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HomeMy WebLinkAboutItem 22 - State Legislative Advocacy Services City Manager Office www.santa-ana.org/cm Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 1, 2022 TOPIC: State Legislative Advocacy Services AGENDA TITLE: Approve Agreement with Townsend Public Affairs for State Legislative Advocacy Services RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Townsend Public Affairs for State legislative advocacy services for a three-year term, from March 1, 2022 through February 28, 2025, with an option to extend the term for an additional one-year period, for a four-year not-to-exceed amount of $252,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Local governments rely on the expertise of state legislative advocacy firms to represent their respective government agencies in Sacramento. This service includes legislative monitoring and analysis, state budget advocacy, and grant coordination, and advocacy. These firms also provide monitoring of executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Legislative advocacy services are also essential in identifying funding opportunities, grant applications and other special programs for which the City may qualify. Competitive Request for Qualifications Process On February 2, 2021, City staff released a Request for Qualifications (RFQ) to solicit proposals for state legislative advocacy services (Exhibit 1). The RFQ provided an overview of the state legislative advocacy services the City desired, which included the following scope of services: 1.HELP SET LEGISLATIVE PRIORITIES: Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2.ADVOCATE ON THE CITY’S BEHALF: Advocate the City’s position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the State Legislative Advocacy Services March 1, 2022 Page 2 2 4 8 1 legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor’s staff. 3.LEGISLATIVE RESEARCH AND ANALYSIS: At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: a. State laws/regulations or proposed legislation b. Legislative hearings, reports and testimony c. State funding opportunities d. Reporting and data that may impact City operations 4.KEEP THE CITY UPDATED ON PERTINENT LEGISLATION: Provide updates on state legislation that affects the City’s legislative priorities. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. 5.RELATIONSHIP-BUILDING WITH THE STATE: Support a positive relationship with the Governor's office, State Legislature, Governor’s office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision- makers on pertinent City issues. 6.RELATIONSHIP-BUILDING WITH LOCAL AND REGIONAL PARTNERS ON STATEWIDE ISSUES: When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests. 7.PREPARE POSITION LETTERS AND DRAFT LEGISLATVE LANGUAGE: At the request of the City, assist with drafting position letters on legislation or language for City policy resolutions. 8.MONTHLY REPORTS: Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or accomplished on behalf of the City. 9.ANNUAL IN-PERSON MEETING REQUIRED: Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 10.FPPC FILINGS: Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. Staff notified 251 firms. The RFQ was also posted online at the City’s procurement website, PlanetBids. Four firms downloaded the RFQ, and three firms responded. These State Legislative Advocacy Services March 1, 2022 Page 3 2 4 8 1 firms were Edelstein Gilbert Robson & Smith and Jose A. Gonsalves & Son (a joint submittal), Townsend Public Affairs, and Buchalter. The evaluation of the proposals was not limited to price alone. Some of the criteria used in the assessment of the proposals included the following: Overall ability to provide the services based upon the responses to the RFQ Technical qualifications and experience of key members of the firm Experience with similarly sized governmental agencies in providing the types of services outlined in this RFQ Capability of handling all aspects of the engagement as defined as well as providing support and technical assistance Fees and charges related to the level of work proposed Below is a summary of the proposals received, along with their average annual cost for the proposed three-year term: Firm Location Average Annual Price Buchalter Sacramento, CA $108,000 Edelstein Gilbert Robson & Smith and Joe A. Gonsalves & Son Sacramento, CA $108,000 Townsend Public Affairs Sacramento, CA $62,000 A panel composed of staff from the City Manager’s Office reviewed the proposals. After considering both proposals, staff recommends that the City Council approve an agreement with TPA (Exhibit 2). This decision was based on their submittal’s responsiveness to the RFQ, the firm’s experience, the firm’s availability of their staff to discuss legislative matters with City Councilmembers and City staff as issues arise, and the overall satisfaction of the City utilizing this firm since 2004. It is important to note that Townsend Public Affairs has served the City of Santa Ana as the state legislative advocate for more than 22 years. During their tenure, TPA has demonstrated its commitment to advocating on the City’s behalf using the City’s legislative priorities, and helping secure over $79.4 million in funding for the City. The proposed agreement was presented to the Legislative Affairs Subcommittee at their February 17, 2022 meeting. The Legislative Affairs Subcommittee concurred with staff’s recommendation to present the proposed agreement to the City Council to recommend its approval. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. State Legislative Advocacy Services March 1, 2022 Page 4 2 4 8 1 FISCAL IMPACT Funds are available in Fiscal Year 2021-22 in the following accounts from March 1, 2022 through June 30, 2022: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601- 62300 $5,000 Police Department General Fund 01114400- 62300 $5,000 City Manager’s Office General Fund 01104012- 62300 $5,000 TOTAL:$15,000 Funds will be budgeted and available in Fiscal Year 2022-23 in the following accounts from July 1, 2022 through June 30, 2023: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601- 62300 $20,000 Police Department General Fund 01114400- 62300 $20,000 City Manager’s Office General Fund 01104012- 62300 $20,000 TOTAL:$60,000 Funds will be budgeted and available in Fiscal Year 2023-24 in the following accounts from July 1, 2023 through June 30, 2024: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601-62300 $20,500 Police Department General Fund 01114400-62300 $20,500 City Manager’s Office General Fund 01104012-62300 $20,500 TOTAL:$61,500 Funds will be budgeted and available in Fiscal Year 2024-25 in the following accounts from July 1, 2024 through June 30, 2025: Department Fund Account Townsend Public Affairs State Legislative Advocacy Services March 1, 2022 Page 5 2 4 8 1 Public Works Agency Fund 101 10117601-62300 $22,000 Police Department General Fund 01114400-62300 $22,000 City Manager’s Office General Fund 01104012-62300 $22,000 TOTAL:$66,000 Funds will be budgeted and available in Fiscal Year 2025-26 in the following accounts from July 1, 2025 through March 31, 2025: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601-62300 $16,500 Police Department General Fund 01114400-62300 $16,500 City Manager’s Office General Fund 01104012-62300 $16,500 TOTAL:$49,500 EXHIBIT(S) 1. Request for Qualifications for State Legislative Advocacy Services 2. Agreement Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager REQUEST FOR QUALIFICATIONS (RFQ) NO. 22-005 FOR STATE LEGISLATIVE ADVOCACY SERVICES CITY OF SANTA ANA CITY MANAGER’S OFFICE Daniel A. Soto Management Assistant, City Manager’s Office Phone: (714) 647-5234 Email: dsoto@santa-ana.org KEY RFQ DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Respondents. Issue Date: December 23, 2021 Deadline for Questions about RFQ: January 14, 2022 at 2:00 PM Statement of Qualifications Due Date: January 21, 2022, by 6:00 PM Review of Statement of qualifications: on or about January 24-28, 2022 Projected Award Date : on or about March 2022 CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 2 of 29 RFQ NO. 22-005 FOR LEGISLATIVE ADVOCACY SERVICES TABLE OF CONTENTS PAGE 1) BACKGROUND 3 2) PROJECT PURPOSE 3 3) SCOPE OF SERVICES 3 4) TERM OF AGREEMENT 3 5) RFQ SCHEDULE OF EVENTS 4 6) RESPONSE TO RFQ 4 7) SELECTION PROCEDURES & CRITERIA 8 8) WITHDRAWALS 9 9) PROTESTS 9 10) GENERAL TERMS AND CONDITIONS 9 11) AWARD OF AGREEMENT 14 12) IMPLEMENTATION 14 EXHIBIT A – SCOPE OF SERVICES 15 EXHIBIT B – SAMPLE AGREEMENT 17 ATTACHMENT A – REFERENCES 24 ATTACHMENT B – RESPONDENT’S STATEMENT 25 ATTACHMENT C – NON-COLLUSION AFFIDAVIT 26 ATTACHMENT D – NON-LOBBYING CERTIFICATION 27 ATTACHMENT E – NON-DISCRIMINATION CERTIFICATION 28 CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 3 of 29 I. BACKGROUND The City of Santa Ana is a 27-square mile, ethnically diverse city located 35 miles south of Los Angeles and roughly ten miles inland from the Pacific Ocean. With a total population of over 335,000, Santa Ana is Orange County’s second largest city and serves as the county seat. The City comprises more than 60 distinct neighborhoods. The Santa Ana Unified School District is the local school district that serves the majority of our community. Additionally, there are six neighboring school districts that serve portions of the City including Garden Grove, Tustin, Orange, Irvine, Newport-Mesa, and Huntington Beach Unified School Districts. Incorporated in 1886, Santa Ana has established itself as Orange County’s government powerbase and is colloquially known as Downtown Orange County. Santa Ana's centralized location places the City less than 30 minutes from most Southern California destinations, including four airports. Its density and transportation infrastructure enable residents and employees to embrace a sustainable lifestyle by commuting to work via bus, train, bicycle, or on foot. This convenience attracts a diverse population that appreciates Santa Ana's distinctive housing choices, energetic nightlife, and cultural amenities like the Artist’s Village, Discovery Cube Orange County, Heritage Museum of Orange County, the Santa Ana Zoo at Prentice Park, and more. Santa Ana has a large and diverse business base, with over 30,000 businesses who employ over 150,000 people. Santa Ana is the corporate headquarters of several large companies, including Behr Paint and First American Financial Corporation. In 2016, Standard and Poor’s assigned the City of Santa Ana an AA issuer credit rating. Although Santa Ana has proven to be resilient and adaptable, it is prudent that the City of Santa Ana continue to carefully leverage its legislative priorities for the purpose of advocacy efforts at the local, regional, state and federal level to assist with recovery efforts and to continue to improve service delivery. II. PROJECT PURPOSE The City of Santa Ana is seeking statements of qualifications from qualified firms to provide state legislative advocacy services. The firm works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principal responsibility of the firm will be to provide state legislative advocacy services on the City’s behalf and achieve positive outcomes as outlined in the Scope of Services below. III. SCOPE OF SERVICES The services are fully described in Exhibit A, Scope of Services, which is attached hereto and incorporated herein. IV. TERM OF AGREEMENT The term of the agreement is three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for up to one (1) additional three-year term, contingent upon direction of the City Manager. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 4 of 29 V. RFQ SCHEDULE OF EVENTS The schedule below is tentative and subject to change at discretion of City, with appropriate notice to prospective Respondents. Issue Date: December 22, 2021 Deadline for Questions about RFQ: January 10, 2022 at 2:00 PM Statement of qualifications Due Date: January 21, 2022, by 6:00 PM Review of Statement of qualifications: on or about January 24-28, 2022 Projected Award Date : on or about March 2022 VI. RESPONSE TO RFQ A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Respondent to ensure that any statements of qualifications submitted have been uploaded to PlanetBids prior to the statement of qualifications due date and time. Statements of qualifications, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late bids and no exceptions shall be made. Respondents will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their statement of qualifications was submitted successfully. The City will only receive and consider those statements of qualifications that were transmitted successfully. Submit statement of qualifications online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Respondent shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Respondent to successfully submit an electronic statement of qualifications shall be at the Respondent’s sole risk and no relief will be given for late and/or improperly submitted statements of qualifications. Respondents experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City’s assigned Project Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Statements of qualifications shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Respondents shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive statement of qualification. B. COMMUNICATION / CONTACT WITH CITY STAFF CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 5 of 29 Unless otherwise authorized herein, Respondents who are considering submitting a statement of qualifications in response to this RFQ, or who submit a statement of qualifications in response to this RFQ, are only to communicate with the assigned Project Manager, and no other City staff about this RFQ from the date this RFQ is issued until a contract is awarded. The City will provide all official communication concerning this RFQ in writing via the City’s Bid Management System, PlanetBids. General questions regarding this RFQ may be directed to the City's assigned Buyer utilizing the City's PlanetBids system. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager. C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFQ shall be submitted via PlanetBids by 6:00 PM on January 14, 2022. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFQ dates above. All prospective Respondents are advised to visit PlanetBids on a regular basis as the responses may be posted earlier than the date above. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFQ. D. ADDENDA Any changes in RFQ from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system: https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Respondents shall be responsible for monitoring the site to obtain information regarding this solicitation. E. UNDERSTANDING STATEMENT OF QUALIFICATION It is the responsibility of each Respondent to inquire about any criteria, condition, term, provision, or requirement of the RFQ that the Respondent does not understand. Responses to inquiries, if they significantly change or clarify the RFQ requirements or any aspect of the procurement process, will be forwarded by addenda to all Respondents. The City will not be bound by any oral responses to inquiries. By submitting statements of qualifications, Respondents assert that they have fully read the RFQ and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Respondent. Each Respondent accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noted in each Respondent’s statement of qualification. Please direct all questions regarding the procurement process to: CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 6 of 29 City of Santa Ana Finance & Management Services – Purchasing Division Eva Pierce, Buyer Email: epierce@santa-ana.org Phone: (714) 647-6584 F. STATEMENT OF QUALIFICATIONSCONTENTS Statements of qualifications are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFQ. Colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content. Dividers and clear organization of content and material are encouraged. 1. Cover Letter Statements of qualifications shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following: Daniel A. Soto, Management Assistant City of Santa Ana – City Manager’s Office 20 Civic Center Plaza Santa Ana, CA 92701 2. Agreement Statement Statement of qualifications shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Standard Agreement attached as as Exhibit A of this RFQ. 3. Firm and Team Experience Statement of qualifications shall include a profile of the firm’s experience including the following: i. A general description of the firm, including size, number of employees, number of credentialed actuaries with their affiliations, and any past or contemplated changes in ownership. ii. Name and contact information of the lead project manager to be assigned to the engagement. iii. Resumes for the professional staff assigned to the engagement. iv. A description of the firm's experience in providing similar services to those requested in this RFQ. v. A list of the local office's most significant engagements in the last five (5) years, indicating whether they are public or private sector, and including scope of work, date, supervising actuaries, and name and telephone number of the client contact. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 7 of 29 4. Cost Proposal All Respondents are required to submit a cost breakdown by contract year (including renewal option term if exercised); including estimated hours, hourly rates, expenses, and a total not-to-exceed cost with their statement of qualifications. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Statements of qualifications shall be valid for a minimum of ninety (90) days following statement of qualifications deadline. The cost for developing the statement of qualifications is the sole responsibility of the Respondent. All statements of qualifications submitted become the property of the City. The proposed fees and rates for this contract will be fixed for the duration of the agreement, including allowable renewal options exercised at the discretion of the City. 5. Certifications (ATTACHMENTS) The following forms, included in this RFQ, shall be signed and included as part of the statement of qualifications submittal package: • Attachment A: References • Attachment B: Respondent’s Statement • Attachment C: Non-Collusion Affidavit • Attachment D: Non-Lobbying Certification • Attachment E: Non-Discrimination Certification 6. References Contractor shall provide three (3) references from public agency customers for which similar services specified in this RFQ have been performed, including contact names and telephone numbers, and types of services your firm has provided. Use Attachment A – References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Respondent if: • References fail to substantiate Respondent’s description of services and deliverables provided; or • References fail to support that Respondent has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Respondent’s responsibility to inform the point of contact(s) of normal City working hours. 7. Information provided by the City is solely for the purpose of conducting evalutions and shall not be disclosed to any third party without the City's written permission. 8. Evidence of Financial Capacity Respondent may be requested to submit its most recent audited financial statement, evidencing Respondent’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 8 of 29 period. If said financial statement does not reflect full ninety (90) day operational capacity, Respondent may include a letter of credit as evidence of supplemental capacity. 9. Insurance The selected Respondent shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Subcontractors must comply with the City’s insurance requirements as stated herein. Primary Contractor shall not allow any Subcontractor to commence work until all insurance required of Subcontractor is obtained. Additionally, Contractor shall provide the following insurance coverage: A warrant that the firm maintains a prudent amount of errors and omissions insurance that covers negligent acts and is applicable to the work requested in this RFQ. Work on the contract shall not begin until after the awarded Contractor has submitted acceptable evidence of the required insurance coverages. VII. SELECTION PROCEDURES & CRITERIA A. The City will establish a statement of qualifications review committee, consisting of City staff designated by the City Manager. The review committee will evaluate statements of qualifications based on the response to the RFQ, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. B. Respondents will be ranked by City staff based on the following criteria: • Overall ability to provide the services based upon the responses to the RFQ (25%) • Technical qualifications and experience of key members of the firm (15%) • Experience with similarly sized governmental agencies in providing the types of services outlined in this RFQ (20%) • Capability of handling all aspects of the engagement as defined as well as providing support and technical assistance (15%) • Fees and charges related to the level of work proposed (25%) C. A final score will be calculated for each submitted statement of qualifications and used to rank Respondents. The City is under no obligation to accept any statement of qualifications and reserves the right to negotiate with respondents as to fees and terms. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 9 of 29 The City may reject statements of qualifications at its sole discretion. If a statement of qualifications fails to satisfy any requirements outlined in this RFQ, it may be considered non-responsive and the statement of qualifications may be rejected. The City shall not be obligated to accept the lowest priced statement of qualification, but will make an award in the best interests of the City of Santa Ana after all factors have been evaluated. City staff will recommend the top ranked consulting firm to the City Manager or City Council for award of contract. VIII. WITHDRAWALS Respondents are responsible for verifying all prices and information before submitting a statement of qualification. Prior to the statement of qualifications due date, the Respondent or Respondent’s representative may withdraw the statement of qualifications by providing written notice of the statement of qualifications withdrawal to the Project Manager. Verbal or telephonic withdrawals are not permissible. IX. PROTESTS Respondents may file a “protest” to an RFQ with the City’s Purchasing Division. In order for a Bidder’s protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFQ issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City’s website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. X. GENERAL TERMS AND CONDITIONS By submitting a statement of qualification, the Respondent acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFQ as described below: CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 10 of 29 A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFQ, shall be subject to the provisions of this paragraph. B. CITY RIGHT TO REJECT The City reserves the right to reject any or all statements of qualifications submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFQ or otherwise. The City reserves the right to accept or reject the combined or separate components of this statement of qualifications in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the statement of qualification. C. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Respondent must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFQ. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Respondent on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. D. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Respondents prior to entering into a formal contract. Costs of developing a response to this RFQ, are entirely the responsibility of the Respondent, and shall not be reimbursed in any manner by the City. Pre-contractual expenses are not to be included in the cost statement of qualification. Pre-contractual expenses include, but are not limited to, preparation of the statement of qualification, submission of the statement of qualifications and additional information, attendance at pre-statement of qualifications conference, negotiating any matter related to this RFQ with City, and/or any other expenses incurred by the Respondent prior to the date of award and execution, if any, of the contract. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 11 of 29 Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. E. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s statement of qualificationsshall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. Criminal Background Certification: Contractor certifies that all employees working on this contract have had a criminal background check at Contractor’s cost and that said employees are clear of any sexual and drug-related convictions. Contractor further certifies that all employees hired by Contractor or Subcontractor shall be free from any felony convictions. City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. F. COST The price and amount of the Cost Proposal/Fee Schedule must have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other Subcontractor, Respondent or prospective Respondent. Prices offered by Respondents in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFQ. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. G. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFQ will become property of the City. All responses to the RFQ shall CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 12 of 29 become property of the City. Respondent information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. H. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. I. EXAMINATION Respondent represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFQ and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFQ are fully incorporated. Any irregularities or lack of clarity in the RFQ should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Respondents. Statements of qualifications which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. J. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Respondent will enter into an Agreement similar to that as shown in Exhibit A in the Appendix of this RFQ. If a Respondent is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFQ, the City reserves the right to select the next most qualified Respondent or call for new statements of qualifications, whichever the City deems most appropriate. K. JOINT OFFERS/SUBCONSULTANTS Where two or more Respondents desire to submit a single statement of qualifications in response to this RFQ, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Respondent shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Respondent. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFQ and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. L. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 13 of 29 employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. M. LITIGATION STATUS Each Respondent must include in its statement of qualifications a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any statement of qualification. The City reserves the right to reject any statement of qualifications based upon the Respondent’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. N. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Respondent selected. The contract between the parties will consist of the RFQ together with any modifications thereto, and the awarded Contractor’s statement of qualification, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFQ, any modifications and clarifications to the awarded Contractor’s statement of qualification, and the awarded Contractor’s statement of qualification. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFQ. O. PROJECT MANAGER The selected Respondent will assume responsibility for all services in its statement of qualification. The selected Respondent shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. P. STATEMENT OF QUALIFICATION SVALIDITY Services, pricing, and warranties indicated in a Respondent’s statement of qualifications must be valid for a period of 90 days at minimum after the submission of the statement of qualification. Q. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 14 of 29 R. PUBLIC RECORDS Statements of qualifications will become public record after the award of a contract unless the statement of qualifications or specific parts of the statement of qualifications can be shown to be exempt by law. Each Respondent may clearly label all or part of a statement of qualifications as "CONFIDENTIAL" provided that the Respondent thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Respondent information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. S. SUBCONTRACTORS Statements of qualifications in response to this RFQ must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the statement of qualifications submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFQ, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XI. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as Exhibit A of this RFQ. “Respondent” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XII. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Contractor and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 15 of 29 I. DESCRIPTION The City of Santa Ana is seeking statements of qualifications from a qualified firm to provide legislative advocacy services. The firm works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principle responsibility of the firm will be to provide legislative advocacy services to augment the City’s existing relationships with federal legislators and policy administrators. II. SCOPE OF SERVICES 1. HELP SET LEGISLATIVE PRIORITIES: Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. ADVOCATE ON THE CITY’S BEHALF: Advocate the City’s position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor’s staff. 3. LEGISLATIVE RESEARCH AND ANALYSIS: At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: a. State laws/regulations or proposed legislation b. Legislative hearings, reports and testimony c. State funding opportunities d. Reporting and data that may impact City operations 4. KEEP THE CITY UPDATED ON PERTINENT LEGISLATION: Provide updates on state legislation that affects the City’s legislative priorities. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. 5. RELATIONSHIP-BUILDING WITH THE STATE: Support a positive relationship with the Governor's office, State Legislature, Governor’s office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision-makers on pertinent City issues. 6. RELATIONSHIP-BUILDING WITH LOCAL AND REGIONAL PARTNERS ON STATEWIDE ISSUES: When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests. 7. PREPARE POSITION LETTERS AND DRAFT LEGISLATVE LANGUAGE: At the request of the City, assist with drafting position letters on legislation or language for City policy resolutions. 