HomeMy WebLinkAbout31-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ORIGINAL
Subject: Resolutions authorizing
execution of an agreement to jointly
fund the Consulting Services of
David Turch and Associates by and
between the City of San Bernardino,
the Board of Water Commissioners
and the Economic Development
Agency and Resolution authorizing
the Mayor to execute an agreement
with David Turch and Associates.
From: Fred Wilson,
City Administrator
Dept: City Administrator's Office
Date: November 3,1999
Synopsis of Previous Council Action:
Mavor and Common Council and Community Development Commission
1. Adopt Resolutions.
2. Authorize the Director of Finance to amend the FY 1999-2000 budget and
increase account #001-092-5502 (Non-Departmental/professional
contractual) by $28,800 to reflect the FY 1999.2000 cost of the contract; and
increase revenue account # 001-000-4670 (EDA revenue reimbursement) by
$9,600 and revenue account # 001-000-4673 (Water Department revenue
reimbursement) by $9,600 to reflect the reimbursement to be received from
the Water Department and EDA for their portion of the contract cost.
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Signature
Contact person:
Fred Wilson
Phone: 5122
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS: Amount Total Project Cost $45,000 split
between City, Water, EDA
Net Cost to General Fund $9,584(FY 99/00)
Source
(Acct. No.) 001-092-5502
(Acct. Description) Non-Departmental
professionallC~ntractual ~~t..~
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Council Notes:
Agenda Item No. ~/ C,
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CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Resolutions of the City of San Bernardino authorizing the execution of an
agreement to jointly fund the federal representation services of David Turch and
Associates by and between the City of San Bemardino, the Board of Water
Commissioners of the City of San Bernardino, and the Community Development
Commission of the City of San Bemardino, and Resolution of the City of San Bemardino
authorizing execution of an agreement with David Turch for federal representation
services.
Background: Since 1991, the City, the Economic Development Agency and the Water
Department have jointly funded an Agreement with Simon and Company to provide
federal representation in Washington, D.C. The contract expired in March, 1999,
and is currently being extended on a month-to-month basis. Since expiration of the
agreement, proposals have been solicited from two other providers of federal
representation services, Copeland, Lowery and Jacquez and David Turch and
Associates. After reviewing the proposals, staff is recommending that the City enter
into a one-year contract with the firm of David Turch and Associates (DT A) for the
following reasons:
. DTA currently represents the County of San Bernardino, IVDA, SBIAA and
San Bemardino Associated Govemments (SANBAG); therefore, they are
familiar with the issues facing the region.
. The firm has a proven track record, which includes the following funding
successes:
a. Obtained $100,000 for the Wilson Creek and Lytle Creek Confluence Area
Study, as well as $100,000 for the Upper Santa Ana Study.
b. Secured $2 million for the construction of a transit facility and the
acquisition of new buses.
c. The San Bemardino Intemational Airport Authority received $4.5 million in
FY 1997, $2.1 million in FY 1998 and $3.6 million in FY 1999 under the
Military Airport Program.
d. Obtained $3.5 million for Metrolink track extension, station construction
and tunnel repairs.
Under the terms of the contract, DT A will do the following:
a. Meet with the Mayor and Council, City Administrator, and City Department
Heads to better understand the needs, and priorities of our Community,
which will culminate in a prioritized major project list.
b. DTA will utilize this information to attract discretionary money sources
when opportunities arise during the legislative year.
c. DTA will help draft testimony for use before congressional committees
and prepare handouts for Congress, as well as scouring the Executive
Branch for programs and grants that meet the requirements of the City's
prioritized lists.
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d. DTA will advise the City of programmatic opportunities available in all
legislation.
In addition, DTA currently provides federal representation services locally for the cities
of Rialto, Temecula, and Moreno Valley.
Financial Impact: The monthly retainer fee for the services of David Turch and
Associates is $3,750. The contract start date is anticipated to be December 7, 1999.
Total retainer costs for the remaining (7) seven months in FY 1999-00 are anticipated to
be $26,250. Additionally, the firm shall be reimbursed for out of pocket expenses and
costs (i.e. travel expenses between the city of San Bernardino and Washington D.C.)
incurred on behalf of the City, the Water Department and the Economic Development
Department. Total retainer and reimbursement costs for FY 1999-00 are estimated to
be $28,750. The contract costs are to be shared equally by the City, the Water
Department, and the Economic Development Agency.
The City will be responsible for administering the contract and paying the contractor.
EDA and the Water Department will reimburse the City for their portion of the contract
costs. A budget amendment will be needed to reflect the following: 1.) FY 1999-00
contract cost of $28,750 to be paid out of account # 001-092-5502 (Non-
Departmental/professional contractual) and, 2.) the $9,583 in revenue reimbursement
from the Water Department and the $9,583 in revenue reimbursement from EDA for
their portion of the contract costs. Net cost to the City's General Fund for FY 1999-00 is
$9,584.
Recommended Motions:
1. Adopt Resolutions
2. Authorize the Director of Finance to amend the FY 1999-2000 budget and
increase account #001-092-5502 (Non-Departmental/professional contractual) by
$28,800 to reflect the FY 1999-2000 cost of the contract; and increase revenue
account # 001-000-4670 (EDA revenue reimbursement) by $9,600 and revenue
account # 001-000-4673 (Water Department revenue reimbursement) by $9,600
to reflect the reimbursement to be received from the Water Department and EDA
for their portion of the contract cost.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNcn. OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND
ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNcn. OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement to jointly fund the consulting services
of David Turch and Associates by and between the City of San Bernardino, the Board of Water
Commissioners of the City of San Bernardino and the Community Development Commission
of the City of San Bernardino.
14 SECTION 2. The authorization to execute the above referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
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of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCR. OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TO
JOINTLY FUND THE CONSULTING SERVICES OF DAVID TuRCH AND
ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
,1999, by the following vote, to wit:
meeting thereof, held on the
8 _day of
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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MCGINNIS
SCHNETZ
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SUAREZ
ANDERSON
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City Clerk
The foregoing resolution is hereby approved this
day of
1999.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City ttomey->
By: 7'
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A PROPOSAL TO PROVIDE
FEDERAL LEGISLATIVE ADVOCACY SERVICES
FOR (
THE CITY OF SAN BERNARDINO
SUBMITTED BY:
7)avid ::lurch and ~ssociates
OCTOBER 29, 1999 1:A~ft/r9
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517 2ND STREET. NORTHEAST. WASHINGTON. D.C, 20002
/2021 543-3744
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rvavid Jurch and ~ssociates
October 29,1999
Mr. Fred Wilson
City Administrator
The City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Dear Mr. Wilson:
Thank you for the invitation to submit this offer. David Turch and Associates proposes to be the
federal government advocate for the City of San Bernardino. We want to represent you.
