Contra Costa Transportation Authority STAFF REPORT

Transcription

1 Contra Costa Transportation Authority STAFF REPORT Meeting Date: March 21, 2018 Subject Summary of Issues Authorization to Execute Agreement No. 489 with Tai Ginsberg & Associates, LLC for Federal Advocacy/Consultation Services The Authority s current federal advocacy firm, Chambers, Conlon & Hartwell, LLC has undergone restructuring to avoid conflicts of interests with some clients. The firm has separated into two separate entities Chambers, Conlon & Hartwell, LLC and Tai Ginsberg & Associates, LLC. The Authority s contract with Chambers, Conlon & Hartwell, LLC (Agreement No. 457) has been transferred by mutual agreement to Tai Ginsberg & Associates, LLC. Staff seeks authorization for the Chair to execute an agreement for Federal Advocacy/Consultation Services between the Authority and Tai Ginsberg & Associates, LLC through January 1, 2020 at a rate of $3,500 per month, with up to an additional $3,000/year available for pre-approved travel expenses. Recommendations Staff seeks authorization for the Chair to execute Agreement No. 489 with Tai Ginsberg & Associates, LLC for Federal Advocacy/Consultation services. Financial Implications At a monthly rate of $3,500, the proposed agreement value is $87,500 over 2 years, plus up to an additional $6,000 for pre-approved travel expenses for a total financial commitment up to $93,500. The Authority s budget currently includes the resources to support this contract, and it is anticipated that a budget will be available for future fiscal years. Options 1. Approve staff recommendation. Attachments A. Agreement No Forego federal representation until staff can conduct a competitive selection process. B. Letter from Tai Ginsberg & Associates, LLC 2.3-1

2 Contra Costa Transportation Authority STAFF REPORT March 21, 2018 Page 2 of 2 Changes from Committee N/A Background On January 1, 2017 the Contra Costa Transportation Authority (CCTA) entered into an agreement with Chambers, Conlon & Hartwell, LLC for Federal Advocacy/Consultation services for a three-year period. The staff assigned to our account Jason Tai, Andrew Davis and Madeline Pike have been responsive to questions and requests from CCTA staff, provided regular updates to CCTA staff and the Board on relevant federal legislation, conducted outreach to key political appointees and career employees at the U.S. Department of Transportation, and arranged meetings and an advocacy trip with key staffers on congressional committees to educate staff about CCTA s programs and their need for future funding. They also facilitated high-level discussions with the National Highway Traffic Safety Administration (NHTSA) that resulted in NHTSA granting CCTA our original waiver for the shared autonomous vehicle pilot project, and successfully secured an extension of that waiver. The team assigned to our account also worked with CCTA staff to provide language for future funding in federal budget bills. Effective December 1, 2017, Chambers, Conlon & Hartwell, LLC began restructuring to avoid conflicts of interests with some clients. The firm has separated into two separate entities Chambers, Conlon & Hartwell, LLC and Tai Ginsberg & Associates, LLC. The Authority s contract has been transferred by mutual agreement to Tai Ginsberg & Associates, LLC, which employs all three staff members originally assigned to CCTA s account. Staff is requesting execution of a new Agreement No. 489 with Tai Ginsberg & Associates, LLC

3 ATTACHMENT A CONTRA COSTA TRANSPORTATION AUTHORITY March 21, 2018 Tai Ginsberg & Associates, LLC 410 1st Street SE, Suite 200 Washington, DC Dear Mr. Tai, Letter Agreement No. 489 for Federal Advocacy/Consultation Services This letter shall be our Agreement ( Letter Agreement ) regarding the federal advocacy/consultation services described below ( Services ) to be provided by Tai Ginsberg & Associates, LLC ( Consultant ) as an independent contractor to the Contra Costa Transportation Authority (the Authority ) for federal advocacy services ( Project ). Consultant is retained as independent contractor and is not an employee of the Authority. Authority and Consultant are sometimes referred to herein as Party or Parties. The Services to be provided are more particularly described in the Scope of Work attached hereto as Exhibit A and are incorporated herein by reference. This Letter Agreement shall become effective on December 1, 2017 and will expire on January 1, The term of the agreement will be for two years and one month unless terminated earlier by one of the parties. Consultant shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a valid business license, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. Consultant has represented to the Authority that certain key personnel will perform and coordinate the Services under this Letter Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of equal competence upon written approval of the Authority. In the event that the Authority and Consultant cannot agree as to the substitution of key personnel, the Authority shall be entitled to terminate this Letter Agreement for cause. The key personnel for performance of this Letter Agreement are as follows: Randell Iwasaki and Linsey Willis

4 Tai Ginsberg & Associates, LLC March 21, 2018 Page 2 of 5 Compensation shall be based on a monthly retainer structure, and shall be billed at the monthly rate(s) of $3,500. Necessary expenses for travel, meals, telephone, printing, deliveries, and other incidental expenses will be approved in advance by Randell Iwasaki and billed separately at cost up to $3,000/year. The total compensation shall not exceed $87,500, plus up to an additional $6,000 for pre-approved travel expenses over the two years and one month for a total financial commitment up to $93,500. Consultant s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the Authority on a monthly basis as performance of the Services progresses. The Authority shall review and pay the approved charges on such invoices in a timely manner. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and the performance of other requirements on public works and maintenance projects. If the Services are being performed as part of an applicable public works or maintenance project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Letter Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant s principal place of business and at the project site. Consultant shall defend, indemnify and hold the Authority, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. If the Services are being performed as part of an applicable public works or maintenance project, then pursuant to Labor Code Sections and , the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant s sole responsibility to comply with all applicable registration and labor compliance requirements. Consultant shall provide proof of commercial general liability, business auto liability, and professional liability/errors and omissions insurance to the Authority in amounts and with policies, endorsements and conditions required by the Authority for the Services. The Authority, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Consultant s policies of commercial general liability and automobile liability insurance. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant shall also provide proof of workers compensation coverage for such employees, which meets all requirements of State law, with endorsements and conditions required by the Authority