8. MONTHLY REPORTS: Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 16 of 29 accomplished on behalf of the City. 9. ANNUAL IN-PERSON MEETING REQUIRED: Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 10. FPPC FILINGS: Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 17 of 29 THIS AGREEMENT is made and entered into on this day of , 2022 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On December 23, 2021, the City issued Request for Statement of qualificationsNo. 22-005, by which it sought statement of qualifications from qualified firms to provide _________________________ in accordance with B. Consultant submitted a responsive statement of qualificationsthat was selected by the City. Consultant represents that Consultant is able and willing to provide such services described in the scope of services that was included in RFQ No. 22-005 C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as collectively describe in Exhibit A, the scope of services that was included in RFQ No. 20-005, and Exhibit B, Consultant’s statement of qualificationsdated ______, 2020, both of which are attached and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $________ during the intial term of this Agreement. This amount is comprised of (1) the sum of $________ and (2) a 10% contingency of up to $______ for services as may be performed by Consultant at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] and terminate on ________, unless terminated earlier in accordance with Section 14 below. The term of this Agreement may EXHIBIT B SAMPLE AGREEMENT CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 18 of 29 be extended for two additional (2) one-year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 19 of 29 c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 20 of 29 Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 21 of 29 Daniel Soto Management Assistant City Manager’s Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 City Attorney’s Office City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION First & Last Name Title Consultant Firm Name Address City, State, Zip CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 22 of 29 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product b. shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. c. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 23 of 29 Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance & Management Services Agency SAMPLE ONLY (name) (title) Tax ID# CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 24 of 29 List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the statement of qualificationsspecifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________ ________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided: ________________________________________________________________________________________ Reference Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________ ________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided: ________________________________________________________________________________________ Reference Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________ ________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided: ________________________________________________________________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATION. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A REFERENCES CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 25 of 29 Respondent understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Respondent and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Respondent or deposited with the United States Postal Service properly addressed to the Respondent with the correct postage affixed thereto. Respondent further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or Respondent’s bond substituted in lieu thereof accompanying this statement of qualificationsshall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Respondent’s bond substituted in lieu thereof shall be returned to the undersigned. Respondent understands that a statement of qualificationsis required for the entire work, that the estimated quantities set forth in the RFQ schedule are solely for the purpose of comparing statement of qualifications, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFQ. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date _______________________________________________________________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATION. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B RESPONDENT’S STATEMENT CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 26 of 29 (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the Respondent declares that the statement of qualificationsis not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the statement of qualificationsis genuine and not collusive or sham; that the Respondent has not directly or indirectly induced or solicited any other Respondent to put in a false or sham statement of qualification, and has not directly or indirectly colluded, conspired, connived or agreed with any Respondent or anyone else to put in a sham statement of qualification, or that anyone shall refrain from bidding; that the Respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the statement of qualificationsprice of the Respondent or any Respondent, or to fix any overhead, profit, or cost element of the statement of qualificationsprice, or of that of any other Respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the statement of qualificationsare true; and, further, that the Respondent has not, directly or indirectly, submitted his or her statement of qualificationsprice or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham statement of qualification. Note: The above noncollusion affidavit is part of the statement of qualification. Signing this statement of qualificationson the signature portion thereof shall also constitute signature of this noncollusion affidavit. Respondents are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of California, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATION. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C NON-COLLUSION AFFIDAVIT CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 27 of 29 The prospective participant certifies, by signing and submitting this bid or statement of qualification, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or statement of qualificationsthat he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATION. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-LOBBYING CERTIFICATION CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 28 of 29 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. ATTACHMENT E NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services Page 29 of 29 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATION. STATEMENT OF QUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 1 of 8 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR STATE LEGISLATION ADVOCACY SERVICES THIS AGREEMENT is made and entered into this 1st day of March, 2022, by and between Townsend Public Affairs, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On December 23, 2021, the City issued Request for Qualifications No. 22-005, by which it sought proposals from qualified firms to provide state legislative advocacy services on the City’s behalf. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 22-005. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFQ No. 22-005, which is attached as Exhibit A, and as further delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B for Contract Years 1 through 4. The total annual sum to be expended shall not exceed $60,000 for Contract Years 1 and 2 and $66,000 for Contract Years 3 and 4 (year 4 only if Agreement is extended pursuant to Section 3 below). b. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 2 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on February 28, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 3 of 8 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker’s Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 4 of 8 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 5 of 8 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 925 L Street, Suite 1404 Sacramento, CA 95814 Page 6 of 8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Page 7 of 8 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ________________________ _________________________ Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM TOWNSEND PUBLIC AFFAIRS SONIA R. CARVALHO City Attorney By: _____________________ ____________________________ John M. Funk Name: Sr. Assistant City Attorney Title: CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services I.DESCRIPTION The City of Santa Ana is seeking statements of qualifications from a qualified firm to provide legislative advocacy services. The firm works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principle responsibility of the firm will be to provide legislative advocacy services to augment the City’s existing relationships with federal legislators and policy administrators. II.SCOPE OF SERVICES 1.HELP SET LEGISLATIVE PRIORITIES: Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2.ADVOCATE ON THE CITY’S BEHALF: Advocate the City’s position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor’s staff. 3.LEGISLATIVE RESEARCH AND ANALYSIS: At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: a.State laws/regulations or proposed legislation b.Legislative hearings, reports and testimony c.State funding opportunities d.Reporting and data that may impact City operations 4.KEEP THE CITY UPDATED ON PERTINENT LEGISLATION: Provide updates on state legislation that affects the City’s legislative priorities. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. 5.RELATIONSHIP-BUILDING WITH THE STATE: Support a positive relationship with the Governor's office, State Legislature, Governor’s office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key committees and other important policymakers. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision-makers on pertinent City issues. 