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HomeMy WebLinkAboutItem 30 - Legislative Advocacy Services; Local, State, and Federal Government Associations City Manager Office https://www.santa-ana.org/cm Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Legislative Advocacy Services; Local, State, and Federal Government Associations AGENDA TITLE: Approve Agreement with Townsend Public Affairs for State Legislative Advocacy Services; Approve Amendment to Agreement with Holland & Knight for Federal Legislative Advocacy Services; Provide Direction to Staff relating to Local, State, and Federal Government Associations RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Townsend Public Affairs for State legislative advocacy services for a three-year term, from April 6, 2021 through March 31, 2024, 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. 2. Approve an amendment to an agreement with Holland & Knight LLP for Federal legislative advocacy services for a one-year term from April 1, 2021 through March 31, 2022, in an amount not to exceed $117,600, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Provide direction to staff relating to local, state, and federal government associations. DISCUSSION Local governments rely on the expertise of state and federal legislative advocacy firms to represent their respective government agencies in Sacramento and Washington DC. 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. After a competitive Request for Proposal (RFQ) process, staff has prepared a new three- year agreement with Townsend Public Affairs for State legislative advocacy services. Legislative Advocacy Services April 6, 2021 Page 2 6 2 5 Separately, staff has prepared an amendment to the existing agreement with Holland & Knight LLP for Federal legislative advocacy services to provide services for one additional year. Below is additional information relating to both State and Federal legislative advocacy services, as well as information relating to subscriptions or memberships with existing local, state, and federal government associations that assist the City with legislative advocacy. State Legislative Advocacy Services The City’s current lobbyist, Townsend Public Affairs (TPA), 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 Legislative Platform and previously identified funding priorities of the City, securing over $79.4 million in funding for the City. On February 2, 2021, City staff released a Request for Qualifications (RFQ) to solicit proposals for state legislative advocacy services. The RFQ provided an overview of the state legislative advocacy services the City desired, which included the following scope of services: 1. Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. 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. 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. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. 5. 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 6. Provide updates on state legislation that affects the City’s legislative priorities, particularly those included in the City’s Legislative Platform. Identify potential future legislative issues or opportunities that may interest the City, and help position the Legislative Advocacy Services April 6, 2021 Page 3 6 2 5 City to benefit from new laws/regulations/policies, programs, or funding opportunities. 7. Lobby for the City’s position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City’s position at these hearings. 8. 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. 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City’s Legislative Program. 10.Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues. At the request of the City, prepare briefing materials such as memos summarizing legislation. 11.At the request of the City, assist with drafting position letters on legislation legislation or language for City policy resolutions. 12.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. 13.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. 14.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. 15.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 250 firms, one of which was based in Santa Ana that an RFQ had been issued for state legislative advocacy services. The RFQ was also posted online at the City’s procurement website, PlanetBids. Sixteen firms downloaded the RFQ, and five firms responded. These firms were Edelstein Gilbert Robson & Smith, Lucien Global, Renne Public Law Group, Townsend Public Affairs, and Jose A. Gonsalves & Son. Lucien Global was not considered because their firm did not upload a completed proposal. Additionally, Jose A. Gonsalves & Son decided to withdraw their individual proposal and instead incorporate their services into Edelstein Gilbert Robson & Smith’s proposal. The evaluation of the four remaining 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 Legislative Advocacy Services April 6, 2021 Page 4 6 2 5 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 Townsend Public Affairs Sacramento, CA $62,000 Edelstein Gilbert Robson & Smith Sacramento, CA $144,000 Renne Public Law Group Sacramento, CA $120,000 The proposals were reviewed by a panel composed of staff from the City Manager’s Office. After considering both proposals, staff recommends that the City Council approve an agreement with TPA based on the firm’s experience, 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. Federal Legislative Advocacy Services In 2013, the City conducted a competitive RFP process for federal legislative advocacy services, which yielded three respondents. One of the respondents was the then-existing consultant, The Ferguson Group, who had been providing the City with federal legislative advocacy services since 1987. According to evaluation/scoring/rating criteria, Holland & Knight, the City’s current firm, ranked #1 out of three. On December 16, 2013 the City Council awarded an agreement to Holland & Knight for a one-year term in an amount not to exceed $84,100. The original agreement was amended several times to extend its term, and the immediate past three-year agreement with Holland & Knight expires on March 31, 2022. Based off staff’s overall satisfaction of the City utilizing this firm