We know San Bernardino. We already represent communities and businesses in Southern
California. We have delivered millions of dollars for their projects.
Not only do we deliver dollars for our clients, but we also help shape federal policy changes for
their benefit. This, in turn, improves their quality of life. Weare good at what we do.
We have a close working relationship with the senior members as well as other members of the
California congressional delegation. We enjoy close bipartisan ties with other Members of
Congress who are key decision makers and can influence or determine the outcome of your
projects. You will benefit from our expert representation and advocacy on land and water issues,
economic development, transportation, affordable housing, and criminal and juvenile justice
legislation.
David Turch and Associates is an experienced federal government relations firm. You deserve
excellent representation. Working with you, we will provide that.
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David N. M. Turch
517 2nd STREET, NORTHEAST, WASHINGTON, D.C. 20002
(202) 543-3744
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1 - SCOPE OF SERVICES PROVIDED
David Turch and Associates of Washington, D.C. proposes to perform all federal advocacy services
for the City of San Bernardino. We are an experienced federal government relations firm. For
twelve years we have provided comprehensive strategic planning, legislative goal setting,
intergovernmental liaison and political analysis. We work with a wide array of clients across the
United States.
We maintain close relationships with those we represent. Virtually every member of the city
councils, boards of supervisors and boards of directors of our clients knows us personally. We make
frequent visits to our clients and will often visit your community. We listen. We work hard to
understand your needs and plans for the future. We appreciate the role everyone plays in this team
effort. Working closely with you and the decision makers in Washington, D.C. brings success.
David Turch and Associates has the experience, manpower and expertise to provide all of the
services required to be your federal advocate in Washington, D.C.
(a) Process
Members of the firm will travel to San Bernardino upon award of the contract. We plan to spend
time with the Mayor, City Manager, members of the City Council and city department heads as well
as anyone else you designate as decision-makers. We will gather and exchange information to better
understand your needs, interests and desires. Together we will develop a prioritized major project
list. This list will be the basis of our FYOI funding request and legislative action agenda.
In addition, this visit will give us a good general feel for the city, its needs and priorities. This
knowledge will enable us to attract the small discretionary money sources (in the $100,000 to
$500,000 range) when unexpected opportunities arise during the legislative year.
Following that visit, we will begin working with you to prepare the materials necessary to promote
your legislative agenda. We will help you draft testimony for use before congressional committees
and prepare handouts for Congress. We will scour the Executive Branch for programs and grants
which meet the requirements of your prioritized lists.
By mid-winter, City officials and staff will be asked to visit Washington, D.C. This is the time of
year to make requests for funding with members of Congress and their staffs. We will arrange these
working meetings, brief your officials and staff the meetings.
March is a time when city officials frequently come to Washington for the annual meetings of the
National Association of Counties, the U.S. Conference of Mayors, the League of Cities, the American
Public Transit Association and other organizations which deal with urban issues. While San
Bernardino area public officials are in town for these activities, we will encourage them to also
participate in Capitol Hill meetings. This will reinforce our earlier work.
During February, March and April, appropriations committees hold their most important hearings.
These hearings offer an excellent opportunity to deliver your message. We will arrange for the City
to testify at these hearings as well as help to draft your statement.
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In April and May, we will meet with congressional members and senior committee professional staff
members to determine funding priorities, regulatory reform or other City interests.
Historically, the House Appropriations Committee will report out its legislation (markup) before the
Senate. That will give us a benchmark. We will have made parallel requests in both Houses, to
ensure our needs are addressed in one bill or the other.
Between June and October appropriations bills will be produced. These bills are frequently passed
on very short notice. An entire year's hard work can be lost overnight. Additional visits, phone calls
and letters to the congressional offices may be required to get your projects funded. The identities
and agendas of the decision-makers may not be apparent to outsiders. We know how to close the
deal.
David Turch and Associates will advise the City of programmatic opportunities available in all
legislation. We have been very successful in obtaining funding for particular projects from a number
of areas, including Transportation, HUD, Commerce, Justice and Defense budgets.
(b) Congressional Liaison
One important part of congressional liaison work is simply to be there. We are. We walk the halls
on a daily basis, talk with Members and their staffs and understand the latest developments. Our
physical location in a historic district adjacent to the Senate on Capitol Hill helps.
Communicating your program and interests to the Congress is best done by keeping it simple. We
help develop material and messages that can be encapsulated in one or two pages. The detail, when
required, will be attached but the message or request needs be clear and short.
The follow up is crucial. Reminders are constantly made of your requests. We keep you informed of
progress and problems.
Your visits to the Hill are important. We make the appointments and other arrangements and suggest
times. It is important you visit both your own delegation as well as other members in powerful
positions.
Testifying at Congressional hearings often helps. When testimony before a committee is needed, we
help write it. We accompany you to the hearing.
After your project is funded, we review the legislation and determine the procedure for expenditure.
We talk with the Executive Branch agency to see if any problems exist or might arise. If so, we
apprise the Congressional office(s) of the difficulty and work with them to solve it.
David Turch and Associates has a working relationship with many members from both political
parties in the House and the Senate. We work closely with the senior decision-makers on Capitol
Hill to advance your position.
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We also work with many of the committees and subcommittees that handle issues important to the
city. Some of those committees are:
. House Committee on Budget
. House Committee on Ways and Means
. House Committee on Transportation and Infrastructure
Subcommittee on Railroads
Subcommittee on Surface Transportation
. House Committee on Appropriations
. Senate Committee on Environment and Public Works
Subcommittee on Transportation and Infrastructure
. Senate Committee on Banking, Housing and Urban Affairs
. Senate Committee on Appropriations
Subcommittee on Transportation
. Senate Committee on Finance
. Senate Committee on Commerce, Science and Transportation
Subcommittee on Surface Transportation
. Senate Committee on Budget
We work with many members of key congressional committees. We are staffed, experienced and
able to meet the demanding schedules of meetings and conferences important to you.
(e) Demonstrated Bipartisan Support
David Turch and Associates is a dominant firm in Southern California. Some of our clients are
therefore interested in solutions to similar types of problems. Our experience is that there is virtually
never direct competition for the same federal dollars. The reverse is true.