6.RELATIONSHIP-BUILDING WITH LOCAL AND REGIONAL PARTNERS ON STATEWIDE ISSUES: When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests. 7.PREPARE POSITION LETTERS AND DRAFT LEGISLATVE LANGUAGE: At the request of the City, assist with drafting position letters on legislation or language for City policy resolutions. 8.MONTHLY REPORTS: Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or EXHIBIT A SCOPE OF SERVICES EXHIBIT A CITY OF SANTA ANA RFQ No. 22-005 State Legislative Advocacy Services accomplished on behalf of the City. 9.ANNUAL IN-PERSON MEETING REQUIRED: Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 10.FPPC FILINGS: Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 1 Table of Contents Proposal for State Legislative Advocacy Services January 21, 2022 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 2 January 21, 2022 Daniel A. Soto, Management Assistant City of Santa Ana – City Manager’s Office 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Soto: Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Legislative Advocacy Services to the City of Santa Ana (“City”). TPA has been proud and honored to serve as the state legislative advocate for the City over the past 22 years. During our tenure, TPA has demonstrated its focused and unwavering commitment to the legislative platform and funding priorities of the City, securing over $79.4 million in funding for the City, while serving as an extension of the City staff. Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission. Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers. Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.2 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies. Thank you again for your interest in our firm and your consideration of this proposal. This statement of qualifications will be valid for ninety (90) days. Please contact us if you have any questions or need additional information. We would be honored to continue to serve the City of Santa Ana. Yours truly, Christopher Townsend President Principal who can make legally binding commitments for TPA Proposal for State Legislative Advocacy Services | City of Santa Ana Page 3 2. STATEMENT OF AGREEMENT Proposal for State Legislative Advocacy Services | City of Santa Ana Page 4 3. FIRM & TEAM EXPERIENCE i. A GENERAL DESCRIPTION OF THE FIRM, INCLUDING SIZE, NUMBER OF EMPLOYEES, NUMBER OF CREDENTIALED ACTUARIES WITH THEIR AFFILIATIONS, AND ANY PAST OR CONTEMPLATED CHANGES IN OWNERSHIP. TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. Founder/Owner/President: Christopher Townsend Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law Funding Success: Over $2.2 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies Longevity: 23 years (founded in 1998) Number of Employees: 16 Number of Registered State and Federal Lobbyists and Grant Writers: 13 Number of Offices: Five o TPA State Capitol Office, Sacramento o TPA Federal Office, Washington, DC o TPA Northern California Office, Oakland o TPA Central California Office, Fresno o TPA Southern California Office, Newport Beach Types of Clients: o City Governments o County Governments o Water and Sanitation Districts o Transportation Districts o K-12 School Districts o Community College Districts o Parks and Recreation Districts o Fire Protection Districts o Museums, Science Centers, and Cultural Facilities Ranking by Revenue Reported to the California Secretary of State: o 7th of 486 Firms Registered for 2019-20 Legislative Session o 98th Percentile Changes in Ownership: None Proposal for State Legislative Advocacy Services | City of Santa Ana Page 5 EXPERIENCE ii. NAME AND CONTACT INFORMATION OF THE LEAD PROJECT MANAGER TO BE ASSIGNED TO THE ENGAGEMENT. Lead Project Manager: TPA Vice President Casey Elliott Contact Information: Address: 925 L Street, Suite 1404, Sacramento, CA 95814 Email Address: celliott@townsendpa.com Phone Number: (916) 447-4086 iii. RESUMES FOR THE PROFESSIONAL STAFF ASSIGNED TO THE ENGAGEMENT. CLIENT SERVICE TEAM With a team of 13 legislative and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated a team of five advocates to perform state legislative advocacy services for the City: 1. Christopher Townsend President Project Role: Senior Strategic Advisor 2. Casey Elliott Vice President Project Role: Lead Project Manager and Legislative Advocate 3. Cori Takkinen Vice President Project Role: Legislative Advocate 4. Niccolo De Luca Vice President Project Role: Legislative Advocate 5. Carly Shelby Legislative Associate Project Role: Legislative Advocate The TPA State Capitol Office is located across the street from the State Capitol building, which allows us to engage with key decision makers in a timely manner. The City may also access the TPA State Capitol office as a venue for advocacy meetings or a temporary work area when City staff visits Sacramento. Additionally, the TPA Southern California Office, located in Newport Beach, gives TPA the ability to meet in-person with City staff and departments with little notice. Resumes for each member of the client service team are included on the following pages Proposal for State Legislative Advocacy Services | City of Santa Ana Page 6 EXPERIENCE Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations. Townsend Public Affairs, Inc. President 1998-Present Christopher provides leadership to a team of 13 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include: Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm. Under Christopher’s leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom. Christopher and his team have secured over $2.2 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety. Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Correa, Torres, Lowenthal, Porter, Levin, Lee, Swalwell, Napolitano, Garamendi, Carbajal, Desaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim. Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84. Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 7 EXPERIENCE In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker’s Commission on State and Local Government Finance. In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission. PepsiCo/Taco Bell Corp., Irvine, CA Senior Director, Government & Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation. Stein-Brief Group, Inc., Dana Point, CA Vice President, Public Affairs 1982-1992 Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities. Christopher provided land-use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use. Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives. JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991 Claremont McKenna College, Claremont, CA Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Coro Fellow Southern California 1981 Harry S Truman Scholar California 1980 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 8 EXPERIENCE Casey Elliott, Vice President: Casey brings 20 years of legislative and public policy experience to TPA. Casey develops and implements legislative strategies for local public agency clients throughout California. Casey maintains relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey has expertise in the policy sectors of municipal finance, budget, redevelopment, education, local governance, water resources, parks and recreation, and cultural resources. Townsend Public Affairs, Inc. Vice President 2006-Present As Vice President, Casey oversees a team of 13 TPA lobbyists registered with the California Secretary of State. Casey provides timely expert analysis of legislative and budget proposals introduced each legislative session for their potential effect on TPA clients. Some of Casey’s accomplishments include: Working with the City of Santa Ana and the City of Oakland, Casey helped advance legislation and state budget requests to secure funding for California’s largest cities to help address issues surrounding homelessness. These efforts culminated in the creation of the Homeless Emergency Aid Program (HEAP). Approved as part of the 2018 state budget, HEAP provided a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis. HEAP contained a specific pot of funding for large cities, including a combined $12.3 million for Oakland and Santa Ana. Building on the success of the HEAP program, in 2019 the State Budget created the Homeless Housing, Assistance and Prevention (HHAP) Grant Program, a $650 million grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. The HHAP program maintained dedicated funding for California’s largest cities, including a combined $28.1 million for the cities of Oakland and Santa Ana. Through his work with the Department of Finance, the Legislature, and the Office of the Governor, Casey has been able to lessen the impact of RDA dissolution on TPA clients. Specific outcomes include: having over $35 million in projects in Santa Ana, Lafayette, Brea, and Hayward recognized as enforceable obligations; facilitating accelerated transfer of former RDA assets in Buena Park to allow for new development; and the passage of legislation to allow expenditure of certain development agency bond proceeds. Casey helped the Rancho Santiago Community College District and Coast Community College District secure over $68 million in funding through the State Budget for three capital outlay facilities projects. Casey worked with the districts’ legislative delegation, budget committee staff, and the Community College Chancellor’s Office to advocate for the priority budget items, including having the projects recommended for funding by the Board of Governors of the California Community Colleges. The funding for these three projects will allow for the design and construction of three new buildings that will provide state of the art learning environments for community college students in Orange County. Casey worked closely with the City of Lafayette to establish a small business assistance program to help local businesses and non-profits lessen the economic impacts from the Proposal for State Legislative Advocacy Services | City of Santa Ana Page 9 EXPERIENCE coronavirus. Casey was able to work with the City to promote the program, work directly with program participants to connect them with available state and federal resources, and work with businesses to secure funding. Ultimately, the small business assistance program worked with nearly 100 small businesses, which employed nearly 400 workers, and were able to secure over $1.5 million in direct