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25A - AGMT - FEDERAL GOVERNMENT LIAISON SRVS
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2013 TITLE: AGREEMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT OF WASHINGTON, D.C. Y"MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1ST Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO -? 13 FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement for government liaison services with Holland & Knight, based on the terms set forth in the attached draft agreement, in an annual amount not to exceed $84,000 for a 1 year term, with the option, at the City's discretion, of up to four one-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Local government agencies rely upon the expertise of federal government consultants to represent their respective government agencies in Washington D.C. This service typically includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. Federal government liaison services are also essential in identifying funding opportunities and grant applications and other special programs for which the City may qualify. In the past year, the City has benefited from these services as we secured congressional support on grant applications submitted to the U.S. Department of Labor for a Workforce Innovation Grant and a H1- B Bridge to Engineering Grant; the latter was awarded $5 million over five years. In September 2012, staff was directed to prepare a Request for Proposals (RFP) for federal government liaison services. RFP 12-075 for Federal Government Liaison Services was released on November 21, 2012. Pursuant to the City's Standard Operating Procedures for RFP's, RFP 12- 075 was posted on the City's website and it was released to 50 consulting firms specializing in federal government liaison services. The 50 consulting firms were randomly selected from a list of 250 of the top consulting firms in the nation. Of the 50 firms solicited seven submitted proposals. 25A-1 Holland & Knight Agreement April 1, 2013 Page 2 All seven proposals complied with the basic requirements of the RFP and therefore each firm was notified that their respective proposals qualified to be included in the interview rating panel process. On January 17, 2013, a three-member rating panel consisting of representatives from the Public Works Agency, Parks, Recreation, and Community Services Agency, and the Community Development Agency convened to review each of the proposals and rate them in accordance with the following criteria as set forth in RFP 12-075: 1. Responsiveness to the RFP 2. Implementation Plan 3. Experience of the Firm/Personnel 4. Cost of Proposal Proposals were rated individually by each panel member on the basis of a possible 100 points. Each proposal received a total score by adding points assigned by each of the three panelists, for a possible total of 300 points. At the conclusion of the meeting, the rating panel selected the top three proposals based upon the final scores: Consultant Firm Final Score Rankin Proposal Holland & Knight 261 1 The Ferguson Group 257 2 Patton Boggs 256 3 The top tier consultant firms were invited to participate in the oral interview process to allow staff to further assess their respective proposals. On February 26, 2013, the top tier consultant firms were interviewed by an oral interview selection panel consisting of the City's Acting Chief of Police, the Executive Director of Public Works, and the Executive Director of Government Relations for the Orange County Transportation Authority. Each consultant firm was allotted one-hour to give a presentation outlining their services and to answer questions from the selection panel members. The selection panel ranked the interviews and proposals based upon the following criteria detailed in the RFP: 1. Overall qualifications of proposed team and experience in the required areas. 2. Demonstrated prior experience with similar operations in the public/private sectors. 3. Project management acumen including ability to effectively work together with city staff, customers and stakeholders. 4. Oral communication/interpersonal skills. Similar to the rating panel process, proposals were rated individually by each oral interview selection panel member on the basis of a possible 100 points. Subsequently, each panel members' individual scores were tallied and totaled according to each proposal, for a total possible 25A-2 Holland & Knight Agreement April 1, 2013 Page 3 300 points. At the conclusion of the meeting, the rating panel scored the proposals in the top tier based upon the final scores: Consultant Firm Final Score Rankin Proposal Holland & Knight 286 1 The Ferguson Group 275 2 Patton Boggs 273 3 Holland & Knight scored highest in the initial interview rating panel process and highest in the oral interview process. Based on the oral interview panel's assessment staff believes that Holland & Knight's proposal and oral interview demonstrated a level of knowledge, professionalism, and competency that exceeded all other proposals. Therefore, the selection panel recommends that the City execute an agreement with Holland & Knight to represent the City's interest in Washington D.C. FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601-62300) and General Fund Legislative Affairs (no. 01104012-62300). APPROVED AS TO FUNDS AND ACCOUNTS: I ? Raul Godinez Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25A-3 25A-4 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1" day of April, 2013 by and between Holland & Knight, LLP (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing government liaison services. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 provide government liaison and lobbying services to the City, as set forth in Consultant's Proposal dated December 12, 2012, attached as Exhibit A to this Agreement and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of seven- thousand dollars ($7,000.00) per month for time spent by Consultant in the performance of this Agreement and out of pocket expenses. The total amount payable under this Agreement shall not exceed eighty-four thousand dollars ($84,000.00), annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of monthly invoice, subject to City accounting procedures. 3. TERM This Agreement shall commence on April 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 11, below. 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 25A-5 provided in a manner consistent with all applicable standards and regulations governing such services. Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not employees of City. 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, and employees from and against any claims, demands, suits, actions or proceedings, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 6. 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. 7. CONFLICT OF INTEREST CLAUSE Consultant has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. City acknowledges that Consultant may represent other clients in Washington D. C. during the term of this Agreement. If a potential conflict of interest arises due to this representation, Consultant shall notify the City, in writing, immediately and provide the name and address of each client under contract. REPRESENTATIVES AND NOTICE The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager/Council Support Office 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6954 2 25A-6 To Consultant: Holland & Knight LLP 800 17'h Street NW, Suite 1100 Washington, D.C. 20006 Fax Attn: Eve O'Toole, Senior Policy Advisor 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor 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. 10. ASSIGNMENT Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. 11. TERMINATION This Agreement may be terminated at any time by mutual agreement of the parties hereto or by thirty (30) days written notice by either party to the other. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. /// 3 25A-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager HOLLAND & KNIGHT, LLP (NAME) (Title) 4 25A-8 EXHIBIT A RESPONSE TO REQUEST FOR PROPOSAL FEDERAL GOVERNMENT LIAISON SERVICES DECEMBER 12, 2012 5 25A-9 e k, t. z a Holland & Knight 800 17' Street NW, Suite 1100 1 Washington, DC 20006 1 T 202.955.3000 1 F 202.955.5564 Holland & Knight LLP www.hklaw.com Eve M. O'Toole 202.419.2505 eve.otoole@hklaw.com December 12, 2012 Via Overnight Mail Paul M. Walters, City Manager City Manager's Office 20 Civic Center Plaza Santa Ana, CA 92701 Re: Response to RFP 12-075, Federal Government Liaison Services Dear Mr. Walters: Thank you for the opportunity to present our credentials to the City of Santa Ana to provide federal government liaison services to promote the City's interests in Washington, D.C. Our Holland & Knight team will work with the City to promote its vision for the future, together with its funding and policy goals, before Congress, the executive branch and regulatory agencies. Over the years, we have offered a bipartisan, comprehensive and, above all, successful approach to federal relations for local government clients and would like to do so for Santa Ana. As both a law and lobbying firm, Holland & Knight is comfortable representing clients in every venue in Washington, from the halls of Congress to the White House to the Supreme Court. We also have the expertise and personnel to coordinate lobbying with public relations, regulatory, and litigation activities as needed in order to achieve your objectives. We have a long history of representing California local governments and public entities in Washington, and maintain strong working relationships with the City's congressional delegation, the full California congressional delegation and California Senators. This includes representing clients such as the City and County of San Francisco, the City of Fremont, the City of Richmond, the City of West Sacramento and the League of California Cities. In Los Angeles, we represent many public entities such as the Los Angeles Community Development Commission, the Los Angeles County Metropolitan Transportation Authority and the Los Angeles County Office of Education. Our efforts are often recognized for their excellence. In a recent survey, The National Law Journal ranked us among the top five most successful lobbying firms in the nation. On the legal side, the Best Lawyers in America selected 21 Holland & Knight government lawyers for inclusion in its 2013 guide. Because of Holland & Knight's in-depth experience in addressing local government funding priorities, our team is able to obtain federal resources for a wide spectrum of local needs. This includes transportation and related infrastructure, water and wastewater systems, housing, homeless assistance, community and economic development, public safety initiatives, public health and social services and energy, environmental enhancement and sustainability projects. Our record of success defines us, resulting in significant federal funding for local government entities. This letter constitutes a representation by Holland & Knight that the firm is willing and able to perform the commitments contained in RFP 12-075. 1, Eve O'Toole, a senior policy advisor at 25A-11 Holland & Knight, will serve as your federal advocacy manager. Dan Maldonado, who also serves as a Holland & Knight senior policy advisor, will serve as the City's day-to-day point of contact. My contact information is above. If you have any questions or comments, please do not hesitate to contact me directly. Thank you for the opportunity to submit this qualification statement. We would consider it a privilege to represent and assist Santa Ana in achieving its funding, legislative and regulatory objectives. Very truly yours, Holland & Knight LLP Tom ve O'Toole, Senior Policy Advisor 25A-12 Firm and Personnel Experience ........................................................................ ...............1 ................................ Implementation Plan .......................................................... Statement and Rate Proposal ..........................................................................................................................18 References ....................................... Exceptions and Deviations ....................................................................................... 20 ........................................ Disclaimer: The information provided in this handout is general information and not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult with legal counsel. Copyright © 2012 Holland & Knight LLP. All rights reserved. # 11854740 25A-13 Overview Founded in 1968, Holland & Knight is a limited liability partnership with approximately 1,000 lawyers and government advocacy professionals in 17 U.S. offices, including Los Angeles and San Francisco, as well as international offices in Mexico City, Abu Dhabi, Beijing and Bogota. Holland & Knight directs the majority of its government advocacy through our Public Policy & Regulation Group. The group, comprised of 70 senior policy advisors and attorneys primarily based in Washington, D.C., provide public and private sector clients with lobbying and representational expertise and experience. The firm's Public Policy & Regulation Group is widely known as one of the most successful and respected government advocacy practices in Washington, D.C., and includes a bipartisan group of former members of Congress, former high-ranking executive branch officials, chiefs of staff, professional committee staff and congressional policy advisors as well as experienced lawyers, senior policy advocates and professionals from a broad range of industries, local government, state and federal agencies and advocacy organizations. Several features that make our Washington team effective are: Bipartisanship. We have built a successful government affairs practice through our depth of experience and diversity - and by maintaining a bipartisan approach. We are a truly bipartisan group comprised of individuals with distinguished past service in both parties. These senior members of the group provide us with access to policymakers in either party, including the chairmen and ranking members of key committees and the White House. While some firms fluctuate depending on which party is in power, Holland & Knight remains steady election after election by nurturing longstanding relationships on both sides of the aisle while advocating on behalf of our clients. Team-Based Approach. We dedicate the personnel needed to provide the depth of relationships and substantive knowledge to cover the full range of issues outlined in the RFP. We provide a core team with one or two relationship managers, and then draw upon the resources of other senior advocacy professionals across the firm as appropriate to meet your needs. This organizational structure provides clients with a significant advantage that does not exist when hiring individuals in other advocacy organizations. They largely operate as independent actors or only have meaningful relationships with one body of Congress or one political party. Holland & Knight prefers the team approach. We meet regularly to share intelligence, coordinate advocacy activities and develop client action plans. A number of seasoned legislative aides provide support to the entire organization with their ability to track, monitor and report on legislative and regulatory developments in a timely manner. Policy and Funding. Washington insiders such as The Hill and Roll Call newspapers recognize Holland & Knight for its substantial experience in both these arenas. Our lawyers and professionals are former staff members of the authorizing and appropriating committees - or even former members of the committees themselves. We maintain deep and regular contact with the members and staff of the committees. We know the unwritten committee rules and how and when to intervene to secure legislative language and funding streams for clients. Holland & Knight Confidential Presentation for the City of Santa Ana 1 1 25A-14 Your Holland & Knight Team Eve O'Toole, Federal Advocacy Manager and White House Counsel Ms. O'Toole currently represents cities from San Francisco to Philadelphia, San Francisco International Airport, Port of San Francisco, the Los Angeles County Community Development Commission, San Mateo County's transportation agencies, and the 480-member League of California Cities, where she previously served as head of its Washington, D.C., office. With close working ties to Congress, the California