5 Tai Ginsberg & Associates, LLC March 21, 2018 Page 3 of 5 The Authority may terminate this Letter Agreement at any time with or without cause. If the Authority finds it necessary to terminate this Letter Agreement without cause before Project completion, Authority will provide a minimum of 30 calendar days written notice to Consultant, and Consultant shall be entitled to be paid in full for those Services adequately completed prior to the effective date of termination. Consultant may terminate this Letter Agreement only upon 30 calendar days written notice to the Authority only in the event of Authority s failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Authority, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subconsultants, consultants or agents in connection with the performance of the Consultant s Services, the Project or this Letter Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant s Services are subject to Civil Code Section , the above indemnity shall be limited, to the extent required by Civil Code Section , to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant s obligation to indemnify shall survive expiration or termination of this Letter Agreement, and shall not be restricted to insurance proceeds, if any, received by the Authority, its officials, officers, employees, agents, or volunteers. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements imposed by the California Air Resources Board (CARB) or other governmental agencies; and all water quality laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Authority. By executing this Letter Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Consultant shall maintain records of its compliance, including its verification of each employee, and shall make them available to the Authority or its representatives for inspection and copy at any time during normal business hours. The Authority shall not be responsible for any costs or expenses related to Consultant s compliance with the requirements. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Consultant's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause

6 Tai Ginsberg & Associates, LLC March 21, 2018 Page 4 of 5 By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Finally, Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Consultant shall indemnify Authority against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Contra Costa County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Authority. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the Authority. Consultant shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the Authority, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Consultant warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Consultant hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below

7 Tai Ginsberg & Associates, LLC March 21, 2018 Page 5 of 5 CONTRA COSTA TRANSPORTATION AUTHORITY TAI GINSBERG & ASSOCIATES, LLC Approved By: Federal D. Glover CCTA Chair Date Jason Tai President Date Attested By: Tarienne Grover Clerk of the Board APPROVED AS TO FORM: By: Malathy Subramanian CCTA Counsel

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9 Scope of Work This memo outlines the scope of work for an agreement between the Contra Costa Transportation Authority (CCTA) and Tai Ginsberg & Associates, LLC (TGA) for consulting services in the Federal transportation and transportation technology space. During the term of the agreement, TGA will provide federal government relations consulting services to CCTA on public policy, regulatory and legislative matters. The services to be provided will include, but not be limited to, the following activities: a. Strategic Messaging and Counsel: i. Develop strategies to support CCTA s legislative, policy, and funding goals with relevant stakeholders, including the U.S. Congress, the U.S. Department of Transportation, and key industry groups. ii. Develop and execute outreach efforts in the public sector with key transportation stakeholders to promote CCTA and its ongoing planning and research efforts. iii. Utilize expertise to collaborate and coordinate with CCTA in the development of legislative, policy, and informational materials to promote CCTA and its goals. iv. Provide strategic counsel to CCTA on overall governmental and political trends and potential impacts to CCTA. v. Work to develop partnership and coalition opportunities that will enhance CCTA s legislative and policy goals. b. Legislative Efforts: i. Track and monitor legislative and congressionally driven issues, hearings, roundtables, and other activity that may impact CCTA, including funding and policy developments in annual federal budget processes and all potential legislative activity directly related to CCTA. ii. Leverage TGA relationships and knowledge of key Committees in the U.S. House of Representatives and the U.S. Senate, such as, but not limited to, the House Committee on Transportation & Infrastructure, House Committee on Science, Space & Technology, Senate Committee on Commerce, Science & Transportation, and Senate Banking, Housing & Urban Affairs. iii. Develop policies that further CCTA s strategic objectives in the infrastructure and vehicle technology realm. iv. Assist CCTA with engaging key Members of Congress and congressional staff to help shape public perception with critical facts and data points to help raise the profile and identity of CCTA as a forward-thinking, resourceful self-help county planning entity and vehicle research leader. v. Facilitate communication between CCTA and Members of Congress covering CCTA s jurisdictional boundaries and their Washington, DC staff and represent CCTA s interests to advance CCTA s agenda and goals. vi. Continually update and apprise CCTA staff and Board on legislation, policy items, hearings, and events of interest and report to CCTA through informal updates and formal monthly reports

10 c. Regulatory Efforts: i. Monitor regulatory issues that will impact CCTA, including funding developments, award management changes, planning and project delivery requirements, and other issues. ii. Monitor activity and interactions at strategically important federal agencies, such as the U.S. Department of Transportation (DOT), Federal Transit Administration (FTA), Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA) and other relevant transportation agencies. iii. Conduct continuous outreach to key political appointees and career employees at the U.S. DOT, FTA, FHWA, and NHTSA and facilitate interactions between relevant individuals and CCTA. d. Grant Opportunity Monitoring i. Monitor the Federal Register and other Federal resources for grant and funding opportunities of interest and value to CCTA. ii. Provide strategic insight, counsel, and review on grant applications as-needed and requested. iii. Assist CCTA with Federal outreach to obtain Congressional support for grant applications submitted by CCTA. e. Assist in Planning Annual Authority Board and Staff visit to Washington, DC i. Provide input as to which legislators, staff, administration and pertinent association/organization representatives the Authority should visit. ii. Develop and itinerary and schedule appointments in a way that makes efficient use of the Authority s time. iii. Provide general background information on individuals to be visited as it relates to the subject of the visit including any protocol or additional issues that could impact the Authority s message or delivery

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