Government Affairs, Washington Oregon County, 503-846-8685, dennis _ mulvihill@co.washington.or.us Did your finn meet the project schedule? (Circle one): Yes Give a brief statement of the finn's adherence to schedule and budget for the project: Give a brief statement of the finn's adherence to sched~le and budget for the project: VSA has worked over FY 2008 and FY 2009 to increase Washington County. Oregon's presence within the Orgeon delegation and at various federal agencies. This has resulted in almost $3.1 million in local transportation improvements, as well as $312,000 injustice assistance project eannarks. VSA kept to the schedule provided by the County and made sure the County met all deadlines for Federal funding. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.cOMIPage 9 o Water & Sewer: Multiple drinking water and wastewater assistance projects totaling more than $25 million for various local govenunents. o Community Center: $1.5 million for a community center in Westminster, California; $335,000 for a desert community visitor's center. o Water Reuse: Over $10 million in Anny Corps of Engineers and Bure.au of Reclamation funding for water reuse and reclamation projects. o Transit: $3 million for transit bus acquisitions for AC Transit in Oakland, California; $2 million for an inter-modal facility. o Transportation: $2.4 million for an interchange in northern California; $4 million for freeway interchanges in .stockton, California. o Law Enforcement: $1.5 million for satellite mobile data tentlinals for State Police; $300,000 for a local Juvenile Justice program; over $600,000 for law enforcement technology; $375,000 for Asian criminal enterprise initiative. o Neighborhood and Economic Development Initiatives: $1 million for the East Baltimore Development Corporation for redevelopment activities; $1.5 million for historic theater renovation. o Parking Structure: $100,000 for a downtown parking structure. o Flood Control: $26 million for a flood control project over several years for Stockton, California; over $200 million for other California flood control proj ects. o Drug Eradication: $2.2 million for drug eradication pro~ams for the Baltimore, Maryland. o After-school and other youth programs: Nearly $2 million for after-school tutoring· and mentoring programs in Stockton and Orange County; $322,000 for a teen center; $100,000 for a children's museum. o Public Safety: $500,000 for juvenile fire prevention program. Discretionary Grants Over the last few years, there has been a strong movement by Congress to reduce the number and dollar amount of Federal earmarks. In Fiscal Year (FY) 2007, the appropriations bills did not contain any earmarks, requiring extensive work with Federal agencies to secure discretionary funds. The process returned to a more traditional path in FY08 and FY09 but with a reduction in earmarks. During this period we were able to help our clients maintain traditional levels of funding because of the credibility of their requests, effective management of the new procedures, and emphasis of the public purposes served by these projeds. As the appropriations process continues to evolve, it will become increasingly important to work with the various Federal agencies to secure discretionary grant funding in order for the City of Palo Alto to maximize funding opportunities in Washington, D.C. VSA has extensive experience working with Executive Branch departments and agencies. We can help the City navigate through the policy, budgetary and legislative processes to secure grants. We will reach out to your Congressional delegation to engage them at the appropriate time in support of your grant requests. Economic Stimulus Grants The American Recovery and Reinvestment Act of 2009 (ARRA), which is the largest one-time domestic spending program in U.S. history, contains over $500 billion in new Federal investments. ARRA provides significant funding for programs and projects which include: transportation and water infrastructure, energy efficiency, community development, housing assistance, health care, and education. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 10 ARRA funding for local governments will be allocated over the next two years. Federal agencies are currently developing guidelines and grant solicitations for these programs. It will be important for the City to stay on top of funding opportunities provided in the stimulus bill as Federal agencies will be looking to rapidly disperse these funds. VSA's continual contact and close working relationships with Federal agencies allows us to glean key intelligence in advance of public announcements. This knowledge will allow us to provide the City with timely information on economic stimulus funding opportunities. VSA will also work with Palo Alto to ensure potential stimuJus projects meet ARRA criteria so the City's initiatives are framed in the best possible manner for successes. We will provide the City with