delegation, and the executive branch, Ms. O'Toole has a strong record of advancing a wide range of interests. Dan Maldonado, Day-to-Day Contact Mr. Maldonado brings a record of over 30 years of advocacy on behalf of California local governments to the team, including his current work for the City and County of San Francisco, the Los Angeles County Community Development Commission, the Los Angeles County Office of Education and the San Bernardino County Office of Education, the Tejon Ranch Company and the California cities of Richmond and Fremont. Through this work, Mr. Maldonado has established strong working relationships with the full California congressional delegation, both Republicans and Democrats and California Senators. He also works closely with key members on the House and Senate Appropriations Committees. Lynn Cutler, White House and Senior Democratic Counsel Ms. Cutler joined the firm after serving as senior staff to President Clinton on Jeffrey Boothe, Transportation Specialist Intergovernmental Affairs. Her responsibility in the White House included advocacy for cities, counties and tribal governments. Since coming to Holland & Knight, Ms. Cutler has been active with the U.S. Conference of Mayors, serving for two years as co-chair of the Mayor's Business Council. She is also active in the Democratic Governor's Association, and the Large Urban County Caucus of the National Association of Counties. Ms. Cutler also maintains close ties to the National League of Cities. Mr. Boothe is nationally recognized on matters relating to transportation policy, and brings over 25 years of experience in providing federal advocacy leadership to local government and transportation clients covering funding, legislative and regulatory work on BRT, light rail and sustainable development and pedestrian access corridors. He is experienced in representing local transportation entities seeking federal appropriations, project authorization, negotiating Full Funding Grant Agreements (FFGAs) and sustainable development. Prior to entering private practice, Mr. Boothe spent 10 years on Capitol Hill as a legislative assistant to Sen. Mark Hatfield, R-Ore., and as a professional staff member on the U.S. Senate Appropriations Committee. Lauri Hettinger, Infrastructure & Senate Republican Liaison Ms. Hettinger provides federal advocacy to local governments to support their transportation and water infrastructure needs utilizing her close relationships z,, with House and Senate infrastructure authorizing committees, the U.S. Department of Transportation and the Army Corps of Engineers. Prior to joining Holland & Knight Confidential Presentation for the City of Santa Ana 1 2 25A-15 Holland & Knight, Ms. Hettinger served as staff director for the Senate Environment and Public Works Committee's Subcommittee on Transportation and Infrastructure Ranking Member George Voinovich, R-Ohio. Kathryn Lehman, House Republican Liaison A 15-year veteran of Capitol Hill, Ms. Lehman has significant and wide-ranging experience, having worked closely with the White House, administrative agencies, House and Senate leadership and committees, political committees and other key r members of government. Prior to entering private practice, Ms. Lehman served as i r 1 chief of staff for the House Republican Conference. Her career began as counsel on the House Judiciary Committee Staff. She later served as special assistant to then-Speaker Newt Gingrich, R-Ga., as policy director to House Majority Whip Tom DeLay, R-Texas, and director of coalitions and outreach for Speaker J. Dennis Hastert, R-111. Lisa Barkovic, Public Safety Liaison Providing grant support to the City will be Public Affairs Advisor Lisa Barkovic. Her close ties in DOJ and DHS' Grants Programs Directorate continue to provide clients with unique access opportunities, advanced notice of new DOJ, DHS and T3 FEMA funding opportunities as well as opportunities to give early input on the department's development of proposed regulations for new grant solicitations. In addition, she works closely with USCM, NLC and National Association of Counties (NACo) in advocating for full funding in annual appropriations for DOJ, DHS and FEMA local government grant programs. Scope Of Services A. Consultant will act as a Washington Representative to the City in Washington, D.C. To achieve success in Washington, the City of Santa Ana needs an aggressive, experienced and results-oriented team of strategists and advocates to serve on the City's behalf. Holland & Knight understands your federal issues and funding priorities and stands ready to assist. We are fully committed to helping the City achieve its federal objectives. We have a long and successful track record in advocating on behalf of municipal governments on a broad range of issues. These include multi-modal transportation; water and sewer infrastructure; sustainable community revitalization; affordable and low-income housing; economic development; energy conservation and greening program implementation; public safety, homeland security and workforce development. Our experienced team will use our strong working relationships with the Santa Ana and greater California delegation, House and Senate committees, the White House and key federal departments and agencies. We will work on all fronts to advance the City's federal priority projects and issues in a fast, highly partisan legislative environment. B. The Consultant will confer with the City Manager and such other City personnel as he may designate at the times and places mutually agreed to by the City and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to utilize federal programs. Holland & Knight Confidential Presentation for the City of Santa Ana i 3 25A-16 If selected, Holland & Knight will serve as an extension of Santa Ana in Washington, D.C. We will work with the City to craft its positions and develop its message on legislative, regulatory and operational issues affecting your City. We will work with you to keep your voice on critical legislative issues front and center before federal policymakers. As opportunities present themselves, and as the City's priorities evolve, we will adjust the federal agenda that we created together at the start of our partnership. While we will not hesitate to make recommendations, it is our intent to involve the City in every aspect of this process. As your advocates, we help you shape public policy decisions through careful, strategic positioning. Together, we will achieve your goals to benefit the citizens of Santa Ana. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives. Consultant shall coordinate such other services. We would gladly coordinate services with other representatives if the City hires them. Our Washington, D.C., office is our largest, and is home to more than 70 individuals - including lawyers, senior policy professionals and experienced legislative associates. All of them would be at the City's service if selected and would work on a team basis. We have also worked in collaboration with other consultants to support a client's objectives. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs We monitor pending regulations and legislation as a matter of course for our clients. We will provide the City with reports on specific action that affects it directly. We are also skilled at stopping harmful regulations and legislation for our clients that are often born in committee meetings. For example, our public safety team helped lead an effort to raise concerns regarding FEMA's proposal to consolidate the current homeland security grant programs into a new National Preparedness Grant Program (NPGP) for FY 2013. Both the House and Senate Appropriations Committees rejected FEMA's plan after hearing consistently from our coalition of local governments. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. As we do for many of our municipal clients, Holland & Knight will provide a monthly activity report and additional communications, which will include: • A monthly report with the status of legislative, regulatory, and public affairs initiatives we are addressing for the City. • "Eyes on Washington" weekly updates, which offer our clients the latest information on key developments in Congress and the executive branch. • Weekly Grant Notifications. Each week, we provide our clients with information regarding recently announced federal grant opportunities. We comb through the Federal Register, Grants.gov, and other resources to identify specific funding that may be of interest. We provide this service to our clients as part of our regular legislative efforts. • Strategic Grant Analysis. Should the City decide to pursue a particular grant opportunity, we are available to assist in mapping a strategic plan to pursue the grant, address selection Holland & Knight Confidential Presentation for the City of Santa Ana 1 4 25A-17 criteria, emphasize certain project aspects that the agency may be more focused on in a particular round of funding, as well as work with the City to organize the necessary political support to strengthen the City's grant application package. Beyond scheduled calls and written updates, our team will be in regular phone and email communication with the City on developments related to federal action on the City's priorities and provide the City with legislative and regulatory analysis of all related federal activity. We understand that important issues arise beyond the normal workday and we make ourselves readily available. We feel strongly about ensuring you feel a part of our day-to-day advocacy efforts in Washington and are always up to speed on our activities and progress. In terms of ongoing communication, the advocacy team members are available to the Mayor, City Council, City Manager, and key City personnel regardless of office hours. We feel strongly about ensuring that even if you are 2,666 miles away, we are working with you as a team in our day-to- day advocacy efforts in Washington and you are always up to speed on our activities and progress. F. At the request of the City Manager, Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies. With the new federal legislative and budgetary realities that no longer include appropriations earmarks, organizing and implementing an effective approach to federal competitive grants advocacy is essential to achieving the City's funding goals in Washington. Holland & Knight is highly skilled in assisting local governments pursue and secure federal grant funding across a broad range of funding categories, which includes multi-modal transportation, housing, community and economic development, public safety, energy efficiency, environment and sustainable development and health and human services. Specific examples of our work in these areas appears in the Implementation Plan section of this proposal, which begins on page 9. In addition to thoroughly reviewing and discussing with the City its federal proposals and grant applications, your Holland & Knight advocacy team will work with you on the refinement and execution of the City's interaction with federal departments/agencies. This will include: • Arranging meetings with relevant departments/agencies to discuss City initiatives, respond to questions, gather intelligence regarding funding plans, and gain inclusion in the annual administration budgets. • Developing strategies to position Santa Ana with department and agency officials early in the process so that grant guidelines include the City's ideas for innovative programs, as well as creating a broad coalition effort to effectively advance your priorities. • Keeping the City informed of opportunities to participate in agency programs and activities that provide the opportunity for the Mayor, City Council, City Manager and key City personnel to cultivate important relationships and raise Santa Ana's profile. We will also work with the Santa Ana congressional delegation to solicit support for grants through letters or contact with agency heads and staff, using our close relationships with the Administration to lobby on the City's behalf, and developing and working with the City to implement a successful grant advocacy strategy. Holland & Knight Confidential Presentation for the City of Santa Ana 1 5 25A-18 G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. Holland & Knight maintains close working relationships with the City's congressional delegation and California Senators and will work closely with them to achieve success on the City's federal priority objectives, including having regular meetings with the members' and Senators' senior staff and strategizing on next steps with your proactive participation. In line with this effort, the team will: • Recommend and perform appropriate liaison and follow-up work with members of Congress and their staffs on behalf of the City. • Identify the critical times in the federal legislative or budgetary processes for the City to contact congressional members or Administration officials to advance a City project or issue or support a priority local government funding program. • Determine key local and regional events for the City's House and Senate delegation and top Administration/federal agency officials' participation. • Sustain delegation's interest in the City's project priorities through key visits in which business and community support can be effectively highlighted. • Identify pivotal times in the federal process for the City to contact or meet with congressional members and Administration officials. We would guide you in developing concise talking points, briefing materials and other preparatory materials for each meeting or contact. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. Holland & Knight will make all arrangements necessary for the City to send a delegation to Washington, D.C., and key national conferences, just as we have for other municipal clients over the years. We will undertake to: • Arrange meetings with the City's congressional delegation, California Senators, key House and Senate members from other states, White House, and key department and agency officials; and arranging meetings with mayors and key organizational leaders to work in coalition around critical issues. Create opportunities for elected officials to provide testimony to Congress, and serve on national committees. If selected to testify, it is standard practice for Holland & Knight professionals to assist you to make your testimony compelling and effective in achieving your goals. Provide advance work, including developing talking points, briefing materials, position papers, justification packets, and making appointments. We also will assist you in developing the City's resolutions before national local government conferences and securing co-sponsorship by other city officials. Holland & Knight Confidential Presentation for the City of Santa Ana 6 25A-19 • Provide assistance with travel logistics for Washington visits, including local transportation and meals for working meetings. 1. Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications Developing a regular pattern of contacts with agency officials is an essential element of a successful funding strategy for the City. The advocacy team will work with the City to contact federal departments/agencies with regard to the City's grant proposals at strategic times in the grant application cycle, as well as corral the necessary local, regional and federal political support to improve the probability that the City will succeed in securing funding. Examples of our funding successes utilizing this strategy for other clients are available in the "Implementation Plan" section of this proposal. J. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. Holland & Knight would consider it a privilege to be your Washington Representative and act in your name as we perform our services in the nation's capital. Our local government group excels at funding and policy advocacy in all areas of local government services. Our bipartisan strength is based on having on board senior policy experts and advocates from both parties, including former members of Congress, former high-ranking executive branch officials, chiefs of staff, professional committee staff and congressional policy advisors as well as experienced lawyers, senior policy advocates and professionals from a broad range of industries, local government, state and federal agencies and advocacy organizations. Organization Chart Name &Title 'Role & Responsibility Eve O'Toole, Federal Advocacy Manager Oversees entire federal advocacy program for the City, responsible for task assignments and deliverables, and manages all federal funding strategies. Capability: Public infrastructure, housing, economic, community and workforce development; coverage of federal housing, community and workforce development and health departments and agencies, House and Senate community development authorizing and appropriations committees; House Democratic leadership; City's congressional delegation; California congressional delegation and Senators; the White House and national local government coalitions. Dan Maldonado, Day-to-Day Contact In addition to day-to-day contact, provides strategy development and implementation on the City's economic, community and workforce development project priorities; alerting City to related federal opportunities. Capability: Housing, economic, community and workforce development and local finance programs; coverage of funding opportunities in these policy areas, City's congressional delegation; California congressional delegation and Senators; House Appropriations Committee. Holland & Knight Confidential Presentation for the City of Santa Ana 1 7 25A-20 flame & Title Role & Responsibility Lynn Cutler, Assists with overall strategy and development of federal White House and Senior Democratic program. Counsel Capability: Provides coverage of Democratic leadership and top officials at the White House. Also assists with U.S. Conference of Mayors and other groups. Jeffrey Boothe, Provides strategy development and implementation on the Transportation. Specialist City's public transportation priorities. Capability: Public transportation infrastructure programs and funding opportunities; coverage of House and Senate transportation authorizing and appropriations subcommittees , federal public transportation departments and agencies; coverage of public transportation coalitions. Lauri Hettinger, Provides strategy development and implementation on the Infrastructure & Senate Republican Citys priority transportation and water infrastructure projects Liaison , coverage of Senate GOP members. Capability: Transportation, water infrastructure and environmental programs and funding opportunities; coverage of Senate infrastructure and natural resources authorizing and appropriations committees and Senate Republicans. Kathryn Lehman, Assists with overall strategy and development of federal House Republican Liaison program. Capability: Covers strategies, meetings, and briefing issues related to House Republican leadership and Committee Chairs and members, including authorization and appropriations relationships; coverage of California House Republicans. Lisa Barkovic, Provides strategy development and implementation on the Public Safety Liaison City's public safety priorities. Capability: Public safety and homeland security programs and funding opportuniities; coverage of National Association of Counties (NACo) in advocating for full funding in annual appropriations for DOJ, DHS and FEMA local government grant programs. Holland & Knight Confidential Presentation for the City of Santa Ana i 8 25A-21 Consultant shall submit a general description of the deliverables and timelines to provide federal government liaison services. Overview Holland and Knight will function as a strategic extension of Santa Ana in Washington, D.C. As stated previously in this proposal, we will work with the City to organize and message Santa Ana's positions on legislative, regulatory and operational issues impacting the City. We will also partner with you to keep your voice on critical legislative issues front and center before federal policymakers. As your advocates, we help you shape public policy decisions through careful, strategic positioning. We know how, where and when to intervene to achieve desired results. To accomplish this, Holland & Knight's team would take a comprehensive bipartisan approach to developing successful lobbying strategies for Santa Ana if selected for this assignment. We would begin our working relationship by organizing an intensive strategic planning session with you to discuss the City's policy and funding priorities; focus on key legislative and agency processes as well as political and budgetary dynamics; and develop strategies and tasks required for Santa Ana to achieve success for each priority. Based on this session and the exchange of information and feedback, we will then produce a Comprehensive Strategy and Advocacy Plan. This plan will be the blueprint for pursuing each priority issue with clear assignment of tasks, accountability, and ongoing assessment of progress being made to achieve each objective. We will delineate for each funding and policy priority: legislative options, agency program considerations, political and budgetary pressures, timing and best course of action. As needed, we also will work with you to evaluate the strengths of your existing relationships, including those entities and stakeholders with whom you have worked with or joined in coalitions in the past. We will combine this effort with our comprehensive knowledge of the departments/agencies and congressional players, and our working relationships with them, in order to cultivate them as primary and secondary champions for your agenda. This includes targeted outreach to thought leaders such as think tank experts and stakeholders such as advocacy groups that will support our effort and embrace the opportunity to advance the City's policy goals. Our team will be able to meet with you in Santa Ana or elsewhere as requested. Holland & Knight is a national law firm with several offices across the country, including Los Angeles and Washington, D.C., giving us the capability to host meetings and events as needed. We can help you meet your goals because of the broad and deep reach of our team in all aspects of the legislative and regulatory process in Washington. Across issues, venues, and objectives, we are a coordinated, practiced group that can work together on Santa Ana's behalf. Holland & Knight Confidential Presentation for the City of Santa Ana 1 9 25A-22 Timeline Below is a schedule of activities that we would propose to pursue if selected for this assignment. Given the variations in the legislative and regulatory process, this is only an estimate of what the exact effort would entail. January 2013 • Site visit to Santa Ana and meetings with key personnel and City staff; discuss federal political dynamics, environment and areas of potential federal opportunity, assess City priority initiatives and develop federal agenda for consideration; develop written plan of action to implement federal agenda. • Monitor and update City on opening session of 113th Congress. • Provide input to Congress and City's congressional delegation on City's priorities as Congress continues sequestration reforms and begins FY 2014 budget and appropriations discussion. • Meet with relevant congressional staff and agency officials to discuss City's innovative initiatives and gain intelligence on department/agency priorities and key areas of concentration for upcoming grant opportunities. January - February 2013 • Finalize federal agenda and written plan of action to implement federal agenda. • Evaluate and respond to the President's FY 2014 budget proposal, and discuss in the context of the City's priorities with City's congressional delegation, key local government stakeholder organizations (U.S. Conference of Mayors, National League of Cities, National Association of Counties, League of California Cities, California State Association of Counties), and urban area representatives from across the country. • Monitor congressional action on sequestration and FY 2013 appropriations bills and engage the City's congressional delegation on the City's priorities with respect to these efforts as necessary. • Identify and alert City to pending grant opportunities capable of supporting the City's priority local projects and initiatives. • Provide update on pending and developing legislative and regulatory activity pertinent to the City's interests. February - April 2013 • Schedule and participate in meetings with City, relevant congressional staff and department/agency officials. • Assist the City with development and implementation of effective strategies to approach upcoming