We understand the interaction between the projects of one entity and another. Our knowledge and
experience enable us to tie your projects into a formidable synergistic political force. Your local
projects can, therefore, attract the support and local constituent interest from some of the most
powerful Members of Congress. Among them are: Chairman Lewis, Chairman Dreier, Chairman
Packard and Congressman Calvert.
David Turch and Associates is well grounded in the process of our govemment, not just in the people
elected to govern. Our staff understands how, when and where funds are appropriated. Consequently,
our work is relatively unaffected by changes in congressional leadership. We are well known by the
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chairmen of the committees and the ranking minority members. We are respected for our integrity
and honesty in representing our clients.
(d) Professional Associations
David Turch and Associates is involved with a number of professional associations. We attend
regular meetings and remain up to date on current projects and policy issues. These associations are:
. Women's Transportation Seminar
. U.S. Conference of Mayors
. California State Association of Counties
. National Association of Counties
. American Public Transit Association
. California League of Cities
. Sister Cities International
. Washington Area Transit Industry Representatives
(e) Reporting
David Turch and Associates places great emphasis on communication. This will be done through
personal updates and frequent visits to your city. We will talk to you on the phone extensively and
regularly expect to hear from you. This gives you immediate information and provides you with the
ability to ask detailed questions and provide specific direction. Such personal service fosters
improved relations and provides a forum for more detailed examination of your federal issues.
This clear understanding of San Bernardino's direction is most useful during the legislative session
when we arrange meetings and the opportunity for you to testify before the federal government.
Your issues are important, they deserve proper acknowledgment and action.
Issues can develop quickly. David Turch and Associates has the ability to adapt to changing
demands. We will understand your agenda and be able to track issues not specifically listed but of
interest to you.
(f) Experience with City Related Interests and Programs
Flood Control/Ref!Ulatorv advocacy
David Turch and Associates is very active in federal regulatory advocacy. Our achievements range
from successful intervention to prevent the establishment of the Ward Valley radioactive waste
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disposal facility to an agreement that permitted Temecula to clear portions of Murrieta Creek for
flood control. We are particularly active with the Fish and Wildlife Service and its administration of
the Endangered Species Act, which was the issue for Murrieta Creek.
us. Department of Transportation
We represent major transportation interests. We have the ear of FT A and FRA officials whenever we
need it. Our clients meet with top administration officials when they come to town, and we do the
follow up work to ensure tangible results.
We do much more than just arrange meetings. Our close relationship with DOT allows us to offer
our clients up to the minute information on trends in transportation. We do not analyze laws after
they are made, we analyze them before. Our clients have a place at the table writing the law,
formulating the policy and drafting the regulations.
David Turch and Associates regularly communicates with the Washington, D.C. and the regional
offices of DOT. Many issues can be resolved favorably for our clients at the local level where your
needs and options for success are readily understood. If a visit to Washington is necessary we will
get you in to see those people who can make a difference.
Finally, our intimate knowledge of the FTA planning process allows us to steer many transportation
plans through the layers of FTA bureaucracy. Our position in the transportation industry gives us a
good perspective on how other metropolitan areas deal with shepherding high budget plans through
the federal government. We know what San Bernardino has to do to win federal approval of its
plans.
Other transportation entities
Along with private industry and association groups we also regularly attend meetings which
frequently involve transportation issues. They are:
. U.S. Conference of Mayors
. National Association of Counties
. California State Association of Counties
. California League of Cities
These relationships allow us to understand potential problems. Such ties enable us to quickly form
the alliances necessary to enhance our clients' positions on Capitol Hill and in the White House.
We work for the Inland Valley Development Agency (IVDA), numerous airports and other
transportation related entities. For these agencies we have been successful in obtaining funding for
road development and construction, airport conversion and other general transportation needs. That
funding has been in the tens of millions of dollars.
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Maior Investment Studies (MIS)
The Transportation Equity Act for the 21st Century (TEA2I) changed the major investment studies
planning process. Streamlining and flexibility have been introduced. DOT has begun a series of
outreach meetings on the implementation of TEA21 in this area. David Turch and Associates is
working with DOT officials in Washington and in the regional offices to help them in their effort.
San Bernardino's interests should be addressed in these meetings.
TEA21 no longer requires that an MIS be a separate document. MIS requirements must be integrated
into other analyses required under federal law.
DOT has several questions regarding the implementation of this provision. They are: I) what process
should DOT institute to satisfy the core principles intended to be addressed by a major investment
study without having a separate requirement; and 2) how much flexibility should state, local and
metropolitan transportation agencies have in addressing NEP A considerations during the early
planning work on potential major metropolitan transportation improvements?
David Turch and Associates has been involved in transportation planning for Metropolitan Planning
Organizations (MPOs) and Joint Powers Authorities (JPAs) for years. We know what it takes to get
government funding. We can help San Bernardino plan its future to ensure the federal government
will support its ambitions. We involve ourselves in every facet of the transportation planning
process.
Our involvement in the planning stages of the project allows us to begin our behind the scenes efforts
right away. We work with your delegation, our friends on the appropriate cornmittees and agency
officials to create the necessary support for the project before it is even submitted. This enables us to
determine any political problems which might arise and get a jump start on competing interests who
might otherwise complicate the process.
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2 - EXPERIENCE
(a) Personnel Listing
David Turch
David graduated in 1963 from Saint John's University with majors in economics and business
administration. Credit concentrations were earned in English and philosophy. David Turch has
gained his comprehensive experience through his more than fifteen years (1964-1982) of service in
both the U.s. House and Senate and with members of both major political parties. This was followed
(1983-1987) by work as a division director at two of our nation's largest independent public relations
firms. He has substantial expertise in govemment marketing, defense and transportation issues. In
August of 1987 he founded David Turch and Associates at its present location on Capitol Hill. He
has been called upon from time to time to testify as an expert witness on transportation matters.
Marilyn Campbell
Marilyn is our chief operating officer. A native Washingtonian, Ms. Campbell brings extensive
management and political experience including staff service on the House Rules Committee (1978-
1980), the most powerful committee in Congress. Ms. Campbell also served as a staff member to the
Senate Committee on Energy and Natural Resources (1980-1989) and the Senate Committee on the
Judiciary (1968-1970). Subsequently, Ms. Campbell managed some of Washington's top law firms
(1981-1987). She also managed (1988-1990) the Washington office of Ferranti International of the
United Kingdom, one of the world's leading defense contractors.