all services needed to ensure that it takes full advantage of the Federal economic stimulus package. KEY ISSUES Water Resources VSA has long been engaged on water resources issues including water quality monitoring, flood control, storm water management, and improvement of wastewater treatment systems. VSA has extensive experience working closely with the Army Corps of Engineers and the Bureau of Reclamation, and the Environmental Protection Agency. As a results-oriented firm, VSA prides itself on demonstrated success in delivering water projects appropriations for our clients. Working on their behalf, VSA has been successful in securing over $300 million for a variety of water resource projects. We helped organize a coalition of cities working with the National Association of Counties, National League of Cities, and the u.s. Conference of Mayors to modify pending storm water mandates for municipalities. The success of this coalition effort resulted in Clean Water Act amendments and subsequent Environmental Protection Agency regulations that established less costly requirements for municipalities whose separate storm sewer systems were slated to be treated as industrial dischargers. Transportation VSA understands that transportation policy must be set with an eye toward economic development and housing, so that policies in each of these areas are mutually reinforcing rather than working at cross-purposes. VSA will help the City demonstrate to Congressional appropriators how Federal funding forthe City's transportation needs will also advance the City's efforts to further economic growth, improve quality of life, and meet the needs of a diverse population. This year will bring significant progress toward authorizing the next surface transportation bill. Issues of funding; climate change, energy costs, goods movement, and metropolitan mobility will have direct impacts on the City of Palo Alto. Your delegation must fully understand the impact of those policies on the City as they engage in the policy debate as well as advocate for specific projects in the City. Housing & Economic Development To reach its full economic potential, the City will need a robust partnership with the Federal agencies responsible for programs that promote local economic development, including the Departments of Commerce, Transportation, and Housing and Urban Development (HUD), among others. VSA principals have extensive experience developing, implementing, and overseeing Federal economic development programs that can be of greatest use to the City'S development efforts. While working for Congress, VSA principals helped write legislation to create HUD's "special purpose grants," the forerunner oftoday's Economic Development Initiative grants, which provide a vehicle for Congressional earmarking of funds for many community development activities. VSA's experience translates directly into continued success in achieving our clients' legislative goals in the area of economic development. One example can be seen in our work for the City of Baltimore. In 2001, the Department of Housing and Urban Development denied Baltimore the authority to use unspent HOPE VI funds for a desperately needed revitalization effort that included activities that were ineligible under HOPE VI rules. VSA helped the City secure bill language that allowed $20 million to be reprogrammed from HOPE VI to the related development project elsewhere in the City. VSA also worked with the City of Fayetteville to secure funding for the Fayetteville Expressway Economic Development Corridor and the University of Arkansas' Technology Corridor Enhancement project. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 11 Public Safety and Emergency Response VSA has helped its municipal clients obtain public safety funding through the Department of Justice and other Federal agencies for a police and fire training facility in Santa Ana; new law enforcement technologies for Baltimore; a juvenile justice program for Detroit; and a series of community-based initiatives, including methamphetamine control and cleanup programs for the State of Oklahoma. VSA has worked towards getting funds for Baltimore's Employment Connections for Ex-Offenders initiative. We have worked with the Department of Homeland Security to expedite funding for urban area security, interoperable communication, and to combat proposals that would impose cost-sharing requirements on grant recipients. We have taken the lead to authorize the Urban Search and Rescue program, coordinating the efforts of 28 Task Forces across the country, to address compensation and management issues as well as secure the highest levels of funding in the program's history. Environmental Quality Local governments can expect significant legislative action this year on environmental quality issues. Climate change and reducing greenhouse gas emissions will be addressed in independent legislation as well as being a significant component ofthe transportation authorization bill. Additionally, the Clean Water Restoration Act, which proposes to redefme waters of the U.S. subject to Federal regulation, is expected to be considered this year. VSA principals have extensive experience working on environmental quality issues, including the development of some of the nation's largest multi-species habitat conservation plans, wetland restoration and permitting, aquatic ecosystem restoration, and specific preservation of local land use authority in Clean Air Act management plans. We are well-prepared to help ensure that Federal mandates are cost-effective and that permitting processes recognize environmental aspects unique to the City of Palo Alto. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 12 Chapter 4-Work Plan SCOPE OF SERVICE Washington, D.C. has seen significant changes in advocacy in recent years. Securing Federal funding now requires an understanding of the new environment and an ability to work with both the Congress and Federal agencies. Your Federal advocates need to understand every aspect of working with your Congressional delegation, the leadership of the Appropriations Committees, and Federal agency staff. They need to have the ability to access a Senator's office, understand program requirements, prepare detailed legislative submissions, and understand how policy proposals will affect the City. For these reasons, securing the Federal resources needed to advance the City's priorities will require vigilance, expertise, and a coordinated and sustained effort. VSA has the expertise needed to succeed in this new environment. The City of Palo Alto's VSA team is well positioned to help City officials define Federal goals and objectives, develop strategies to achieve those objectives, and undertake the work necessary to be successful. Outlined below is the approach that VSA will take in assisting the City of Palo Alto to secure Federal project funding and policy initiatives. Strategic Intelligence: We will be the City of Palo Alto'-s "eyes and ears" in Washington, D.C., providing timely information on all legislative and budgetary issl.!es of concern. We would provide up-to-:the-minute information and analysis to City officials on a wide array of issues. We recognize and define short and long-term funding trends well before they become apparent and identify the intersection of the City's priorities and Federal opportunities. We will work with the California Congressional Delegation and their staff, Appropriations Committee staff, key authorizing committees, and officials at the Federal departments and agencies to emphasize your budget and policy priorities, and in that context, help shape your legislative strategy. Identifying Strategic Partnerships: VSA will work with the City to build and communicate local grass roots support for each project to demonstrate local needs and benefits. VSA will work with local partners to communicate their support of the City's priorities to the California Congressional Delegation. VSA recommends that local partners visit with Members of Congress in their Washington, D.C. and district offices to advocate for the City's legislative priorities. VSA will also work to mobilize the support of national coalitions. VSA currently coordinates with the U.S. Conference of Mayors and the National League of Cities on a number of issues and is prepared to advocate the City's interests, ensuring the City of Palo Alto's interests are included in the broader efforts of these organizations. Liaison with Congressional Offices: VSA will establish day-to-day contact with the Senators Dianne Feinstein and Barbara Boxer, as well as Representative Anna Eshoo. We will prQvide liaison services as needed to the Appropriations Committee and other committees to implement the City'S legislative strategy. We will also reach out to other congressional offices in the state of California on issues of regional significance such as transportation, water resources, and economic development. Liaison with the Executive Branch: VSA's principals have extensive experience working with Executive Branch departments and agencies, having either worked at them in senior staff positions or know how to help clients resolve issues within those agencies. We know how to help the City of Palo Alto navigate the policy, budgetary, and legislative processes to secure grants and address changes in regulations. We have worked issues from the lower levels of an agency through the Office of Management and Budget and the White House. Our team is prepared to help the City successfully meet any issue before the Executive Branch. Technical Assistance: VSA will aid in the technical aspects of the legislative and regulatory process. We will assist the City in drafting legislation as needed and analyzing relevant Federal proposals, writing articles for publication, and preparing briefings and updates for dissemination to City officials. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 13 Creating New Funding Sources: VSA would examine the authorizing process to create and expand funding opportunities for the City of Palo Alto. We have extensive experience working with major laws impacting local governmental agencies. Similarly, VSA monitors funding opportunities across the Federal government and will notify City officials when appropriate. We would work with City officials to build upon existing relations within the Federal agencies, and to provide input on upcoming grant opportunities and new policy initiatives. New Opportunities and Crisis Management: VSA would monitor the daily events in Washington, D.C. that may affect the City'S legislative efforts. VSA prides itself on an ability to identify opportunities and changing circumstances in advance to position our clients for success. In Washington, D.C., time is of the essence. It is important to be able to identify a potential or genuine problem and provide a solution quickly. In short, we help you develop a "SWAT team" capability in your arsenal to respond to emerging challenges and opportunities. SCHEDULE To illustrate a portion of the work we expect to do for the City, the following is a brief outline of the schedule for pursuing projects and programs identified as priorities for the remainder of this calendar year. Since this contract would c.ommence in the middle of the legislative year, the following timeline has been modified and does not include the submittal of appropriations requests since deadlines to submit these requests to your Congressional Delegation will have passed. We understand that you have been engaged in Washington, D.C. and will work with you to ensure a seemless transition and build upon the legislative agenda you have already established. Initial Meeting/Assessment (June) Upon selection as the City's representative, VSA would immediately undertake a comprehensive assessment ofthe City of Palo Alto's agenda to build upon its past Federal relations efforts and, where appropriate, modify tactics that might not be resulting in maximum outputs. This process would begin with our team traveling to the City to meet with appropriate City staff and elected officials. VSA would also reach out to our extensive contacts in Congress and the Adlninistration to initially gauge the following key areas: o Strengths and weaknesses of the City of Palo Alto's advocacy program; o Evaluation of policy positions in the context of Congressional and Administration priorities; o Recognition of the City's needs; and o Positioning and perceptions of the City's Federal agenda. Developing a Legislative Strategy (June/July) We view developing a well-thought-out legislative strategy as the key to capturing Federal funding. This strategy development phase requires an intimate knowledge of the appropriations process and the availability of discretionary grants. This continuous monitoring has given VSA an understanding of the best targets of opportunity for securing Federal funds. Van Scoyoc Associates will provide up-front counseling to the City of Palo Alto to maximize your chances of success. We will work with the City and its department heads to match City priorities with Federal funding opportunities. This strategic advice and planning process is an intensive, ongoing effort, and will require frequent communication. An important part ofthe legislative strategy phase is identifying members of Congress who will champion your projects .. We will work with you to develop and cultivate relationships with Senators Feinstein and Boxer, Representative Eshoo, and key Congressional committees. One of the greatest values VSA will bring to the City of Palo Alto is the extensive range of contacts we have with congressional leaders. We will extend your reach to these and other policymakers, helping gain support for the City's legislative initiatives. Responding to Congress and Legislative Advocacy (June-December) VSA will work with the delegation to provide detailed information needed to support the City's appropriations requests. This will require close coordination between VSA and City officials to ensure timely response to questions from Congressional offices. We keep close track of appropriations bills' schedules, which is a critical component of the process. Success often hinges on ensuring that staff-to-staff and member-to-member contacts are made at the appropriate time. In fact, many projects are unsuccessful because contacts are made with the Appropriations Committee either too early or too late. In addition to Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 14 ensuring that Hill contacts are made in a timely manner, we work with you to create an advocacy plan that involves prominent City leaders on high-profile projects. Utilizing these influential contacts is important to keeping Members of Congress focused on your priorities. Advocacy efforts do not cease when appropriations bills are signed into