federal grant opportunities. • Draft legislative language and program requests as necessary. • Continue to identify and alert the City to new and upcoming grant opportunities. Holland & Knight Confidential Presentation for the City of Santa Ana 1 10 25A-23 Assist the City to develop FY 2014 programmatic funding priorities and share with City's congressional delegation, California Senators and local government stakeholder organizations and urban area representatives to develop coalition support for the City's priorities. April - June 2013 • Follow up with the City's congressional delegation, California Senators and key committees, including meetings with appropriations and authorizing committees on the City's federal priorities. • Maintain close communication with the City's congressional delegation, California Senators and key congressional and department/agency staff on the City's priorities. • Monitor budget and appropriations hearings as they relate to the City's priority federal programs. • Identify and alert City to pending grant opportunities capable of supporting the City's priority local projects and initiatives. • Provide update on pending and developing legislative and regulatory activity pertinent to the City's federal interests. June - September 2013 • Schedule meetings with federal departments/agencies as needed to advocate for grant opportunities to support the City's local projects and initiatives. • Assist City with organization of necessary local, regional and federal political support to present the most compelling federal grant application packages possible. • Provide input to congressional delegation, California Senators and congressional appropriations committee leaders on City's programmatic funding priorities in FY 2014 appropriations legislation. • Ongoing work on appropriations issues, including around markups. • Provide input to Administration on the President's FY 2015 budget. • Identify and alert City to pending grant opportunities capable of supporting the City's priority local projects and initiatives. • Provide update on pending and developing legislative and regulatory activity pertinent to the City's federal interests. October-December 2013 Conduct advocacy on City's programmatic funding and legislative policy priorities as Congress makes final negotiations on FY 2014 appropriations legislation and works to wrap up business for the year. Continue to provide strategic support to the City on its federal grant funding requests. Evaluate 2013 outcomes and work with City to prepare federal agenda for coming year based on congressional and administration priorities and political landscape. Holland & Knight Confidential Presentation for the City of Santa Ana 11 25A-24 Funding Successes With Holland & Knight Per the RFP, the City seeks assistance in identifying funding opportunities and grant applications and other special programs for which the City may qualify. Below are detailed descriptions of the federal departments listed in the RFP where Holland & Knight has had funding and policy successes with other clients: U.S. Department of Housing and Urban Development Holland & Knight has one of the premier housing and community development advocacy teams in Washington, D.C. We have been retained by local governments nationwide spanning from San Francisco to the District of Columbia, to ensure positive policy and funding results through the appropriations, authorization and agency decision-making processes. The team has consistently proven our strength utilizing our strong relationships with the House and Senate housing authorizing committees and appropriations subcommittees, as well as with HUD's offices of Public and Indian Housing (PIH), Community Development and Urban Planning (CPD), Sustainable Communities and Congressional and Intergovernmental Relations, putting our clients' success above all else. Our team has a strong track record in the area of housing, having provided federal advocacy services for the second-largest housing authority in Southern California for the past 15 years. We have also provided these high-quality services to a number of other local government housing authorities throughout the country. Primary focus areas of the community development team in the area of housing include the Section 8 program, the Choice Neighborhoods Initiative (CNI) and the HOME Investment Partnership Program (HOME). On the Section 8 program, our team has worked closely with the Department of Housing and Urban Development (HUD), members of the House Financial Services Committee as well as the Senate Banking, Housing and Urban Affairs Committee and housing advocacy groups - including the National Association of Housing and Redevelopment Officials (NAHRO) and the National Low- Income Housing Coalition (NLIHC) - on efforts to reauthorize and reform the Section 8 program. This is currently pending before Congress. We have also played a key role in working with national local government organizations to increase funding for new Section 8 vouchers through the annual appropriations process. We also worked to oppose a HUD proposal from the previous Administration to block grant the Section 8 program to states, which was defeated. With regard to the HOME Investment Partnership Fund program (HOME), our community development team has closely coordinated efforts with U.S. Conference of Mayors, the National League of Cities, and the National Association of Counties, among other groups, in advocating for full funding for the programs over the last several federal appropriations cycles, as Congress sought to reduce funding for this critical program. As part of this effort, Holland & Knight organized a grassroots campaign to protect HOME, mobilizing 482 cities across California through the League of California Cities to weigh in with their 53-member congressional delegation to urge preservation of funding for the program. This campaign has been successful, yielding an increase in House funding for the program in the chamber's FY 2013 version of the Transportation-HUD Appropriations bill. With regard to HUD competitive grants, our team has worked closely with the firm's local government clients to prepare them to seek funding under HUD's Choice Neighborhoods Initiative programs. Since the program was initially funded in FY 2010, Holland & Knight has increased its Holland & Ian fight Confidential Presentation for the City of Santa Ana 1 12 25A-25 level of service to clients interested in pursuing CNI Planning and Implementation Grant funding, providing not only technical assistance, strategic help and marshalling political support, but also offering full debriefs on the key components of successful grant applications over the history of the program through educational webinars. Below are examples of our strategic efforts in working with the City and County of San Francisco and the Columbus Chamber of Commerce to secure funding under this program. In 2010, Holland & Knight's community development team began working with the San Francisco Mayor's office to help organize a strategy to approach this grant, which included the development of a public-private partnership representative of the community's interests as well as a comprehensive effort to identify the most promising candidate out of a series of potential projects that could meet CNI's goals of revitalizing severely distressed public housing and generating investments in well-functioning services, effective schools, public assets, public transportation, and improving access to jobs. Through this effort, the City chose to advance a transformation plan for Alice Griffith Public Housing Development and the surrounding Bayview neighborhood. Under the grant proposal, the City will replace all 256 units in the Alice Griffith Development along with 248 new low income housing tax credit units. The City will also develop an additional 382 market-rate, 43 inclusionary and 281 workforce units will also be developed for a total of 1,210 units. The long-term goals for the Eastern Bayview neighborhood include an additional 6,640 units, of which 2,273 will be affordable or below-market rate, including 521 inclusionary units, 671 low income housing tax credit units, and 509 workforce units. Holland & Knight worked with the City to secure congressional