Victor J. Tambone
Vic graduated from the U.S. Air Force Academy in 1969 with a degree in Aeronautical Engineering
and in 1978 earned an advanced degree in International Politics. He served twenty-four years, 1969
to 1994, with the Air Force as a pilot and staff officer and retired at the rank of colonel. His political
expertise was gained in the Office of the Secretary of the Air Force for Legislative Liaison from 1976
to 1980, as an Advance Agent for Presidents Carter and Reagan (1979 - 1981), as a military aide to
former Secretary of State Henry A. Kissinger (1981) and as Chief of Staff for the 1992 Armed Forces
Inaugural Committee. Mr. Tambone was also Chief Operating Officer for the Korean War Veterans
Memorial Dedication Group (1995) and Vice President of The Capitol Informer Company (1995 -
1997) prior to joining David Turch and Associates.
Kevin Bosch
Kevin joined David Turch and Associates in 1993. He is in charge oflegislative issue research. He
monitors the activities of Congressional committees and agencies of the Executive Branch. Mr.
Bosch received a B.A. degree in Political Science from Calvin College in 1988 and a Master's
Degree in Comparative Politics from the American University, Washington, D.C. in 1990. Mr.
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Bosch provides this firm with a solid business perspective from his work as manager (1988 to 1993)
of Georgetown Pipe and Tobacco, an internationally renowned firm.
Henry T. Gallagher
Henry is a 1971 graduate of Georgetown University Law School. He has practiced law in
Washington for more than twenty years. He worked in the enforcement division of the U.S.
Securities and Exchange Commission from 1973 to 1978. He served as Director of Consumer and
Regulatory Affairs (1982-1986) for the government relations department of the National Association
of Realtors in Washington, D.C. Mr. Gallagher also was a civilian advisor with the U.S. Agency for
International Development in Vietnam from 1966 to 1968.
Joseph W. McLean
Joe has served (1982-1985) on the staff of Chairman Ed Jones (D-TN), and also with the Clerk of the
House of Representatives (1976-1982). Following his service in the House, Mr. McLean managed
political campaigns (1985-1995) throughout the country. These campaigns included four governors'
races, including the historic campaign of Virginia Governor Doug Wilder (the first elected African-
American governor in America). He also managed numerous statewide races and congressional
contests. Members of Congress frequently seek his advice for their reelection and fund raising
activities. He has a wealth of political contacts, including a very close association with the White
House.
(b) References
The following references are provided on behalf of David Turch and Associates as a complete entity.
We perform as a unit. These references are people who have seen each of us work together as a team
and will attest to our collective integrity and effectiveness. We offer these references because they
are uniquely involved with issues of great interest to you. We encourage you to call these references.
The Honorable Ronald H. Roberts, Councilman
City of Temecula
Post Office Box 9033
Temecula, California 92589-9033
Telephone: (909) 694-6444
Councilman Roberts is the former Mayor of The City of Temecula. He also served as Chairman, City
of Temecula Traffic and Transportation Commission and the Western Riverside Council of
Governments Executive Committee. He is a member of the League of California Cities Public Safety
Committee, National League of Cities Transportation and Communications Committee, the Board of
Directors of Southern California Regional Rail Authority, Southern California Association of
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Governments Regional Council, Riverside County Transportation Cornmission and Temecula Valley
Economic Development Corporation. The former Mayor is retired from the California Highway
Patrol and was recognized as the 1990 Temecula Valley Peace Officer of the Year.
The Honorable John Longville, California Legislature
Assemblymember, 62nd District
Chair, Local Government Committee
State Capitol
Sacramento, California 95814
Telephone: (916) 319-2062
201 North E Street, Suite 205
San Bernardino, California 92401
Telephone: (909) 388-1413
Assemblyman LongviIle is the former Mayor of Rialto, California. He was a member of the Board of
Directors of the San Bernardino Associated Governments and past president of the Southern
California Association of Governments. He served on the Board of Directors of the Southern
California Regional Rail Authority (Metrolink) as well as Omnitrans, an award winning Southern
California transit company. Formerly, he served as assistant to the Honorable George E. Brown, Jr.,
U.S. House of Representatives, Ranking Member, Committee on Science.
The Honorable Jerry Eaves, Supervisor
San Bernardino County, California
County Government Center
385 North Arrowhead Avenue
San Bernardino, California 92415
Telephone: (909) 387-4565
Supervisor Eaves represents the Fifth District of the largest county in the contiguous United States.
A former State Assemblyman, he is a key member of the San Bernardino International Airport
Authority (formerly Norton Air Force Base). An important and active political presence in Southern
California, he also serves on the Boards of Omnitrans, Inland Valley Development Agency and San
Bernardino Associated Governments (president).
3 - GRANTS
Our work with grant proposals is intertwined with Major Planning Studies and Transportation
Improvement Plans. We assist clients in submitting funding proposals to the FTA, FRA, FAA and
FHWA. We have daily contact with officials in each of the DOT agencies, and we have a thorough
understanding of the grant application process in each.
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We also obtain funding from varied agencies for our clients, for example, DOJ, HUD, EPA and
Energy. Less experienced firms overlook these grant possibilities completely. We have found them
to be significant sources of funding for our clients. We also understand that the process can vary
greatly between the various federal agencies.
We know about new program initiatives before they are enacted. We are in constant communication
with appropriate Members of Congress, their staffs and Executive Branch agency officials. Because
of our close cooperation with committee staffs, we know what grant programs are going to be
eliminated, modified or expanded before some Members of Congress.
The key factor in our success with grant applications is active participation in planning our client's
initiatives from the beginning. Our grant applications succeed.
Full Fundiml Grant Af!reements
Full Funding Grant Agreements must have strong congressional support as well as backing within the
particular agency. We build that support from inception to completion.
First, we help our clients produce a sound plan. Second, we win support in Washington for the plan,
so time and money are not wasted. Third, we ensure the agreement is shielded from possible
rescissions in the out-years after enactment.
All but the most ironclad agreements with the federal govemment can be dissolved if an entity
becomes complacent. As your liaison in Washington, we are your watchdog and guardian.
4 - SUCCESSES
David Turch and Associates currently works with the City of Saint Cloud, Minnesota, the County of
San Bernardino and the cities of Rialto, Temecula and Monrovia in California. We have been
retained by three of the five Los Angeles metropolitan area county transportation commissions:
Ventura County Transportation Commission (VCTC); Riverside County Transportation Commission
(ReTC) and the San Bernardino Associated Governments (SANBAG). The Southern California
Regional Rail Authority (SCRRA) and the El Dorado County Transportation Commission are also
our clients.