law. As part of our all encompassing approach, we help you work with Federal agencies until funding is disbursed. Part of this process involves making high-level contacts with sponsoring agencies and helping you to work with program managers to foster friendly and productive relationships. Authorization Bills (Year-round) VSA will work throughout the year to advance the City's agenda on authorization bills under consideration. There often are opportunities to address policy objectives in authorization bills, ~s well as to secure additional funding, such as the reauthorization of the highway/transit bill. The House Transportation and Infrastructure Committee has asked Members to submit their transportation projects for the upcoming transportation reauthorization bill by early May. We ensure that request forms and support documentation are properly prepared and submitted on time. Monitor Agency lnitiatives(Y ear-round) VSA will also monitor Federal agency grant opportunities. Congress is leaving a significant percentage of discretionary funds to be awarded by these Federal officials, and VSA will help City officials understand program and grant application requirements and opportunities. Planning (Year-round) In October-November, members of the City's VSA team will travel tothe City and meet with the leadership team and department heads regarding prospective projects for the coming fiscal year. During this time, we also will assess accomplishments and unmet objectives of the past year and modify our strategy for the coming year. COMMUNICATION Communication is critical to the success of any relationship. Through the course of our work experience, we have found that it is not uncommon to spend as much as half of our time communicating with the client, and the other half devoted to communicating your agenda to Federal officials. VSA prides itself on ensuring that the client has the most up-to-date information available. From the outset, we would workc1osely with City officials to establish open lines of communication. VSA is committed to preparing and submitting regular reports on activities and meetings, as well as time-sensitive reports on Federal activities that affect each part of this process. This will include regular summaries of Congressional hearings, committee meetings, floor debates, regulatory actions, budgetary proposals, and third party analysis of issues of concern. Further, we are prepared to coordinate calls and meetings with local officials to ensure shared information and that there is a coordinated strategy. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 15 Chapter 5-Proposed Innovations The most successful procedural innovation is the robust engagement of the City in the Federal agenda. We encourage elected officials and professional staffto come to Washington, D.C. to meet with Federal agencies and key decision- makers on Capitol Hill. Officials in Washington, D.C. welcome the expertise and practical experience of those who administer programs and projects funded by the Federal government. This not only ensures that grant dollars are effectively used in the City, but creates new opportunities for a community that regulators and legislators have come to know as a responsible government partner. One technical innovation we could suggest is an effective tool for ensuring continuous communication between City staff and VSA. In addition to regular phone calls, email communications, and reports, we could establish a password- protected website that would house an inter-active chart of all the City'S projects requITing attention in Washington, D.C. The chart would list the responsible parties in Washington, D.C. and Palo Alto, status ofprojects, and specific tasks to advance the project. This would enable professionals and elected officials to access information on the state of the City's objectives in Washington, D.C. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 16 Chapter 6-Project Staffing VSATEAM VSA has extensive experience representing the interests of city governments in Washington, D.C. VSA has assembled a team that is experienced in working with the California Congressional Delegation, particularly Representative Anna Eshoo, and Senators Feinstein and Boxer. We are well-positioned to provide immediate advocacy for the City of Palo Alto's most critical Federal legislative issues. Over the long term, VSA will help the City define specific goals and objectives, develop strategies to achieve those objectives and undertake all the work necessary to secure funding and authorization for the City's projects and programs. The City of Palo Alto will have full access to all the professionals at VSA, whose services will be called upon based on the City's needs. In the interest of accountability and efficient communication, one principal will be assigned as your primary point of contact and will manage all services provided to the City. VSA Vice President Thane Young will be the