funding for the businesses. Casey helped the Newhall County Water District co-sponsor SB 634 (Wilk) which established a new water district to serve as the primary water wholesaler and retailer for the Santa Clarita Valley. Casey coordinated efforts with the other impacted water agencies and stakeholders to develop a coalition of local support for the legislation. The legislation, which contained the enabling act for the new district as well as provisions that allowed for a modified LAFCO process, was approved by the Legislature and signed into law by Governor Brown. Assemblyman Tom Umberg Legislative Assistant 2006 Casey managed legislation for the Member, including education, workers’ compensation, and school facilities measures. Casey staffed the Member on the Assembly Education committee. He also worked closely with legislative staff, committee consultants, state agencies, and interested parties on legislation. In addition, he advised the Member and Chief of Staff on pending legislation. Secretary of State Legislative Coordinator 2005-2006 Casey briefed the Secretary of State and senior staff members on legislation affecting the agency. Casey worked with Division Chiefs, senior staff members, and the Secretary of State to develop legislative positions for the agency. Casey also worked with Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. In addition, he researched and drafted legislative proposals for the agency. Secretary of State Legislative Analyst 2003-2005 Casey assisted in the research and development of legislation. In addition, Casey worked closely with the State Legislature, Governor’s Office staff, committee consultants, Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. Some of Casey’s special projects included staffing various taskforces, assisting in the development of spending plans for legislatively mandated programs, and election-night support. Office of the Governor Senior Legislative Assistant 2000-2003 Casey chaptered all bills that the Governor signed and he processed all vetoed measures. Casey worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the Senate throughout the bill chaptering process. Casey also supervised a staff of 10 personnel during the creation and assembly of up to 1500 bill files presented to the Governor. University of California, Davis Bachelor of Arts, Political Science 2000 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 10 EXPERIENCE Cori Takkinen, Vice President: Cori brings 12 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of transportation, water resources, infrastructure, sanitation, local governance, parks and recreation, and economic development. Townsend Public Affairs, Inc. Vice President 2011-Present Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal and water infrastructure issues, Cori has a strong network of relationships with State Legislators, key staff, and various state agencies. Some of Cori’s accomplishments include the following: In the last three years, leveraging relationships with the Orange County legislative delegation, Los Angeles delegation, and Assembly and Senate Leadership, Cori has secured over $20 million in State Budget funding for the Discovery Science Foundation. That funding includes millions of dollars to create parking opportunities in Santa Ana as well as money to fund the continuing operations of the Discovery Cube Orange County through the impacts of COVID-19. Cori continues to work with the Cube to identify and create state funding opportunities that will bring monies back to Santa Ana. Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018- 19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City’s legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City’s water customers to have real- time access to their water usage, which will help facilitate water conservation and reduce customers’ utility bills. Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bi-partisan support for the legislation and it was signed into law. Worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. In addition to securing funding opportunities for municipalities, Cori’s efforts with Proposition 68 resulted in $4.8 million to fund a conservation program at West Coyote Hills in Fullerton as well as $3.46 million to fund science education at the Discovery Cube Orange County. In the FY 2019-20 State Budget, Cori worked with 5 municipal clients and 1 nonprofit client to secure $20.2 million in budget earmarks for priority projects, including funding for a Proposal for State Legislative Advocacy Services | City of Santa Ana Page 11 EXPERIENCE stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children’s science education. Leveraging relationships with the State Legislature, Cori secured an earmark in the FY17- 18 State Budget in the amount of $20 million to form the North Orange County Public Safety Task Force. This Task Force will serve six TPA clients: the cities of Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. These cities will be able to facilitate regional collaborative efforts to combat homelessness, youth violence, and other critical public safety issues in the region. Cori has been actively engaged in State fire prevention legislation to reduce the risk of fires caused by above ground utilities as well as to provide opportunities for local jurisdictions located in high fire hazard severity zones to receive priority for fire mitigation measures. Cori worked with the City of Brea to secure over $10 million from local, state, and federal sources for the Tracks at Brea project. The project is a four-mile multi-use rail to trail project that will traverse the City. Funding sources include: the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transportation Commission, and the Southern California Association of Governments. Cori worked with the City of Laguna Beach to secure $59,628 through the FEMA Assistance for Firefighter Grant program. Cori worked closely with FEMA program staff to secure funding for mobile radios and programming equipment that brought the Laguna Beach Fire Department up to P-25 compliance. Bringing the Fire Department into compliance has allowed increased coordination and activity with the California Office of Emergency Services and the State’s Master Mutual Aid Plan. County of Orange, Board of Supervisors Policy Advisor for Supervisor John Moorlach 2010 Cori served as a policy advisor for, then-County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups. Tom Campbell for US Senate Campaign 2010 Chapman University, Orange, CA Master of Public Administration 2014 Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 12 EXPERIENCE Niccolo De Luca, Vice President: Niccolo brings 24 years of legislative and public policy experience to TPA. Niccolo has expertise in the policy sectors of local governance, parks and recreation, public safety, natural resources, cultural resources, cannabis, and consumer affairs. Townsend Public Affairs, Inc. Vice President 2008-Present Throughout his tenure at TPA, Niccolo has been responsible for dozens of legislative proposals that have been signed into law and secured millions in competitive grant funds for local public agency clients. In addition to his public policy expertise, Niccolo has widespread bi-partisan relationships with Members and staff of the State Legislature, Governor Newsom Administration, and relevant agencies. Some of Niccolo’s accomplishments include: Niccolo led the TPA efforts to secure $33.1 million in critically needed park funding for cities and nonprofits in the Bay Area, Central Valley, and Southern California. These efforts included working on the funding guidelines, drafting the applications, lobbying for the applications, and working hand in hand with the funding agency. Niccolo was the team lead and instrumental in the many victories of our clients. Niccolo, in recognizing the need for additional tools to protect public and private infrastructure from natural disasters such as earthquakes, championed legislation to allow cities to create a special assessment district to provide low-cost earthquake retrofit loans in areas with vulnerable housing stock. In addition, Niccolo worked with the City of Oakland and the City of Los Angeles to create the first ever state loan program for seismic retrofits of multi-unit buildings. Niccolo was a major part of the coalition to help pass the state’s first ever medicinal cannabis regulatory framework legislation. A comprehensive, thorough approach to statewide medicinal cannabis guidelines has been needed for several years. Niccolo served as an instrumental member of the statewide coalition that supported the views of both local government and the industry. Niccolo actively drafted language and advocated with legislators and staff to ensure statewide regulations would be in the best interest of cities. Due to these efforts, Niccolo has been recognized as a policy expert on cannabis policy and has testified before numerous legislative committees on issues related to the statewide implementation of cannabis regulations. Niccolo assisted the City of Oakland in securing $2.2 million in State Budget earmarks in FY14 and FY16. Niccolo coordinated with the Oakland Mayor, State Legislature, Governor’s Office, and appropriate Administration officials to draft the language for inclusion into both budgets. Niccolo’s strategy and execution led to two significant financial wins for the City and their various public safety efforts. Niccolo worked closely with the City of Oakland to secure four grants in the combined amount of $18.9 million from the Community Oriented Policing Services (COPS) Hiring Program. Niccolo developed the applications and shepherded them through the grant Proposal for State Legislative Advocacy Services | City of Santa Ana Page 13 EXPERIENCE process, including leveraging relationships with the US Department of Justice and COPS staff, which resulted in critical federal funding for the City to hire additional police officers. Niccolo worked with the City of Emeryville to secure $600,000 in federal funding from the Pre-Disaster Mitigation Grant Program to finance the cost of seismic retrofitting of the City’s one and only emergency community gathering and housing facility. Niccolo worked closely with the City and Congresswoman Barbara Lee on the application as well as development and