The needs and requirements of these entities are comprehensive and are similar to those of the City of
San Bernardino. David Turch and Associates works with all government agencies to ensure success
for our clients.
Flood Control
David Turch and Associates understand the importance water plays in the economic fabric of
California. Some of the successes we achieved in the FY99 Energy and Water Development
Appropriation Bill are:
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. We secured $44 million for the construction of the dam on the Santa Ana River Mainstem.
. Our firm help secure a $781,000 loan for the San Sevaine Creek Water Project.
. David Turch and Associates also obtained $100,000 for the Wilson Creek and Lytle Creek
Confluence Area Study as well as $100,000 for the Upper Santa Ana Study.
Deoartment ofTransoortation
We have worked with the Department of Transportation since our inception. We have the intimate
knowledge of the inner-workings of DOT that comes from years of experience dealing in major
transportation issues. We have contact with DOT officials on a daily basis. DOT officials from the
top down know who we are, and they respect the work we do for our clients.
Our close relationship with the Federal Railroad Administration (FRA) has been developed over
many years. This includes not only formal contact with the Administrator, but more casual
relationships with the staff. This combination enables us to better serve our clients by gaining access
to people and information. Our direct and early involvement in high speed train and rail safety
policies is an example of our strong ties.
David Turch and Associates worked closely with The Federal Transit Administration (FTA) Office of
Budget and Policy and Office of Grants Management to successfully defend one of our clients from
the rescissions proposed by the House of Representatives. Weare currently working with the FT A to
obtain money for a rail extension in Southern California and new equipment for rail service. In this
new congressional climate, successful defense of a project is as important as obtaining new funds.
Our firm also possesses a strong relationship with the Federal Aviation Administration (FAA).
Several of the firm's principals are pilots, and two of our current clients operate major airports. This
relationship has given us a full understanding of the important implications of TEA21 as it relates to
intermodalism.
None of the administrations within DOT operates in a vacuum. To understand and successfully work
with FRA or FT A, it is essential to also understand the priorities of the FAA and Federal Highway
Administration (FHW A). We work with every administration within DOT to ensure our clients reap
every benefit available in Washington. We win.
. David Turch and Associates got more than $100 million for the Inland Empire for highway
interchanges, High Occupancy Vehicle (HOY) lanes, lane additions, overpasses, rail station
restorations and road resurfacing.
. David Turch and Associates secured $2 million for the construction of a transit facility and the
acquisition of new buses.
. We obtained a $1.1 million FY 1998 appropriation for a new intermodal depot facility.
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. The San Bernardino International Airport Authority received $4.5 million in FY 1997, $2.1
million in FY 1998 and $3.6 million in FY 1999 under the Military Airport Program.
. David Turch and Associates secured the appropriation and release of $20 million to the Los
Angeles/San Diego transportation corridor for grade crossing separations. We worked with
Congress and the Federal Transit Administration to make this happen.
. One million dollars was appropriated to SCRRA in FY 1998 for natural gas retrofit of
locomotive engines. This was the first time federal funds were specifically appropriated for
SCRRA. We accomplished this through the Transportation Appropriations legislation and by
working with Congressman Jerry Lewis, a subcommittee chairman of the Appropriations
Committee
. Railroad safety user fees were not extended. David Turch and Associates arranged for
SCRRA's officers to testify before the House Committee on Transportation and Infrastructure
against the proposed extension of railroad safety user fees. Working with the House
Subcommittee on Railroads and the American Public Transit Association we were successful for
our client.
. We obtained $3.5 million for Metrolink track extension, station construction and tunnel repairs.
. David Turch and Associates attend the Federal Railroad Administration's (FRA) Railroad Safety
Advisory Committee (RSAC) meetings. We maintain contact with the Department of
Transportation as the FRA develops its safety rules. The development of regulations covering
braking systems, hours of service, communication systems and accident reporting requirements
are some of the issues we follow. The activities of the Surface Transportation Board (STH),
successor to the ICC, are monitored on a regular basis. In addition we receive information on all
decisions by the board.
Aflencies other than DOT
We are a full service government relations firm. We ensure our clients' concerns are addressed in
every relevant office in the federal government.
Our past service has included (though is by no means limited to) work with the Interstate Commerce
Commission, the Resolution Trust Corporation, the Department of Justice, the Department of the
Interior, the Environmental Protection Agency, the Department of Energy and the Department of
Defense. If there is money to be had in Washington, we will find it and we will get it for you.
. Our firm had $44.981 million appropriated for study, flood control and erosion mitigation of
three major water supply areas.
. We had $3.5 million appropriated this year for criminal detention centers and technology updates
for law enforcement. This is in addition to congressional support for grant money to place
probation officers in our client's county schools for at-risk youth.
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. David Turch and Associates obtained federal funds for county juvenile justice needs. We
aggressively worked to shape the juvenile justice bills moving through Congress. House and
Senate legislation now contain provisions that are favorable to our client.
. Our firm secured a $1.5 million grant from DOJ for a demonstration project of new technology
fmgerprint identification equipment. This multi-jurisdiction program supports Hennepin County,
Minnesota and San Bernardino County, California.
. We obtained a $15 million grant for an innovative program to attack urban housing blight on
an area wide basis instead of house by house.
. We secured a Department of Justice planning grant for a drug court. The court stresses
treatment over incarceration, saving thousands of dollars in prison costs.
. This firm acquired a $25,000 grant for the city's youth. The initial grant provided a mobile
recreation and monitoring team to move into at-risk neighborhoods. The funding provides for an
innovative after school, youth diversion program.
. David Turch and Associates obtained Federal Emergency Management Administration (FEMA)
and Department of Transportation (DOT) funds for the emergency extension of commuter rail
service following the 1994 Northridge, California earthquake.
. David Turch and Associates secured vans from the General Service Administration for the
transportation needs ofthe city's residents.
. We ensured a public benefit transfer of acreage to enable airport operations. We intervened
with the Office of the Secretary of Defense to increase the number of acres awarded to our client
as a public benefit transfer by the Air Force Base Disposal Agency from 941 acres to 1,357 acres.
. David Turch and Associates obtained $8.6 million for the San Bernardino International Airport
Authority. This money will spark development of a TecPark on the airport to provide economic
stability and educational benefits for the surrounding residents and business community.