City of Palo Alto's principal point of contact. He will be assisted by Vice President Steve Palmer and Government Mfairs Manager Laura Morgan. Thane A. Young Thane A. Young, a Vice President at Van Scoyoc Associates, has a broader perspective on government relations than most lobbyists. His work has encompassed trade associations, state and local agencies, private companies, and all parts of the Federal government. "Washington, D.C. is important, but I like to look at the whole picture. I spend a lot of one-on-one time with my clients, working through all the interlocking issues and developing comprehensive solutions to a project or problem," Mr. Young said. Mr. Young has been lobbying for over two decades, and he began his career in Washington, D.C. as a Legislative Aide to Senator Pete Domenici, R-NM. He also served as the Director of Government Affairs for the National Association of Realtors, in addition to representing clients on the state and Federal level for six years in California. Stockton, CA, has been a client of Mr. Young's since the mid-1990s. A Federal plan to designate much of the metropolitan area in a flood plain threatened the economic future ofthe City. Mr. Young played a primary role in the City taking responsibility for its own flood protection, with the Federal government refunding most of the cost. Since then, Mr. Young has worked with Stockton to receive over $40 million in Federal support. With his Western background, Mr. Young has long been involved in crucial negotiations over water supply and quality that now have been replicated across the entire country. "Every jurisdiction in the country needs water infrastructure, improved flood control, wiser use of diminishing water supplies, or new strategies for improving water quality," Mr. Young said. In Orange County, CA, Mr. Young helped develop plans and obtain funding for more than 50,000 acres of endangered habitat that made sense for local economic interests, environmentalists, and multiple endangered species. Mr. Young is currently working to provide full Congressional authorization for the country's twenty-eight Urban Search and Rescue teams. These teams were created in the early 1990's to respond to collapsed structures, but as time has gone on, their role has expanded to included responding to natural disasters and terrorist attacks. Federal legislation is needed to make this program and its funding continuous. Mr. Young has experience working with the U.S. Army Corps of Engineers, the Federal Emergency Management Agency, the Environmental Protection Agency, the Department of the Interior, and many other Federal agencies. He has coordinated strategy with national organizations such as the U.S. Conference of Mayors, the National League of Cities, the National Association of Counties, the National Association of Homebuilders, and the National Association of Flood and Stormwater Management Agencies. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 17 Mr. Young holds a Bachelor of Arts degree in Political Science from Brigham Young Uitiversity, and did graduate work in Urban and Environmental Planning at California Polytechnic State University, San Luis Obispo. Steven O. Palmer Steve Palmer serves as Vice President at Van Scoyoc Associates Inc. (VSA). Mr. Palmer came to VSA in 1998 after having served nearly 20 years on Capitol Hill and as Assistant Secretary, U.S. Department of Transportation (DOT). At VSA, Mr. Palmer has developed a practice that focuses on transportation, aviation, homeland security, and economic development. He represents public sector and corporate clients on policy initiatives, appropriations, and administrative actions before the Congress and Executive Branch agencies. Mr. Palmer was nominated in 1993 by President Bill Clinton and confirmed by the Senate to serve as DOT's Assistant Secretary for Governmental Affairs. For more than five years he served as the key legislative strategist for the entire Department of Transportation. Working on a bipartisan basis with the Congress, Mr. Palmer helped secure passage of critical legislation such as the Transportation Equity Act for the 21st Century (TEA-21), Federal Aviation Administration reform bills, and the annual Transportation appropriations bill. Mr. Palmer left DOT in 1998 as the longest serving Assistant Secretary for Governmental Affairs in history. In addition to his legislative accomplishments, he expanded outreach to state and local officials and organized constituency and grassroots support. Mr. Palmer also coordinated grant activities for airports, highways, mass transit, and other development and safety programs. Before his appointment to DOT, Mr. Palmer served 10 years in senior positions on the Senate Committee on Commerce, Science, and Transportation. From 1983 to 1990, Mr. Palmer was the senior professional staff member on the Aviation Subcommittee; in 1990, he assumed the senior staff position on the Science, T~chnology, and Space