since 2013, staff recommends amending the existing agreement to increase the compensation to fund the additional one year of services. The monthly cost to provide services for the proposed additional year is the same as the monthly cost for the previous three years: $9,800. Legislative Advocacy Services April 6, 2021 Page 5 6 2 5 Local, State, and Federal Government Associations The City of Santa Ana subscribes to several local, state, and federal government associations to advocate for all types of policy matters that affect local governments. Participation in all of the following associations are voluntary: Memberships and Dues FY 2020-21 Expenditure Description Orange County Council of Governments (OCCOG) $26,770 Regional governing and/or coordinating bodies that offer planning, coordination, and technical assistance to their members to administer programs at a regional level; acts as intermediaries between the local government members and the state or federal government U.S. Conference of Mayors $20,500 Official non-partisan organization of cities with populations of 30,000 or more; exists to accomplish the following: helps develop and promote effective national urban/suburban policy; builds stronger and more effective federal-city relationships; monitors the effectiveness of federal policy in terms of its service to urban needs; serves to help mayors develop leadership and management tools; and creates a forum in which mayors can share ideas and information Association of California Cities – Orange County (ACC- OC) $52,800 Association of Orange County cities that represent the interests of Orange County cities on regional public policy issues League of California Cities $63,070 Association of California cities that advocates for cities at the State Capitol to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians At this time, staff requests City Council direction relating to continuing participation with the above-mentioned associations. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in Fiscal Year 2020-21 in the following accounts from April 1, 2021 through June 30, 2021: Department Fund Account Townsend Public Affairs Holland & Knight LLP Public Works Agency Fund 101 10117601- 62300 $5,000 $9,800 Legislative Advocacy Services April 6, 2021 Page 6 6 2 5 Police Department General Fund 01114400- 62300 $5,000 $9,800 City Manager’s Office General Fund 01104012- 62300 $5,000 $9,800 TOTAL:$15,000 $29,400 Funds will be budgeted and available in Fiscal Year 2021-22 in the following accounts from July 1, 2021 through June 30, 2022: Department Fund Account Townsend Public Affairs Holland & Knight LLP Public Works Agency Fund 101 10117601- 62300 $20,000 $29,400 Police Department General Fund 01114400- 62300 $20,000 $29,400 City Manager’s Office General Fund 01104012- 62300 $20,000 $29,400 TOTAL:$60,000 $88,200 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 $20,500 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 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 $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 2024-25 in the following accounts from July 1, 2024 through March 31, 2025: Legislative Advocacy Services April 6, 2021 Page 7 6 2 5 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. Agreement with Townsend Public Affairs 2. Amendment to Agreement with Holland & Knight LLP Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager Page 1 of 8 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR STATE LEGISLATION ADVOCACY SERVICES THIS AGREEMENT is made and entered into this 6th day of April, 2021, 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 February 2, 2021, the City issued Request for Qualifications No. 21-016, 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. 21-016. 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. 21-016, 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 the term of this Agreement, and any extension thereof provided by Section 3. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $252,000. b. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. c. Consultant shall be compensated for any services provided to the City starting on April 1, 2021, to the effective date provided below. Page 2 of 8 d. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2024, 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, Page 3 of 8 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, 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 Page 4 of 8 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, 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. Page 5 of 8 10. 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. 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 Page 6 of 8 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street Suite 330 Newport Beach, CA 92660 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. Page 7 of 8 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: 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, relation, 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 or in connection with any activities 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 Page 8 of 8 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 ________________________ _________________________ 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. 21-016 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. Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. 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. 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. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. 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 6. Provide updates on state legislation that affects the City’s legislative priorities, particularly those included in the City’s Legislative Platform. 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. 7. Lobby for the City’s position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City’s position at these hearings. EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA RFQ No. 21-016 State Legislative Advocacy Services Page 16 of 29 8. 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. 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City’s Legislative Program. 10. Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues. At the request of the City, prepare briefing materials such as memos summarizing legislation. 11. At the request of the City, assist with drafting position letters on legislation legislation or language for City policy resolutions. 12. 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. 13. 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. 14. 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. 15. 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. Statement of Qualifications for State Legislative Advocacy Services February 22, 2021 EXHIBIT B Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 2 TABLE OF CONTENTS Table of Contents ............................................................................................................................ 2 1. Cover Letter .............................................................................................................................. 3 2. Agreement Statement ............................................................................................................... 4 3. Firm and Team Experience ...................................................................................................... 5 4. Cost Proposal.......................................................................................................................... 22 5. Certifications ........................................................................................................................... 23 6. References .............................................................................................................................. 28 7. City Information: Scope of Services ....................................................................................... 30 8. Evidence of Financial Capacity .............................................................................................. 31 9. Insurance ................................................................................................................................ 32 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 3 February 22, 2021 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 statement of qualifications to provide State 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 $1.8 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 4 2. AGREEMENT STATEMENT TPA accepts all provisions contained in the Standard Agreement included Exhibit B in the RFQ. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 5 3. FIRM AND TEAM EXPERIENCE ii. 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 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 bills into law • Funding Success: Over $1.8 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: 15 • Number of Registered State Lobbyists and Grant Writers: 12 • 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 and County Governments o Water and Sanitation Districts o Transportation Districts o Community College and K-12 Districts o Parks and Recreation 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 6 FIRM AND TEAM EXPERIENCE iii. NAME AND CONTACT INFORMATION OF THE LEAD PROJECT MANAGER TO BE ASSIGNED TO THE ENGAGEMENT. Lead Project Manager, TPA State Capitol Director Casey Elliott, Contact Information: • Address: 925 L Street, Suite 1404, Sacramento, CA 95814 • Email Address: celliott@townsendpa.com • Phone Number: (916) 447-4086 iv. RESUMES FOR THE PROFESSIONAL STAFF ASSIGNED TO THE ENGAGEMENT. CLIENT SERVICE TEAM With a team of 12 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 four advocates to perform state legislative advocacy services for the City: 1. Christopher Townsend President Project Role: Senior Strategic Advisor 2. Casey Elliott State Capitol Director Project Role: Lead Project Manager and Legislative Advocate 3. Cori Takkinen Senior Director Project Role: Legislative Advocate 4. Niccolo De Luca Senior Director 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 7 FIRM AND TEAM 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 12 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 $1.8 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. • 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. • 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 8 FIRM AND TEAM EXPERIENCE 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 9 FIRM AND TEAM EXPERIENCE Casey Elliott, State Capitol Director: 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. State Capitol Director 2006-Present As State Capitol Director, Casey oversees a team of 12 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 Oakland and the City of Santa Ana, 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 worked closely with the City of Santa Ana to craft an advocacy strategy for the City to transfer customers from Diamond Park, and mutual water company servicing approximately 90 families with aging infrastructure and no access to safe drinking water, onto the City water system. Ultimately, TPA was able to secure a line-item in the FY11 State Budget to provide $7.5 million in Proposition 84 bond funds for public water agencies to take-over control of under-funded and under-performing mutual water companies located in the cities of Santa Ana and Maywood. • 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 10 FIRM AND TEAM EXPERIENCE 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 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. Assemblyman Thomas 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 11 FIRM AND TEAM EXPERIENCE Cori Takkinen, Senior Director: 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. Senior Director 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: • 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. • Cori leveraged her relationships with the Santa Ana Legislative Delegation as well as Assembly and Senate Budget Committees and Legislative Leadership to secure a $10 million State Budget Earmark in FY 2019 to build a parking structure to facilitate additional visitors as well as an expansion of the Discovery Cube Orange County in Santa Ana. • Cori 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. Specifically, relevant to Santa Ana, Cori worked closely with the Discovery Cube Orange County to include language in Proposition 68 that created a grant funding program specifically for nonprofit museums in specific counties. Following passage of Proposition 68, Cori worked with Discovery Cube Orange County to submit a competitive grant application to the program and was successful in securing $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 stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children’s science education. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 12 FIRM AND TEAM EXPERIENCE • 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. 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 2014 Master of Public Administration Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 13 FIRM AND TEAM EXPERIENCE Niccolo De Luca, Senior Director: 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. Senior Director 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 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 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 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 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 14 FIRM AND TEAM EXPERIENCE • 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 15 FIRM AND TEAM EXPERIENCE v. 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 11 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 $1.8 billion in funding for our clients’ priority projects. Our policy expertise includes, but not limited to water and sanitation, transportation, cultural and historical resources, housing, economic development, public safety, parks and recreation, 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 16 FIRM AND TEAM 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 $79.4 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 TOTAL FUNDING ACHIEVEMENTS ON BEHALF OF THE CITY OF SANTA ANA $79,495,102 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 17 FIRM AND TEAM 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 18 FIRM AND TEAM EXPERIENCE TPA GRANT FUNDING ACHIEVEMENTS This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements. Policy Sector State Funding Federal Funding All Sources Transportation $546.6 Million $101.7 Million $648.3 Million Water and Sanitation $117.8 Million $7.7 Million $125.5 Million Housing and Economic Development $397.6 Million $5.0 Million $402.6 Million Public Safety $59.9 Million $54.8 Million $114.7 Million Parks and Recreation $105.8 Million $6.2 Million $112.0 Million Cultural Resources $112.6 Million $7.0 Million $119.6 Million Education $247.9 Million $44.8 Million $292.7 Million TOTAL $1.588 Billion $227.2 Million $1.815 Billion A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 19 FIRM AND TEAM EXPERIENCE vi. 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: Deborah Feng, City Manager o Telephone Number: (408) 777-3212 • City of Lafayette o TPA Project Manager: Casey Elliott and Johannus Reijnders 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 Laura Kroeger 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 20 FIRM AND TEAM 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 and Andres Ramirez 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 • Coast Community College District o TPA Project Manager: Casey Elliott and Laura Kroeger 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 o Contact Name and Title: Phil Tsunoda, Executive Director, Public Policy & Public Affairs o Telephone Number: (714) 981-7596 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 21 FIRM AND TEAM EXPERIENCE • 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 • Rancho Santiago Community College District o TPA Project Manager: Casey Elliott and Laura Kroeger 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 Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 22 4. COST PROPOSAL 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 23 5. CERTIFICATIONS Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 24 CERTIFICATIONS Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 25 CERTIFICATIONS Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 26 CERTIFICATIONS Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 27 CERTIFICATIONS Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 28 6. REFERENCES None. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 29 REFERENCES None. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 30 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 31 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. Statement of Qualifications for State Legislative Advocacy Services | City of Santa Ana Page 32 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. Page 1 of 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT TO PROVIDE FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT LLP THIS FIRST AMENDMENT to the above-referenced agreement is entered into on April 6, 2021, by and between Holland & Knight, LLP, a limited liability partnership (“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.The parties entered into Agreement No. A-2018-080, dated April 1, 2018, by which Consultant agreed to provide services for the securing of federal funding and achieving determined legislative and regulatory outcomes on behalf of the City (“Agreement”). B.The Parties exercised their option to extend the Agreement which is current and in effect through March 31, 2022. C.The parties now wish to increase the overall amount of compensation under the Agreement in consideration of the extended term. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1.Section 2.a., Compensation, is amended to increase the overall compensation at an amount not to exceed $9,800 per month during the extended term, for a total of $117,600 for the one-year extension. The total amount to be expended during the term of the Agreement shall not exceed $470,400. 2.Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY OF SANTA ANA _______________________________ Kristine Ridge City Manager Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:___________________________ Ryan O. Hodge Assistant City Attorney ATTEST ______________________________ Daisy Gomez CONSULTANT ______________________________ By: Leslie Pollner Title: Senior Policy Advisor