support for the final grant proposal, and in August of 2011 HUD awarded the City $30.5 million in CNI funding to support the Alice Griffith transformation plan. San Francisco was one of only six awardees under the FY 2011 round of funding for this program and HUD's highest rated application in this grant category for that fiscal year. We employed a very similar strategy in assisting the Columbus Chamber of Commerce succeed in securing the maximum CNI Planning Grant award level for the City of Columbus' effort to organize the Poindexter Village Neighborhood Transformation Plan. Connecting Partnership officials and staff with appropriate HUD personnel at the local level, facilitating meetings with HUD in Washington, D.C., and conducting thorough strategy sessions with Partnership staff prepared Columbus' redevelopment partners to assemble a comprehensive plan that met HUD's criteria for the grant. The Chamber of Commerce's final Transformation Plan was supported through collaborative efforts of the Columbus Metropolitan Housing Authority (CMHA), the nearby The Ohio State University, nonprofit housing developer National Church Residences (NCR), and the City of Columbus. Ultimately, the Chamber of Commerce will undertake a four-phase process that will address education, health and wellness, jobs and economic development, housing, and safety utilizing their Transformation Plan developed with HUD's $300,000 CNI Planning Grant. U.S. Department of Labor Holland & Knight maintains a strong working relationship with the Secretary of Labor and senior officials within the Employment and Training Administration, and is very active on national labor policy as it impacts local governments. Workforce Investment Act (WIA): We are continuing our efforts with national local government organizations, community colleges and workforce training institutions to urge Congress to Holland & Knight Confidential Presentation for the City of Santa Ana 1 13 25A-26 reauthorize WIA, and to provide sufficient funding and flexibility to Workforce Investment Boards in any WIA reauthorization. Employment and Training Administration (ETA) Grants: We provide strategic advice to local government clients interested in pursuing funding under the grants administered by ETA. These include the Administration's YouthBuild, Reintegration of Ex-Offenders (RExO), Serving Adult and Youth Ex-Offenders through Strategies Targeted to Characteristics Common to Female Ex-Offenders and Serving Young Adult Ex-Offenders through Training and Service-Learning programs. U.S. Department of Transportation Holland & Knight's Public Policy & Regulation Group maintains over three decades of federal advocacy experience in assisting local governments public transportation entities successfully advance their priority projects and initiatives in Washington, D.C. Our proposed advocacy team has been successful in working with Congress, federal agencies, and the Administration to secure grant funding for local government clients similar the City of Santa Ana and its interests. Examples include: • San Mateo County Transit District (CA): Assisted in securing $3.5 million in FTA Bus Livability grant funding to enhance an multi-modal transit center. • San Antonio, TX.' $15 million in DOT TIGER funds for VIA Transit for a transit hub. • Des Moines, IA: Assisted the City in securing a $10 million DOT TIGER grant for the Southeast Connector project, which created 200 jobs by connecting downtown through the industrial quadrant of the City to the U.S. 65 Beltway. • Metropolitan Atlanta Rapid Transit Authority (GA): Assisted in securing $52.5 million in FTA funding for to re-furbish paratransit facility, bus maintenance facility, and acquire replacement buses. • Columbus Regional Airport Authority (OH): Secured $16 million in DOT TIGER funds to construct roadways around an intermodal facility in Pickaway County. • Philadelphia, PA: Assisted in securing $12.8 million DOT TIGER grant to rebuild a substation that powers the City's commuter rail system. U.S. Department of Justice & Department of Homeland Security Holland & Knight's proposed advocacy team has a strong record of assisting local governments successfully pursue federal funding to support local public safety initiatives and services through core justice Department and Department of Homeland Security grant programs. These programs include DOJ's COPS Hiring and Byrne/Justice Assistance grants as well as FEMA's Staffing for Adequate Fire and Emergency Response (SAFER) and Assistance to Firefighters (AFG) grants. Examples include: • Sacramento, CA: Secured the largest award in the nation under the COPS program - over $32.7 million in funding between FY 2010 and FY 2011 for the county Sheriffs Department. It cumulatively restored 50 deputy positions, which is being used specifically to combat youth and gang violence issues in the county. • Alameda, CA: Assisted the City in securing $1.76 million in FY 2012 FEMA SAFER grant funding to cover the full cost of six firefighter positions for a period of two years. Holland & Knight Confidential Presentation for the City of Santa Ana 1 14 25A-27 Philadelphia, PA: Assisted the City in securing $3.1 million in FY 2012 grant funding to partially fund the salary and benefits of 25 police officers over a three-year period. San Antonio, TX: Secured $10.3 million in FY 2009 COPS funding to hire 50 additional officers for their Problem Oriented Policing (POP) Project. Sarasota County, FL: Secured $1.9 million in FY 2009 and FY 2010 to build a new Emergency Operations Center including emergency technology and communications infrastructure to be used within the new EOC. U.S. Department of Commerce Holland & Knight has a long track record of assisting local governments interface with the diverse array of federal government agencies that reside at the U.S. Department of Commerce, including the Economic Development Administration (EDA) and the National Telecommunications and Information Administration (NTIA). With regard to EDA, Holland & Knight assists local governments in developing compelling projects to approach the Administration's grant programs, which include core programs like the Public Works and Economic Facilities Grant Program, as well as new programs like the Strong Cities, Strong Communities and Advanced Manufacturing Jobs and Innovation Accelerator Challenge. Holland & Knight has also worked with a number of local governments and local government consortiums to interact with NTIA in developing interoperable public safety communications networks, and is closely following all action with FirstNet, which was established in February of this year to build, deploy, and operate a national interoperable communications network for first responders, in consultation with federal, state, tribal and local public safety entities, and other key stakeholders. U.S. Department of Health and Human Services Our team knows the Affordable Care Act and the course it sets for reform. In studying the new law, and the recent Supreme Court ruling, we have paid close attention to its provisions that seek to build the health care workforce, strengthen public health and prevention efforts and expand primary care outreach. The Affordable Care Act created a new Prevention and Public Health Trust Fund under the jurisdiction of HHS. It appropriated $7 billion to the fund for FY 2010 through FY 2015 and $2 billion per year for subsequent fiscal years. The act authorized activities where trust fund monies may be used to include programs for diabetes prevention; training of nurse practitioners, community health workers, nurse education; and nursing retention programs as well as more advanced education programs. There is an obvious connection between the City's growing health care needs and the aims of the trust fund monies. We would work with you to identify the program areas where trust fund monies could be directed and to cultivate working relationships with the Health Resources and Services Administration (HRSA), the Office of the Secretary of Health and Human Services Department (HHS), and other decision makers at HHS and on Capitol Hill in advance of next fiscal year's allocations. Other recent health funding and legislative successes include: • Obtaining a $499,999 grant for the Cobb County, Ga., Board