Subcommittee. Mr. Palmer began his Congressional career with the Senate Budget Committee, after having completed a two-year appointment as a Presidential Management Intern. Mr. Palmer received his Bachelor of Arts in Political Science from Kalamazoo College in Kalamazoo, Mich., and his Masters of Public Affairs from the Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin. Laura E.J. Morgan Laura E.J. Morgan, a Manager of Government Relations at Van Scoyoc Associates, fmds her work now similar to what she did as a staff member in the U.S. Senate, but with one significant difference. "Here, I can see when my work has an impact --helping a municipality improve its water system or build a road," Mrs. Morgan said. "At the Senate, we were trying to answer to over 35 million Californians. It's a much larger scale, and while we knew that what we accomplished was important, I sometimes missed the chance to see our efforts turn into reality." Mrs. Morgan, who joined Van Scoyoc Associates after serving in various staff roles for Sen. Dianne Feinstein, D-CA, uses her insider knowledge of the Senate to help clients negotiate the perplexing ways of Capitol Hill. Mrs. Morgan specializes in transportation, energy, and water issues, often helping local governments fmd solutions to specific problems or to satisfy growing needs. Her experience working with the 2005 Transportation Reauthorization bill and the Energy Policy Act of 2005 has proven to be invaluable. While working at Van Scoyoc Associates, Mrs. Morgan prepares proposals for potential clients, creates and organizes documents to be used in briefing congressional members and staff, and keeps track of legislative developments of interest to the firm and its clients. , Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 18 Mrs. Morgan experienced the full range of assignments while in Senator Feinstein's office, such as writing speeches, creating presentation documents, drafting constituent correspondence letters, covering committee meetings, writing daily reports for the Senator, and working with constituents to resolve a wide range of problems. A graduate of Wake Forest University, in Winston-Salem, NC, Mrs. Morgan holds a Bachelor of Arts degree in Political Science, with a minor in Sociology. She is proficient in Spanish and American Sign Language. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 19 Chapter 7 -Proposal Exceptions Van Scoyoc Associates does not take any exceptions to the requirements and the conditions of the Request for Proposal for Federal Legislative and Regulatory Representation as set forth by the City of Palo Alto. We believe our proposal meets all of the requirements outlined by the City. Van Scoyoc Associates, Inc. 1 101 Constitution Ave., NW 1 Washington, DC 20001 T: 202.638.1950.1 F: 202.638.7714 I,WWW.VSADC.CQM I Page 20 Chapter 8-Proposal Costs and Rates Van Scoyoc Associates structures its relationships with clients in a way that ensures complete and open communication. We charge a flat fee for services on a monthly retainer basis. We do not charge by the hour, so that communications remain open, unhindered, and our clients know exactly what our services are going to cost. We base our retainer rates on the number of principals and staff devoted to a client and the expected scope of work. Approximate hourly rates for the proposed City of Palo AltoNSA Team are as follows: Steve Palmer, Vice President Thane Young, Vice President Laura Morgan, Manager, Government Relations $385 per hour $385 per hour $175 per hour For the City of Palo Alto, VSA proposes full and complete Federal Legislative and Regulatory Representation for a monthly retainer of$8,000 with the additioJl of reasonable costs for directly related business expenses and travel, which VSA would offer to cap at $5,000 over the course of a one year contract. All legislative advocacy services/activities outlined in the proposal would be included in the monthly retainer rate. Van Scoyoc Associates, Inc. I 101 Constitution Ave., NW I Washington, DC 20001 T: 202.638.1950 I F: 202.638.7714 I WWW.VSADc.COMIPage 21 ATTACHMENT B Proposer's Information Form PROPOSER (please print): Name: Van Scoyoc Associates, Inc. Address: 101 Constitution Avenue, Nl:1, Suite 600 West ~1ashington, DC 20001 Telephone: (202) 638-1950 Fax: (202) 638-7714 Contact person, title, telephone and fax number: 'Dlane Young, VE, at the numbers listed above Taxpayer Identification No. ,...;5:;,:2=---=1::.;7-=1:..::0..:::,9:2::..3 _______________ _ (or Social Security Number if Sole Proprietorship) Proposer, if selected, intends to carryon the business as (check one) o Individiual o Joint Venture o Partnership ~ Corporation When incorporated? 