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Home My WebLink AboutItem 08 - Lobbyist Filing System City Clerk's Office www.santa-ana.org/city-clerk Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 4, 2025 TOPIC: Lobbyist Filing System AGENDA TITLE Agreement Amendment to Add Lobbyist Registration Forms and Reports to Online Electronic Filing System (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a first amendment to agreement with NetFile to add a Lobbyist E-Filing and Administration System to the existing online subscription services for FPPC filing, increasing the compensation by $25,584 for a total amount not- to-exceed $120,584, and exerting the two-year extension expiring July 31, 2027 (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On July 19, 2022, the City Council adopted Ordinance No. NS-3022 adding Article XI “Lobbyist Registration” to Chapter 2 of the Santa Ana Municipal Code (SAMC). Since that time, several steps have been made to implement the Lobbyist Program. A registration form is available via the City’s website. There are currently nine registered lobbyists in the City. As part of the Fiscal Year 2023/24 Budget process, City Council approved various fees pertaining to the Lobbyist program as part of the Uniform Schedule of Miscellaneous Fees, including an initial registration fee, an annual re- registration fee, and a late report filing fee. Fees have yet to be assessed, pending full implementation of the program. Ordinance NS-3022 requires registration forms and disclosure reports to be filed using the City Clerk’s electronic filing system. While the web-based form has been sufficient in obtaining general registration information, it is inadequate for filing quarterly and annual reports and does not meet the electronic filing system requirement of the ordinance. The City Clerk’s Office already contracts with NetFile for online subscription services to facilitate required Fair Political Practices Commission (FPPC) filings such as campaign disclosure reports and Statements of Economic Interests (Form 700). NetFile Lobbyist Filing System February 4, 2025 Page 2 4 8 2 0 has a Lobbyist E-Filing and Administration System which meets the City’s needs for an electronic filing system for the Lobbyist Program. The NetFile system is familiar to many users, provides an administrative component for staff to manage deadlines and communications, and provides transparent access to the public for filed forms and reports via a search page. Approval of the amendment to the NetFile agreement will allow staff to implement the lobbyist electronic filing system and work with existing and future lobbyists to file their registration forms and quarterly and annual reports while making all forms and reports publically available. Approval will also authorize payments for lobbyist services provided by NetFile since November 20, 2024. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the pro-rated amount of $6,584 for Fiscal Year 2024-25 are available in the City Clerk’s Contract Services-Professional expenditure account. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Unit-Account# Fund Description Account Unit, Account Description Amount FY 2024- 25 01107031- 62300 City Clerk Contract Services - Professional $6,584 FY 2025- 26 01107031- 62300 City Clerk Contract Services - Professional $9,500 FY 2026- 27 01107031- 62300 City Clerk Contract Services - Professional $9,500 Total $25,584 EXHIBIT(S) 1. Amendment to Agreement with NetFile Submitted By: Jennifer L. Hall, City Clerk Approved By: Alvaro Nuñez, City Manager FIRST AMENDMENT TO AGREEMENT WITH NETFILE, INC. TO PROVIDE ONLINE SUBSCRIPTION SERVICES FOR FPPC FILING THIS FIRST AMENDMENT to the above-referenced agreement is entered into on February 4, 2025, by and between NetFile, Inc. a California non-profit corporation (“Contractor”), 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-2022-154 (“Agreement”) dated August 1, 2022, to provide online subscription services for FPPC filings. B.The term of the Agreement runs through July 31, 2025, is current and in-effect, and allows for the Parties an option to extend the term of the Agreement for a two (2) year period. C.The parties now wish to amend the Agreement to exercise the two-year option to extend the term of the Agreement; amend the scope of services to include additional services; increase the overall compensation to account for the additional services and extension of the term of the Agreement; and allow for the City to compensate the Contractor for services provided to the City. No other changes are contemplated by this Amendment. The Parties therefore agree: 1.Section 1, Scope of Services, is hereby amended to include Exhibit A-1 to this First Amendment, attached hereto and incorporated by reference. 2.Section 2, Term, is hereby extended, pursuant to the right of the parties to exercise their option to extend the Agreement, through July 31, 2027. 3.Section 3, Compensation and Payment, is hereby amended and revised to read as follows: a.Contractor will provide the use of the Campaign Disclosure System and Statement of Economic Interests system (up to 350 SEI filers) at an ongoing discounted rate of $19,000, per year, commencing August 1, 2022. b.Contractor will provide the additional services, as detailed in Exhibit A-1, for the remaining term of the Agreement, including during the exercised extension, for $25,584. This amount includes the annual base amount of $9,500, per year, and a prorated amount of $6,584 for services which commenced on November 20, 2024. City shall recognize and compensate Contractor for said services rendered since November 20, 2024. c.The total amount to be expended during the term of this Agreement shall not exceed $120,584. d.City has the option of paying on an ongoing quarterly basis for Services provided by Contractor billed in advance of the quarter instead of one annual payment. No interest or finance charges will be incurred if the City chooses the quarterly payment option. City will pay Contractor within forty-five (45) days of City's receipt of invoice. If for any reason the contract is terminated prior to the paid through date by the City, Contractor will reimburse City any unused amount within ten (10) working days from the termination date. 4. 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. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney B y: ____________________________ Kyle Nellesen By: Assistant City Attorney Title: Tom Diebert VP & CFO 2707‐A Aurora Ct Mariposa, CA 95338 Phone (209) 742‐4100 SERVICE AGREEMENT USER INFORMATION USER NAME City of Santa Ana USER NAME – BILL TO SAME ADDRESS 20 Civic Center Plaza (M‐30) ADDRESS CITY Santa Ana STATE CA ZIP 92701 CITY STATE ZIP PRIMARY CONTACT Kelly Flores PHONE # (714) 647‐5346 AP CONTACT PO # EMAIL kflores@santa‐ana.org FAX AP EMAIL AP PHONE # SYSTEM INFO & FEATURES System Cost per System Lobbyist E‐Filing & Admin system $9,500/year First year prorated 11/20/24 – 7/31/25: $6,584 Start date: 11/20/2024 Annual pricing is good through 7/31/2027 Features of NetFile Systems ‐Hosted platform provided by NetFile ‐ Unlimited support and training to User ‐24/7/365 access ‐ Includes Training Tracking ‐Admin application to manage filers & filings ‐ Includes Communication (Comms) system ‐Interactive training to meet AB1234 guidelines ‐ E‐mail based support to filers AUTHORIZATION U S E R A G R E E S T O P A Y N E T F I L E F O R S E R V I C E S I D E N T I F I E D I N ACCORDANCE W ITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. AGREEMENT TERM IS STARTING ON THE DATE IDENTIFIED ABOVE. YOU ACKNOWLEDGE RECEIPT AND AGREE TO THE TERMS AND CONDITION S OF THIS AGREEMEN T AND ACKNOWLEDGE THAT THE AGREEMENT IS NOT BINDING ON NETFILE UNTIL SIGNED BY BOTH PARTIES. COMPANY NetFile, Inc. AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE PRINT NAME PRINT NAME Tom Diebert TITLE TITLE Vice President DATE DATE 12/5/2024 Exhibit A-1 to Agreement A-2022-154