execution of an advocacy strategy, including the defeat of a hostile amendment that would have taken the grant away from Emeryville and reverted the funds back to FEMA. City of Oakland Deputy City Administrator 2004-2007 Niccolo was responsible for the daily operations and decision making for the two largest departments (public works and police department), overseeing a combined annual budget of $323 million. Niccolo also directly supervised four different divisions with 45 employees. Niccolo provided direct organizational leadership to create a standard operating procedure for a multi-faceted crime reduction initiative, which was adopted by the City Council and resulted in crime reduction. Additionally, Niccolo expanded the number of organized neighborhood public safety gatherings for three consecutive years, with an average of nearly 100 percent annual increase. Furthermore, Niccolo served as lead administrative staff member for three City Council committee, providing expertise and support to the Mayor and City Council in the formulation, interpretation, and application of public policy. City of Oakland Assistant Director, Public Works Agency 2001-2004 Niccolo was responsible for three divisions of the public works department (including finance and human relations), five direct reports, and 40 staff members. Niccolo oversaw the financial operations of the entire public works department, including revenues and expenditures. Niccolo implemented procedures to reduce the number of worker’s compensation claims subsequently adopted for the entire City. Niccolo also served as the spokesperson of the public works department and maintained all media relations. Niccolo built strong media relations and served as hearing officer for union grievances, ultimately helping to improve key relationships with affected unions. City of Oakland Assistant to Councilmember Richard Spees 1998-2001 Niccolo served as lead spokesperson for the Council Member within the district. Niccolo improved the overall district-wide public approval rating of the Council Member through grass roots marketing campaigns and new information dissemination strategies. Additionally, Niccolo led constituent services for the district, ensuring proper and efficient service delivery for 58,000 residents. University of Oregon Bachelor of Arts, American History 1997 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 14 EXPERIENCE Carly Shelby, Legislative Associate: Carly brings over three years of government affairs experience to TPA. Carly has state legislative experience in areas such as water, solid waste and recycling, revenue and taxation, housing and land use, community services, pension reform, and budget. Carly has strong relationships with legislative committee staff, members of the legislature, and municipal representatives. Townsend Public Affairs, Inc. Legislative Associate 2021 – Present Since joining TPA, Carly has worked with clients to develop their legislative advocacy agenda In Sacramento. Some of her work includes: Carly has worked to build advocacy tools for clients such as legislative tracking matrices, policy issue summaries, and fact sheets. These tools allow clients to develop a successful advocacy strategy to achieve positive government actions in Sacramento. Carly has provided expert analysis and feedback on a variety of policy issues for our clients. She has written letters and official correspondence to bring client concerns to the attention of decision makers in Sacramento while helping navigate the legislative process. League of California Cities Legislative and Policy Development Assistant 2017-2020 Carly was responsible for analyzing legislation and developing strategic policy positions to benefit cities throughout California. Carly also maintained stakeholder relations with various government agencies and government-proxy organizations to implement policy agendas crucial to local government clients. Press Office of Assembly Speaker Anthony Rendon Press Intern 2017 Carly worked for Assembly Speaker Anthony Rendon and was responsible for maintaining communications between the legislature and major news outlets as well as communicating the Speaker and Democratic Caucus’ policy agendas. The California Building Industry Association (CBIA) Government Affairs Intern 2016 Carly worked to implement CBIA’s policy agenda with emphasis on the issue areas of housing and land use. Carly also provided strategic campaign support on the CBIA sponsored school bond initiative. California State University, Sacramento Bachelor of Arts, Political Science 2021 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 15 EXPERIENCE iv. A DESCRIPTION OF THE FIRM'S EXPERIENCE IN PROVIDING SIMILAR SERVICES TO THOSE REQUESTED IN THIS RFQ. TPA EXPERIENCE PROVIDING ADVOCACY SERVICES TPA is one of the largest advocacy firms in California and is continually recognized as a “top ten” firm registered with the California Secretary of State. TPA has provided customized legislative and funding advocacy for 235 local public agencies throughout the State of California including the Big 13 cities of Santa Ana, Oakland, Fresno, Anaheim, and Bakersfield. TPA’s proven methods providing legislative and funding advocacy have generated significant victories on behalf of our clients. Since 1998, TPA has worked with the Legislature and Executive branches to shepherd over 100 client-sponsored bills into law and secure over $2.2 billion in funding for our clients’ priority projects. Our policy expertise includes, but not limited to transportation, cultural and historical resources, housing, economic development, public safety, parks and recreation, water and sanitation, and education. TPA EXPERIENCE WITH THE CITY OF SANTA ANA TPA was born in Santa Ana and has worked for over 20 years to be an effective legislative advocate, shepherding City sponsored bills into law and securing funding for legacy projects. TPA has been privileged to work not only with the City of Santa Ana, but with many of the public and non-profit institutions that deliver services to residents. In addition to the City, TPA has provided advocacy and/or grant funding services to: Rancho Santiago Community College District Orange County Water District Discovery Cube Orange County Santa Ana Unified School District Orange County High School of the Arts Orange County Educational Arts Academy Bowers Museum Latino Health Access Our work with these clients has resulted in hundreds of millions of dollars being delivered to the City of Santa Ana to create new facilities, expand existing operations, and deliver increased levels of service to the residents of Santa Ana and the surrounding region. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 16 EXPERIENCE TPA FUNDING ACHIEVEMENTS ON BEHALF OF THE CITY OF SANTA ANA In additional to state legislative advocacy, TPA has also provided information and advocated on behalf of City funding applications at the state level, securing over $83.4 million Funding Program and City Project Amount Awarded Project Grant: Delhi Community Center $2,200,000 Project Grant: Delhi Community Center $800,000 Proposition 84 Statewide Parks Program: Jerome Park Community Center $500,000 Madison Park Batting Cage $50,000 Vans for Underserved Kids $60,000 Santa Ana Zoo Commissary $40,000 El Salvador Community Center: Proposition 12 Murray-Haden Grant Program $681,000 Santiago Park: Proposition 12 Riparian and Riverine Habitat Grant Program $150,000 Santiago Park: Proposition 12 Urban Recreational and Cultural Centers Grant Program $742,500 Healthy Community Fund – Eddie West Field $900,000 Land and Water Conservation Fund: Prentice Park $75,000 Land and Water Conservation Fund: Santa Ana Zoo Exhibit Development Project $150,000 Santa Ana Zoo Commissary: Anteaters Exhibit $150,000 Bicycle Transportation Account Grant $1,000,000 Habitat Conservation Program: Santiago Nature Reserve $100,000 Habitat Conservation Fund: Centennial Park Waterfowl Sanctuary $62,500 Habitat Conservation Fund: Cienega de las Ranas Habitat Restoration $60,000 Habitat Conservation Fund: McFadden Triangle Habitat Restoration $75,000 Recreational Trails Grant: Fairview Triangle Habitat Restoration $132,000 Recreational Trails Grant: Santa Ana Golden Loop Rehabilitation Project $253,440 California Gang Reduction, Intervention and Prevention Program $400,000 Proposition 84 Statewide Parks Program: Willard Intermediate Park $4,400,000 Department of Water Resources Grant: Infrastructure Improvements Related to Diamond Park Mutual Water Company $2,000,000 Proposition 84 Statewide Parks Program: Roosevelt Elementary Park Development $5,000,000 Redevelopment Agency Dissolution Enforceable Obligation $22,000,000 Active Transportation Program Grant: Civic Center Bike Boulevard $3,729,000 Active Transportation Program Grant: Edinger Protected Bike Lanes Project $2,366,000 Active Transportation Program Grant: Santa Ana and Fifth Protected Bike Lane $5,424,000 West Willits Street Protected Bike Lanes $2,970,000 Safe Routes to School Davis Elementary ADA Compliance $5,754,000 Youth Soccer and Recreation Development Grant $1,000,000 Advanced Water Metering Infrastructure $4,000,000 Homeless Emergency Aid Grant Program: Large Cities fund $3,690,885 Homeless Housing, Assistance and Prevention Grant Program: Large City Allocation $8,579,777 Youth Facilities Funding: State Budget Directed Spending $4,000,000 TOTAL FUNDING ACHIEVEMENTS ON BEHALF OF THE CITY OF SANTA ANA $83,495,102 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 17 EXPERIENCE TPA LEGISLATIVE ADVOCACY ACHIEVEMENTS Policy Sector Issue Description Local Governance Local Control and Finance Public Facilities and Finance Public Employee Programs Contractual Assessment Programs Infrastructure Financing Opportunities Public Employee Benefits PEPRA Compliance JPA Benefits Medical Benefits Vesting Cannabis • Drafting Local and State Cannabis Regulations Local Control Transportation Local Streets and Roads • State Highway Relinquishments Local Venue Signage on State Highways State Highway System • State Bond Funding for Highway Projects Expansion of Toll Lanes/Toll Roads Water and Sanitation Water Quality Drinking Water Public Health Regulations Groundwater Pollution Liability Groundwater Management Plans Direct/Indirect Potable Reuse Water Infrastructure State Bond Funding for Water Projects