. David Turch and Associates retained SCRRA's terminal access rights and capital equipment
purchase sales tax exemption. In 1995, Congress passed legislation abolishing the Interstate
Commerce Commission. Oversight of commuter rail was transferred to the newly created
Surface Transportation Board. We worked with congressional offices and successfully retained
SCRRA's privileges in the new law.
. We obtained solutions to shared rail line congestion through congressional support and Surface
Transportation Board (STB) direction. The Congress supported our client's position regarding
traffic problems resulting form the Union PacifIc(UP)-Southern PacifIc(SP) merger. The STB
responded by ordering our client and UP-SP to develop a solution and report to the STB.
. David Turch and Associates ensured $10 million for the seismic retrofit of university and county
buildings.
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. We worked through the federal, state and county goverrunents to fund a grant request of $360,000
for low to moderate income housing.
. Our firm acquired an ED! grant from Congress for $50,000 to construct a skate park for youth
activity.
. David Turch and Associates delivered $4.5 million from the Economic Development
Administration for road construction to access the airport terminal.
. Our company prevented the placement of an unlined low-level radioactive waste dump on
county property. President Clinton vetoed the FY 1997 budget reconciliation bill. One of his
reasons for vetoing the bill was the inclusion of language mandating the transfer of land from
DoD to the State of California for the development of this dump at Ward Valley.
. We delivered one-half million dollars in Economic Development Administration funds for the
development of a water delivery system to a new industrial park located at the city airport.
Local A{!encies
Our continuing representation of municipalities such as Rialto, Temecula, Saint Cloud, Moreno
Valley, Monrovia and San Bernardino County has given us valuable insight into issues on the local
level. We have formed close relationships with goverrunent officials, leaders of intergoverrunental
agencies and local business interests.
Some of our successes for Economic Development and Block Grants are:
. San Bernardino County Shack Attack
$500,000
. San Bernardino County Park
$500,000
. IVDAlSBIAA
$500,000
. San Bernardino County Running
Springs Downtown Revitalization
$250,000
We are also closely allied with Southern California Association of Goverrunents (SCAG). SCAG is
the largest intergoverrunental agency in America. It is the sole Metropolitan Planning Organization
for the Los Angeles basin, representing over 17 million people. If SCAG were a state, it would be
the fourth largest in the nation. Its portfolio includes every important multi-jurisdictional planning
issue in Southern California.
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5-FEES
David Turch and Associates is an established firm. Years of experience allow us to make sound
estimates concerning the scope and effort required to diligently pursue the goals of our clients. This
understanding translates into cost estimates that provide a solid value for you and a fair return to us.
We recommend a negotiated monthly retainer as the best method of payment for our services.
Monthly retainers are an agreed upon amount for which we will perform all of the activities
necessary to effectively represent your interests.
For you, a monthly retainer provides stability for planning and the elimination of the administrative
expense required to analyze bills. The cost to begin service of a new account is very high. Retainers
allow you to level those expenses over the life of the contract.
Monthly retainers allow us to assign as many people as necessary, for as much time and effort as may
be required, to achieve your objectives. We demand that members of this firm focus on the job to be
accomplished, not on dollars received. Monthly retainers are one way to maintain this high standard.
Our contracts specify that you are responsible for expenses incurred on your behalf. However, we
bill only for out-of-town travel and other large or extraordinary project expenses. You will never
receive a bill from us for usual and normal expenses such as copier costs, postage or messenger fees,
local transportation in the Washington, D.C. area, telephone, fax or long distance charges, secretarial
service or other usual administrative or office costs.
Close communication is an important part of our job and we do not want your employees to hesitate
to keep in close touch because of the expense.
Before incurring any extraordinary expenses we solicit your prior approval. We encourage you to
specify any other control over expenses you feel is appropriate.
There are no hidden costs in our contract.
Several times we have analyzed our billing procedures and in every case the negotiated retainer
amount was less than one half of what the hourly fees would have been.
Our suggested best estimate cost for the level of services we believe you will require is $3,750.00 per
month.
Although we believe a negotiated monthly retainer is your best option, we would be pleased to
provide our services on an hourly basis, should you desire. We enter into that arrangement whenever
clients find it in their own interest to do so. Like expenses, we prefer that you set parameters or
ceilings for the cost you might incur.
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID
TURCH AND ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO,
THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAN
BERNARDINO, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Executive Director of the Economic Development Agency of the
City of San Bernardino is hereby authorized and directed to execute on behalf of said Agency
11 an Agreement to jointly fund the consulting services of David Turch and Associates by and
12 between the City of San Bernardino, the Board of Water Commissioners of the City of San
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Bernardino and the Community Development Commission of the City of San Bernardino.
SECTION 2. The authorization to execute the above referenced agreement is
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
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ESTRADA
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RESOLUTION OF COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
TO JOINTLY FUND THE CONSULTING SERVICES OF DAVID TURCH AND
ASSOCIATES BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF SAN BERNARDINO, AND THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting thereof, held on
the _ day of . 1999, by the following vote, to wit:
Commission:
AYES
NAYS
ABSTAIN
ABSENT
LIEN
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SCHNETZ
SUAREZ
ANDERSON
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
1999.
Judith Valles, Chairperson
Community Development Commission of
the City of San Bernardino
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AGREEMENT TO JOINTLY FUND CONSULTING SERVICES
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19 NOW, THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS:
20 1. TERM OF CONTRACT. This Contract shall be for a period of one year,
21 commencing on the date first above shown, and terminating one year thereafter, unless
22 otherwise extended by both Parties. This Contract may be terminated by any Party giving
23 thirty (30) days written notice prior to the end of the term, to the other Parties.
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2. COMPENSATION AND METHOD OF PAYMENT. Compensation to David
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26 Turch and Associates is agreed to be Forty-five Thousand Dollars ($45,000) per year. Such
27 compensation shall be paid by the City according to the following schedule: Payment shall be
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This agreement is entered into this day of , 1999, by and
between the City of San Bernardino ("City"), and the Board of Water Commissioners of the
City of San Bernardino ("Water Department"), and the Community Development Commission
of the City of San Bernardino ("EON').
RECITALS
This agreement is made with reference to the following:
1. The parties have determined that it is advantageous to and in the best interest of the
Parties to engage a professional consultant for representation in Washington, D.C., for the
purposes of pursuing the obtaining of individual Federal grants; for monitoring and interpreting
Federal statutes and regulations affecting the Parties; and to serve as advocate for the Parties in
connection with all relevant Federal activities.
2. Pursuant to an informal understanding between the Parties, the City has retained the
firm of David Turch and Associates.