of Health to develop a county- wide plan to improve its environmental and policy-based prevention efforts aimed at Holland & Knight Confidential Presentation for the City of Santa Ana ( 15 25A-28 reducing chronic disease. The grant came from the Community Transformation Grant Program at the Centers for Disease Control and Prevention. Convincing the Senate Health, Education and Labor Committee, on behalf of a pro Bono client, to include language in a bill to raise awareness in the Latino and African American communities regarding autism and direct funds toward early detection and diagnosis. $13.3 million HHS Administration on a Children, Youth and Families grant for L.A. Gay and Lesbian Center. U.S. Department of Energy Holland & Knight has extensive experience in working with local governments and DOE on the local energy efficiency initiatives. Our energy team has also helped draft and shape energy and environmental legislation for over 20 years and brings an impressive track record in securing funding for major water and energy projects. Some examples include: • $100,000 in stimulus funds for the Children's Memorial Hospital Green Roof project • $1.2 million in Army Corps of Engineers funding for the Chicago Botanic Garden • $3.6 million in shoreline restoration CAP funds for the Chicago Botanic Garden U.S. Environmental Protection Agency Holland & Knight's has extensive experience in working with EPA and assisting local governments to pursue and secure funding under the Agency's competitive grant programs, and also maintains a strong record of assisting cities and counties pursue federal funding for environmental and water projects. Examples include: Placer County, CA: Holland & Knight has secured over $11 million in federal funding to design and construct a modern regional wastewater treatment system in this Northern California county of about 350,000 people. Under the regional alternative, modern wastewater treatment facilities will be preserved and seven older facilities located throughout the region will be abandoned. Together, the three modern facilities will be capable of meeting the area's wastewater treatment demands for decades to come. Eliminating effluent discharge from these outdated and ineffective facilities will improve water quality in the local receiving waters and reduce environmental impacts on the Bay-Delta system. Furthermore, the new treatment facilities can provide up to 30,000 acre-feet of reclaimed wastewater for agricultural purposes as well as irrigation of community open space and parks. The sale of reclaimed water for these purposes will help offset the cost of treatment while reducing the need for surface and/or ground water. City of West Sacramento, CA: The City is currently transitioning from its original authorized flood damage reduction project to a much larger project in the neighborhood of $400 million to $500 million. We have been successful in securing an increase in the current authorization level to allow additional work to be done and to bridge the gap between the two projects. Sarasota County, FL.: A top federal priority for the County has been the Phillippi Creek Septic System Replacement Program. The Holland & Knight team secured over $5.6 million to replace septic systems and connect approximately 25,000 low- to moderate-income homes and businesses Holland & Knight Confidential Presentation for the City of Santa Ana 16 25A-29 - who could not afford the costs to connect to a modern sanitary sewer system - to a central sewer in the Phillippi Creek basin and Sarasota Bay area. This funding is in addition to the $10 million we secured through Water Resource Development Act. Holland & Knight Confidential Presentation for the City of Santa Ana 1 17 25A-30 The proposer shall submit a fee schedule for all services to be provided pursuant this RFP. Based on the services described in RFP 12-075, Holland & Knight would propose a monthly fee of $7,000, inclusive of out-of-pocket expenses. You will note that we are not offering a billable hour because, as of January 1, 2012, Holland & Knight eliminated the tracking of billable hours for fixed fee clients - becoming the largest national practice group to do so. Holland & Knight embraces innovative fee structures that are directly tied to helping our clients achieve their goals. We recognize that our clients are under increased scrutiny to manage their spending efficiently and control costs. Please note that we welcome the opportunity to help our clients secure their goals through tailoring pricing structures. Communication and trust are the cornerstones of effective and meaningful alternative fee arrangements that are intended to work for both parties. Further, through a fixed fee arrangement, we are able to provide the City with the expertise of Holland & Knight's entire Public Policy & Regulation Group at no additional cost. Be assured that we are committed to helping our clients secure their goals through non-traditional pricing arrangements. Holland & Knight Confidential Presentation for the City of Santa Ana 1 18 25A-31 The Consultant shall submit a list of agencies, past and present, for whom the consultant has provided services similar to that identified in this RFP for the last five years. Reference Contact City and County of San Francisco, CA Jason Elliott, Director of Government Affairs Office of Mayor Edwin M. Lee 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 415.554.5105 jason.elliot@sfgov.org League of California Cities Chris McKenzie, Executive Director 1400 K Street, Suite 400 Sacramento, CA 95814 916.658.8275 mckenzie@cacities.org City of Charlotte, NC Dana Fenton, Intergovernmental Relations Manager 600 E. Fourth St. Charlotte, NC 28202 704.336.7245 dfenton @ci. charlotte. nc.us Placer County, CA Allison Carlos, Principal Management Analyst 175 Fulweiler Avenue Auburn, CA 95603 530.889.4027 acarlos@placer.ca.gov Sacramento Regional Transit District Mike Wiley, General Manager/CEO P.O. Box 2110 Sacramento, CA 95812-2110 916.321.2811 mwiley@sacrt.com City of Austin, TX John Hrncir, Director of Government Affairs Office of City Manager P.O. Box 1088 Austin, TX 78767 512.974.2285 john.hrncir@austintexas.gov Holland & Knight Confidential Presentation for the City of Santa Ana 1 19 25A-32 Holland & Knight wishes to make the following statements regarding RFP 12-075: In response to Paragraph 5, Indemnification: Under its professional liability insurance, which is standard for law firms, Holland & Knight LLP can agree to indemnify the City, its officers, agents, employees, and consultants solely as to claims resulting from or arising out of Holland & Knight LLP's negligent or wrongful acts, errors or omissions. Should Holland & Knight LLP be awarded the contract, it would ask that Paragraph 5 be so amended. In response to Paragraph 7, the Conflict of Interest Clause: In compliance with clause 7 of the City's Consultant Agreement, Holland & Knight has no conflict of interest with regard to the firm's federal liaison and advocacy services on behalf of the City of Santa Ana; and has, in place, policies and procedures with regard to full disclosure and resolution of any potential conflict of interest that may arise due to this representation. With regard to the provision of legal services, we do provide such services to clients in California in land use and other legal matters, which are totally unrelated to the federal liaison services our firm would provide the City under the RFP. Currently, we represent a client, Formosa Plastics Corp, USA, in a legal matter adverse to several public entities, including the City of Santa Ana. The case involves United States et al v J-M Manufacturing Company, Inc. d/b/a/JM Eagle, and Formosa Plastics Corp, USA (Case No. ED CV06-0055-GW, U.S.D.C. Central Dist. of California; and in the States of Nevada and New Mexico, et al. v. J-M Manufacturing Company, Inc., Formosa Plastics Corporation, U.S.A. and Walter Wang, No. BC 459943, Superior Court of California for Los Angeles County (collectively, the "Qui Tam Actions"), alleging manufacturing defects associated with water pipes, wholly unrelated to the provision of federal advocacy and representation services under the RFP. Holland & Knight Confidential Presentation for the City of Santa Ana i 20 25A-33 25A-34