1/2/1991 In what state? District of Columbia When authorized to do business in California?: __ _ Other (explain): We do not do business in California. We represent california clients before t..he Federal govenunent. ADDENDA To assure that all Proposers have received each addendum, check the appropriate box(es) below. Failure to acknowledge receipt of an addendum/addenda may be considered an irregularity in the Proposal: Addendum number(s) received: 01; 02; 03; 04; 05; 06; Or, ~ __ . _ No Adden~~J/A~d'wrJ~ceived (check and initial). . PROPOSER'S SIGNATURE #. ,()t::[f 1/ L No proposal shall be accepted wliich has not been signe ~n the appropriate space pelow: 050310 13 By signing below, the submission of a proposal shall be deemed a representation and certification by the Proposer that they have investigated all aspects of the RFP, that they are aware of the applicable facts pertaining to the RFP process, its procedures and requirements, and they have read and understand the RFP. No request for modification of the proposal shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition. 1. If Proposer is INDIVIDUAL, sign here Date: _____ _ Proposer's Signature Proposer's typed name and title 2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: Partnership or Joint Venture Name (type or print) Date: _____ _ Member of the Partnership or Joint Venture signature Date:. _____ _ Member of the Partnership or Joint Venture signature 3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: ____ ~pr~e=s=i=d=e~n~t _________ and ________________ _ Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. ~~~ __ Date: ~~+-+-h+--+/o,- 8y: ________________________ Date: ______ _ Title: _______________________ _ 050310 14 Attachment C Certification of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment of any person because of race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight. or height of such person; that they are in compliance with all Federal, State and local directives and executive orders regarding nondiscrimination in employment. 4. If Proposer is INDIVIDUAL, sign here: ___ --:-~-----------_ Oate: _____ _ Proposer's Signature Proposer's typed name and title 5. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of the Joint Venturers shall sign here: __________________ Oate: _____ _ Partnership or Joint Venture Name (type or print) ___________________ Oate: _____ _ Member of the Partnership or Joint Venture signature Oate: . ----------------------------Member of the Partnership or Joint Venture signature 6. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows: The undersigned certify that they are respectively: President and Title Title Of the corporation named below; that they are designated to sign the Proposal Cost Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary's certificate of authorization) for and on behalf of the below named CORPORATION, and that they are authorized to execute same for and on behalf of said CORPORATION. Van Scoyoc Associates, Inc. Corporation Name (type or print) 050310 15 --~~~+-=---~-+----------------Date: By:, ______________ ----------------Date: _____________ _ Title: ___________________ _ 050310 16 Attachment C-1 Schedule of Rates Name of Person, (Position, Title) Thane Young(Vice-President) Steve Palmer (Vice-President) Laura Morgan(Government Relations Manager) Hourly Rate of Person $385 $385 $175 ACORDN CERTIFICATE OF LIABILITY INSuRANCE CSR KE I DATE (MMlDDNYYY) VANSC-1 07/01/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Leesburg VA 20177 phone: 703-777-7774 Fax:703-777-7156 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Hartford INSURER B: Chubb Insurance Group Van Scoyoc Associates, Inc. INSURERC: 101 9onstitution Ave NW # 600 INSURER 0: Wash1ngton DC 20001 INSURERE: COVERAGES 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~~~ ~~[ TYPE OF INSURANCE POLICY NUMBER PD~W1MMFo"D',yyI" I P~.kt1:J~~Il~Nlle LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 t--A ~ COMMERCIAL GENERAL LIABILITY 42SBARS3885 07/01/08 07/01/09 PREMIS~s (E~~~~;'~nce) 5300,000 t--:=J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 PERSONAL & ADV INJURY $1,000,000 f--GENERAL AGGREGATE $2,000,000 f--GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG 52,000,000 '-l POLICY n ~~8T !xl LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$ 1000000 A ~ ANY AUTO 42UECTA0158 07/01/08 07/01/09 (Ea accident) ALL OWNED AUTOS BODilY INJURY f--$ SCHEDULED AUTOS (Per person) f--~ HIRED AUTOS BODILY INJURY (Per accidenl) $ ~ NON-OWNED AUTOS c.-PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ==i ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A I:!J OCCUR o CLAIMS MADE 42SBARS3885 07/01/08 07/01/09 AGGREGATE $5,000,000 $ g DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X IT~~Y~~'~i+'s I IU~'t A EMPLOYERS' LIABILITY 42WECTJ8208 07/01/08 07/01/09 E.L. EACH ACCIDENT S 500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L, DISEASE -EA EMPLOYEE $ 500000 ~~~~,~tS~~~Jj~r5~s below E.L. DISEASE -POLICY LIMIT $ 500000 OTHER B Errors &: omissions 68026778 07/01/08 07/01/09 50000 ded 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS· WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ® ACORD CORPORATION 1988