3. The Parties desire to share in the costs of said Consultant.
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made at the rate of Three Thousand Seven Hundred Fifty Dollars ($3,750) per month, and
reimbursement shall be made to the City by the remaining Parties, in arrears. The maximum
amount to be paid by any Party shal1 not exceed Fifteen Thousand Dollars, plus one-third of all
out-of-pocket expenses and costs, as described in this paragraph. David Turch and Associates
shall be reimbursed for out-of-pocket expenses and costs, including travel between the city of
San Bernardino and Washington, D.C., incurred on San Bernardino's behalf, up to a maximum
of $2,500 annually. David Turch and Associates shall bill San Bernardino monthly for such
expenses. The City of San Bernardino shall be responsible for payment of invoices upon
receipt, and shall be reimbursed one-third from the remaining Parties in arrears.
When specific projecf assignments are given by the Mayor of the City of San
Bernardino, the City Administrator, the General Manager of the Water Department or the
Executive Director of the Redevelopment Agency, which go beyond the scope of the regular
services of the Consultant, payment shall be wholly the responsibility of the Party making said
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assignments.
3. NOTICES. Notices given pursuant to this Agreement shall be in writing and
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To the City
City Administrator
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
To the Water Department
General Manager
City of San Bernardino
Municipal Water Department
P. O. Box 710
San Bernardino, CA 92402
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCll. OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL
REPRESENTATION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCll. OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement with David Turch and Associates
regarding Federal Representation Services, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as though fully set forth at length.
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rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
SECTION 2. The' authorization to execute the above referenced agreement IS
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of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCR. OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH DAVID TURCH AND ASSOCIATES FOR FEDERAL REPRESENTATION
SERVICES.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
,1999, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
AYES
ABSENT
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MCGINNIS
SUAREZ
ANDERSON
MILLER
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City Clerk
The foregoing resolution is hereby approved this
day of
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Approved as to
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1999.
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City t:: K
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PROFESSIONAL CONSULTING AGREEMENT
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This agreement is between the City of San Bernardino, California (San Bernardino) and
David Turch and Associates (DTA) of Washington, D.C. Hereinafter, the term "parties" shall
refer to both San Bernardino and DTA jointly. Whenever used in this document, the word
agreement means contract; further, the words "firm (a)" or "company (ies)" mean any business
entity, association, institution or government agency.
PURPOSE
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to, all reporting requirements imposed by law. All services provided by OTA will be on a non-
exclusive basis.
2. TERM OF CONTRACT.
This Contract shall be for a period of one year, commencing on the date first above
shown and terminating one year thereafter, unless otherwise extended by both Parties. This
contract may be terminated by any Party giving thirty (30) days written notice prior to the end
of the term, to other Parties.
3. COMPENSATION.
a. Ordinarv:
Compensation from San Bernardino to OTA is agreed to be Forty-five Thousand
Oollars ($45,000) per year. Such compensation shall be paid by the City according to
the following schedule:
a. For services delineated above, San Bernardino shall pay OTA $45,000 for the
term of the Agreement, payable in twelve (12) monthly installments of$3,750.
The fee for services will cover all basic expenses incurred in Washington D.C.
by the DT A on behalf of San Bernardino.
b. Upon prior written approval of the Mayor or hislher designee, San Bernardino
shall reimburse the DT A for such pre-approved travel expenses incurred in
attending meetings outside the Washington D.C. area.
c. San Bernardino will be billed on a monthly basis for out-of-pocket expenses and
costs incurred by OTA on its behalf, up to $2,500 annually, in the course of
providing services to San Bernardino pursuant to this Agreement. No other
expenditures made by OT A shall be reimbursed by San Bernardino without the
prior written approval of the Mayor or her designee. OTA agrees to bill San
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Bernardino monthly for such expenses, such billing to be mailed on or before
the fifth day of each calendar month.
CONFIDENTIALITY AND CONFLICT
DT A has an established policy regarding the confidentiality of their clients. This policy
extends to the information received regarding a specific project as well as information of a
more general nature concerning a client's activities. Therefore, DTA agrees as an extension of
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agents (including, without limitation, reasonable costs of defense and reasonable attorneys'
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22 fees) arising out of or related to City's performance of this agreement, except that such duty to
23 indemnify, defend and hold harmless shall not apply where injury to person or property is
24 caused by City's willful misconduct or negligence. City shall indemnify, defend and hold
25 harmless DTA, its officers, employees and agents (including, without limitation, reasonable
26 costs of defense and reasonable attorney's fees) arising out of or related to Consultant's
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performance of this Agreement, except that such duty to indemnify, defend and hold harmless
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the existing policy to hold confidential San Bernardino's affairs from the surrounding or
overlapping public jurisdictions as well as from other clients. DTA further agrees to treat any
and all information provided by San Bernardino for the purposes of this contract, as
confidential, unless otherwise directed by San Bernardino.
FAILURE TO ENFORCE
The failure of DT A or San Bernardino to insist upon strict performance of any of the
terms and conditions herein shall not be deemed a waiver of any rights or remedies that DT A or
San Bernardino may have and shall not be deemed a waiver of any subsequent breach or
default in the terms and conditions herein contained.
5.
INDEMNIFICATION
DT A shall indemnify, defend, and hold harmless the City, its officers, employees and
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shall not apply where injury to person or property is caused by Consultant's willful misconduct
or negligence. The costs, salary and expenses of the City Attorney and members ofhis office
in enforcing this Agreement on behalf of City shall be considered as "attorney's fees" for the
pwposes of this paragraph.
7. INSURANCE
While not restricting or limiting the foregoing, during the term of this agreement,
Consultant shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
Worker's Compensation coverage, and shall file copies of said policies with the City's Risk
Manager prior to undertaking any work under this Agreement. City shaH be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the City shall require the insurer to notify City of any change or
termination in the policy.
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This agreement supersedes any and all other agreements, either oral or in writing
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between the parties with respect to the subject matters herein. This contract may be modified
or amended at any time only by the mutual consent of the parties, and shall be effective only if
it is in writing and signed by all parties. Any modification or amendment to the contract shall
become a permanent part of this agreement. The agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall together constitute one
and the same instrument.