Local Reliability Projects Water Conservation Programs Sanitation Infrastructure • Integrated Regional Watershed Projects Advanced Water Treatment Facilities Housing and Community Development Affordable Housing • Developing Funding for Affordable Housing Expanding Affordable Housing Eligibility Economic Development Capital Investment Incentive Program Expansion Enterprise Zone Program Regulations Military Base Re-Use Land Planning Redevelopment Agency Dissolution Process Developing Post-RDA Funding Sources State Liability Reduction Recreation and Natural Resources Park Facilities Joint-Use Projects with Schools Districts State Bond Funding for Local Park Projects Propositions 11, 68, and 84) Greenhouse Gas Reduction • TOD Housing to Support Cap and Trade Objectives Increase Transit Accessibility for Active Transportation Cultural and Historical Resources Cultural Facilities • CA Cultural and Historical Endowment CA Nature Education Facilities Program Public Safety Public Health Air Pollution Reduction Methods Treatment of the Remains of a Deceased Veteran Resources Crime Reduction • Sex Trafficking Control Gun Control Local Law Enforcement Increasing Local Police Presence/COPS Police Body Cameras Regional Public Safety Task Force Initiatives Education Community College Districts Veterans Resources Alternative Energy Job Training ADA Reform K-12 School Districts • K-12 Safety Planning Programs Joint Use Projects with Civic Agencies School Facilities Charter School Facilities Funding Community College Facilities Funding K-12 School District Facilities Funding A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST Proposal for State Legislative Advocacy Services | City of Santa Ana Page 18 EXPERIENCE TPA FY 2021-22 STATE BUDGET EARMARKS This table provides an overview of the direct budget allocations secured on behalf of our clients from the 2021-22 State Budget. TPA worked closely with our clients to identify priority projects for each funding request. TPA then worked with members of the Assembly and Senate Budget Committee, as well as the Governor’s Administration, to ensure our client’s projects were included in the final budget approved by the Legislature. Client Name Project Amount Awarded City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000 City of Fremont Mission Boulevard Interchange Modernization Project $7,200,000 City of Fullerton Hunt Library Restoration $2,750,000 Homelessness Recuperative Center $4,000,000 City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000 South Hayward Youth Family Center Project $1,000,000 City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland Oakland Fund for Public Innovation for the California Entrepreneurship Capital in the Community Initiative 8,000,000 Local Jurisdiction Assistance for Cannabis Equity Program $9,905,020 Oakland MACRO Project $10,000,000 Port of Oakland Freight and Passenger Enhancements $280,000,000 City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science Foundation Discovery Cube of Orange County Re-Opening Operating Expenses $2,040,000 Discovery Cube of Los Angeles Re-opening Operating Expenses $2,600,000 North Orange County Public Safety Task Force North Orange County Public Safety Task Force Extension $7,800,000 TOTAL FY 2021-22 STATE BUDGET EARMARKS $377,715,020 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 19 EXPERIENCE TPA FY 2019-20 STATE BUDGET EARMARKS This table provides an overview of the direct budget allocations secured on behalf of our clients from the 2019-20 State Budget. TPA worked closely with our clients to identify priority projects for each funding request. TPA then worked with members of the Assembly and Senate Budget Committee, as well as the Governor’s Administration, to ensure our client’s projects were included in the final budget approved by the Legislature. Client Name Project Amount Awarded City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Renovations $500,000 City of Costa Mesa Lions Park $1,000,000 City of Dinuba Water Well Replacement $1,000,000 City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000,000 City of Oakland Public Safety Projects $4,000,000 Bus Services $1,000,000 City of Selma Storm Drain, Storage and Recharge $1,500,000 Discovery Cube of Los Angeles Natural Resources Pavilion $5,000,000 Discovery Cube of Orange County Property Acquisition/Parking Structure $10,000,0000 East Contra Costa Fire Protection District Equipment, Vehicles, and Facilities Acquisitions and Improvements $500,000 North County Transit District Del Marr Bluffs Stabilization Project $6,130,000 Tri Valley Cities Coalition Dublin Sports Grounds All Abilities Playground $1,400,000 TOTAL FY 2019-20 STATE BUDGET EARMARKS $36,230,000 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 20 EXPERIENCE v. A LIST OF THE LOCAL OFFICE'S MOST SIGNIFICANT ENGAGEMENTS IN THE LAST FIVE (5) YEARS, INDICATING WHETHER THEY ARE PUBLIC OR PRIVATE SECTOR, AND INCLUDING SCOPE OF WORK, DATE, SUPERVISING ACTUARIES, AND NAME AND TELEPHONE NUMBER OF THE CLIENT CONTACT. The following list includes the City’s project manager, TPA State Capitol Director Casey Elliott, located in the TPA State Capitol Office in Sacramento, most significant engagements (all of which are public sector) of over the past five years: City of Santa Ana o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy o Date of Contract: 1999 to Present o Contact Name and Title: Daniel Soto, Management Assistant o Telephone Number: (714) 647-5234 City of Cupertino o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy Services o Date of Contract: 2019 to Present o Contact Name and Title: Katy Nomura, Deputy City Manager o Telephone Number: (408) 777-4844 City of Lafayette o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2019 to Present o Contact Name and Title: Niroop Sirvatsa, City Manager o Telephone Number: (925) 299-3206 City of Modesto o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy Services o Date of Contract: 2020 to Present o Contact Name and Title: Edgar Garcia, Management Analyst o Telephone Number: (209) 571-5101 City of Santa Clara o TPA Project Manager: Casey Elliott and Ben Goldeen o Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2020 to Present o Contact Name and Title: Deanna Santana, City Manager o Telephone Number: (408) 615-2210 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 21 EXPERIENCE City of Temecula o TPA Project Manager: Casey Elliott and Cori Takkinen o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2019 to Present o Contact Name and Title: Randi Johl, Legislative Director o Telephone Number: (951) 694-6421 City of Tracy o TPA Project Manager: Casey Elliott and Andres Ramirez o Scope of Work: State Legislative Advocacy o Date of Contract: 2019 to Present o Contact Name and Title: Karin Schnaider, Director of Finance o Telephone Number: (209) 831-6800 City of Walnut Creek o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy o Date of Contract: 2014 to Present o Contact Name and Title: Carla Hansen, Deputy City Manager o Telephone Number: (925) 943-5899 Rancho Santiago Community College District o TPA Project Manager: Casey Elliott and Ben Goldeen o Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2010 to Present o Contact Name and Title: Marvin Martinez, Chancellor o Telephone Number: (714) 480-7450 Coast Community College District o TPA Project Manager: Casey Elliott and Ben Goldeen o Scope of Work: State and Federal Legislative Advocacy and Grant Writing o Date of Contract: 2011 to Present o Contact Name and Title: John Weispfenning, Chancellor o Telephone Number: (714) 438-4600 East Contra Costa Fire Protection District o TPA Project Manager: Casey Elliott and Cori Takkinen o Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2018 to Present o Contact Name and Title: Brian Helmick, Fire Chief o Telephone Number: (925) 240-2130 Innovative Integrated Health, Inc. o TPA Project Manager: Casey Elliott and Sean McReynolds o Scope of Work: State Legislative Advocacy o Date of Contract: 2020 to Present Proposal for State Legislative Advocacy Services | City of Santa Ana Page 22 EXPERIENCE o Contact Name and Title: Phil Tsunoda, Executive Director, Public Policy & Public Affairs o Telephone Number: (714) 981-7596 Port of Hueneme o TPA Project Manager: Casey Elliott o Scope of Work: State Legislative Advocacy o Date of Contract: 2015 to Present o Contact Name and Title: Kristen Decas, CEO and Port Director o Telephone Number: (805) 488-3677 Proposal for State Legislative Advocacy Services | City of Santa Ana Page 23 4. FEE SCHEDULE STATE LEGISLATIVE ADVOCACY SERVICES CONTRACT YEAR MONTHLY FEE* NOT-TO-EXCEED ANNUAL FEE Contract Year 1 $5,000 $60,000 Contract Year 2 $5,000 $60,000 Contract Year 3 $5,500 $66,000 Optional Contract Extension: Year 4 $5,500 $66,000 Optional Contract Extension: Year 5 $6,000 $72,000 Optional Contract Extension: Year 6 $6,000 $72,000 The monthly fee includes all anticipated hours, hourly rates, and all reasonable business and travel expenses. At the request of the City, TPA will provide a detailed hourly rate schedule. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 24 5. CERTIFICATIONS Proposal for State Legislative Advocacy Services | City of Santa Ana Page 25 CERTIFICATIONS Proposal for State Legislative Advocacy Services | City of Santa Ana Page 26 CERTIFICATIONS Proposal for State Legislative Advocacy Services | City of Santa Ana Page 27 CERTIFICATIONS Proposal for State Legislative Advocacy Services | City of Santa Ana Page 28 6. REFERENCES Proposal for State Legislative Advocacy Services | City of Santa Ana Page 29 7. CITY INFORMATION: SCOPE OF SERVICES TPA has NOT and will NOT disclose the information provided by the City for the purpose of conducting the scope of services to any third party without the City’s written permission. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 30 8. EVIDENCE OF FINANCIAL CAPACITY If requested, TPA will provide its most recent audited financial statement evidencing the firm’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. Proposal for State Legislative Advocacy Services | City of Santa Ana Page 31 9. INSURANCE If selected, TPA will provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after the receipt of Notice of Intent to Award. TPA will maintain the insurance coverage required by the City for the duration of the contract.