8 11. NOTICES
9 Any notice to be given pursuant to this Agreement shall be deposited with the United
10 Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
City Administrator's Office
300 North D Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE CONSULTANT:
David Turch and Associates
517 2nd Street, Northeast
Washington, D.C., 20002
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PROFESSIONAL CONSULTING AGBEEMENTWITH DAVID TURCB AND
ASSOCIATES
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10 CITY OF SAN BERNARDINO
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12 Judith Valles, Mayor
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IN. WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and
year set forth herein:
CONSULTANT
David Turch and Associates
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Date
15 ATTEST:
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Rachel Clark, City Clerk
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Approved as to form and content:
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?'--
es Penman, City Attorney
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1.999-311
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PROFESSIONAL CONSULTING AGREEMENT
This agreement is between the CitY of San Bernardino, California (San Bernardino) and
David Turch and Associates (DTA) of Washington, D.C. Hereinafter, the term "parties" shall
refer to both San Bernardino and DTA jointly. Whenever used in this document, the word
agreement means contract; further, the words "firm (a)" or "company (ies)" mean any business
entity, association, institution or government agency.
PURPOSE
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1999-311
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to, all reporting requirements imposed by law. All services provided by DTA will be on a non-
exclusive basis.
2. TERM OF CONTRACT.
This Contract shall be for a period of one year, commencing on the date first above
shown and terminating one year thereafter, unless otherwise extended by both Parties. This
contract may be terminated by any Party giving thirty (30) days written notice prior to the end
of the term, to other Parties.
3. COMPENSATION.
a Ordinarv:
Compensation from San Bernardino to DTA is agreed to be Forty-five Thousand
Dollars ($45,000) per year. Such compensation shall be paid by the City according to
the following schedule:
a. For services delineated above, San Bernardino shall pay DTA $45,000 for the
term of the Agreement, payable in twelve (12) monthly installments of$3,750.
The fee for services will cover all basic expenses incurred in Washington D.C.
by the DT A on behalf of San Bernardino.
b. Upon prior written approval of the Mayor or hislher designee, San Bernardino
shall reimburse the DT A for such pre-approved travel expenses incurred in
attending meetings outside the Washington D.C. area.
c. San Bernardino will be billed on a monthly basis for out-of-pocket expenses and
costs incurred by DTA on its behalf, up to $2,500 annually, in the course of
providing services to San Bernardino pursuant to this Agreement. No other
expenditures made by DTA shall be reimbursed by San Bernardino without the
prior written approval of the Mayor or her designee. DT A agrees to bill San
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1999-31.1
Bernardino monthly for such expenses, such billing to be mailed on or before
the fifth day of each calenllar month.
CONFIDENTIALITY AND CONFLICT
DT A has an established policy regarding the confidentiality of their clients. This policy
extends to the information received regarding a specific project as well as information of a
more general nature concerning a client's activities. Therefore, DTA agrees as an extension of
the existing policy to hold confidential San Bernardino's affairs from the surrounding or
overlapping public jurisdictions as well as from other clients. DT A further agrc::es to treat any
and all information provided by San Bemardino for the purposes of this contract, as
confidential, unless otherwise directed by San Bernardino.
5.
FAILURE TO ENFORCE
The failure of DT A or San Bemardino to insist upon strict performance of any of the
terms and conditions herein shall not be deemed a waiver of any rights or remedies that DT A or
San Bemardino may have and shall not be deemed a waiver of any subsequent breach or
default in the terms and conditions herein contained.
INDEMNIFICATION
DTA shall indemnifY, defend, and hold harmless the City, its officers, employees and
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~999-311
shall not apply where injury to person or property is caused by Consultant's willful misconduct
or negligence. The costs, salary and expenses of the City Attorney and members of his office
in enforcing this Agreement on behalf of City shall be considered as "attorney's fees" for the
purposes of this paragraph.
7. INSURANCE
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16 8. NON DISCRlMlNATION
17 In the performance of this Agreement, and in the hiring and recruitment of employees,
18 DTA shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
19 ethnic background or country of origin.
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22 San Bernardino shall perform work tasks provided by this Agreement but for all intents
23 and purposes, DTA shall be an independent contractor and not an agent or employee of San
24 Bernardino.
25 10. 'ENTIRE AGREEMENT
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While not restricting or limiting the foregoing, during the term of this agreement,
Consultant shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limi~ and statutory
Worker's Compensation coverage, and shall file copies of said policies with the City's Risk
Manager prior to undertaking any work under this Agreement. City shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the City shall require the insurer to notify City. of any change or
termination in the policy.
9.
NO EMPLOYMENT
This agreement supersedes any and all other agreements, either oral or in writing
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1999-311
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between the parties with respect to the subject matters herein. This contract may be modified
or amended at any time only by the mutu3.J. consent of the parties, and shall be effective only if
it is in writing and signed by all parties. Any modification or amendment to the contract shall
become a permanent part of this agreement. The agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall together constitute one
and the same instrument.
8 11. NOTICES
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16 TO THE CONSULTANT:
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Any notice to be given pursuant to this Agreement shall be deposited ,with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Administrator's Office
300 North D Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
David Turch and Associates
517 2nd Street, Northeast
Washington, D.C., 20002
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1999-311
PROFESSIONAL CONSULTING AGREEMENT WITH DAVID TURCH AND
ASSOCIATES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and
year set forth herein:
CONSULTANT
David Turch and Associates
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15 ATTEST:
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Approved as to form and content:
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es Penman, City Attorney
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Date
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ERN ARDIN 0 300 NORTH "0" STREET, SAN BERNAROINO. CALIFORNIA 92418
RACHEL
C L ARK
C1TY CLERK
December 9, 1999
Mr. David Turch
David Turch and Associates
517 - 2nd Street, Northeast
Washington, D. C. 20002
Mr. Turch:
At the Mayor and Common Council meeting of December 6, 1999, the City of San
Bernardino adopted Resolution 1999-311 - Resolution authorizing an agreement with
David Turch and Associates for federal representation services. .
Enclosed is one (1) original agreement. Please sign in the appropriate location and return
the original agreement to the City Clerk's Office, Attn: Melanie Miller, P. O. Box 1318,
San Bernardino, CA 92418 as soon as possible.
Please retain a copy of the executed agreement for your jiles.
Please be advised that the documents are null and void ifnotfully executed and
returned to this office within sixty (60) days - February 4, 2000.
If you have any questions, please do not hesitate to contact me at (909) 384-5002.
Sincerely,
Melanie Miller
Senior Secretary
P. o. BOX 1318, SAN BERNARDINO. CA. 12402
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300 NORTH 0' STReET. SAN BERNARDINO.
CALIFORNIA 92418-0001 (.0.)3....5002
(.01)314.5102 FAX-(tO.)3.4.5'5.
TDD/TYY -(10')38".5540