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HomeMy WebLinkAbout25P - AGMT - STATE GVNT LIAISON SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2014 TITLE: AGREEMENT FOR STATE GOVERNMENT LIAISON SERVICES WITH TOWNSEND PUBLIC AFFAIRS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement for state government liaison services with Townsend Public Affairs in an annual amount not to exceed $60,000, commencing July 1, 2014 for a one -year term with the option of extending the term for two one - year terms, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Local government agencies rely upon the expertise of state government consultants to represent their respective government agencies in Sacramento. This service typically includes legislative monitoring and analysis, state budget advocacy, and state grant coordination and advocacy. State government consultants further provide monitoring of state executive proposals, as well as administrative rules and regulations that may affect cities. Townsend Public Affairs has provided this service to the City of Santa Ana for the past 14 years. During this time, Townsend Public Affairs has served the City well by advocating for legislation, policies and regulations that protect the City's interest. In addition, Townsend Public Affairs has worked with the City on targeted funding opportunities, including funding for water conservation and reliability projects and supporting the City's applications for the Active Transportation Program. Townsend Public Affairs represented Santa Ana's interests in Sacramento this past year on numerous issues, including: the City's liabilities from the dissolution of the redevelopment agency, the state budget, local economic development proposals, regulation of medicinal cannabis, and numerous pieces of legislation directly affecting the City and its operations. A summary of Townsend Public Affairs' work efforts on behalf of the City for the past 12 months is attached (Exhibit 1). Staff is very pleased with the state advocacy efforts of Townsend Public Affairs and is recommending re- instatement of their original annual fee of $60,000 for the FY 2014 -2015 agreement. Townsend Public Affairs' original annual contract for services prior to the 2008 economic recession was $60,000. As a result Townsend Public Affairs agreed to reduce their 25P -1 Agreement For State Government Liaison Services With Townsend Public Affairs August 5, 2014 Page 2 annual contract to $50,000 in FY 09/10 to assist the City in stabilizing its financial position. Now that the economy is improving and the City's financial situation is more favorable, staff recommends re- instating their contract to the original annual amount of $60,000 (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet all seven goals and objectives of the strategic plan which include: Community Safety; Youth, Education, Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement and Sustainability; Community Facilities and Infrastructure; and Team Santa Ana. FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601 - 62300) and General Fund Legislative Affairs (no. 01104012 - 62300). Edwin "William" Galvez, P.E. Executive Director Public Works Agency Exhibit 1 Exhibit 2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency��/ 25P -2 TOWNS E N ® EXHIBIT 1 P U 8 L I C A F F A I R S TPA ° N MEMO To: Mark Lawrence, City of Santa Ana From: Townsend Public Affairs, Inc. Christopher Townsend, President Heather Stratman, Senior Director Casey Elliott, State Capitol Director Date: July 30, 2014 Subject: Summary of Work Efforts This document is intended to provide a brief summary of the efforts undertaken by Townsend Public Affairs (TPA) on behalf of the City. These efforts were done in collaboration with City staff over the course of the past twelve months. We would be glad to provide additional information on any of the below items, if so desired. State Budget Advocacy— TPA worked with City staff to keep them updated on the development and potential impacts of the FY 2014 -15 State budget. TPA provided detailed information relating to the Governor's proposal to modify the laws currently governing infrastructure financing districts. While this language was not included in the package of budget bills that was adopted on June 1511, there are still discussions in the Capitol that the Governor would like the Legislature to consider this proposal prior to adjournment on August 31St. The Legislature is working on several measures related to redevelopment dissolution and local economic development, and may try to link the Governor's infrastructure financing district proposal to a larger discussion on all of these proposals. TPA has worked closely with the City's legislative representatives to communicate the City's continued interest in local economic development tools, as well as other aspects of the State budget that would be most impactful to the City. Redevelopment Dissolution — TPA has worked with City staff, the Department of Finance, and the City's legislative representatives on numerous items resulting from the dissolution of redevelopment. In 2013, TPA coordinated with the City and its representatives, to oppose the Department of Finance's attempt to withhold sales and use tax funds from the City for the collection of outstanding Low and Moderate Housing Income Funds. Additionally, TPA monitored and updated the City on numerous pieces of legislation that would impact various aspects of the dissolution process, including the potential use of unspent 2011 redevelopment bonds and modifications of local economic development tools, such as infrastructure financing districts. State Grant Coordination and Advocacy — TPA has worked with staff to provide assistance on specific grant programs, and City projects, where appropriate. TPA is able to coordinate with the City to advocate on behalf of specific grant proposals, by leveraging support from the City's 92, L Sireet. SuOe 6404 , Sacrnmenio, CAA 95814 - 516- 417 4086 - -, 916.4:14 -2063 S .Al-kANIENTO - WASHINGTON. DC - ST C�Y f +1 %!FORMA - NOkT LUN AL FQRNiA WWW. �D .CoM delegation and contacts within granting agencies, to ensure that the City's applications are given full consideration for funding. Specific examples include: Water Conservation and Reliability Projects — TPA met with City staff to discuss potential shovel -ready projects that the City had which may have been a positive fit for funding in the emergency drought legislation that was being considered by the Legislature. Active Transportation Planning Grant Applications — TPA has worked with City staff to receive information on the applications for funding that the City submitted for the Active Transportation Planning grant program. TPA will continue to work with the City's representatives, as well as the Department of Transportation, to support the City's applications. Legislative Monitoring and analysis — TPA monitored legislation introduced and amended at the State level for potential impacts on the City. Over the course of the past year, TPA has monitored over 100 bills on behalf of the City that are moving, or have moved, through the legislative process. TPA also provided analysis of potential impacts on the City and recommended positions on legislation, when appropriate. Additionally, TPA worked closely with City staff to convey the City's positions, issues, and concerns on specific legislation to the appropriate legislators, committees, and staff, including: AB 300 (Perea) /AB 1717 (Perea) — Prepaid mobile phone surcharges and collections. • Action: TPA provided background and status update of the measure to City staff. TPA communicated the City's support for the measure, as adopted in the City's legislative platform, to the author and to the City's representatives. • Status: AB 300 (Perea) was supported by the City last year and was approved by the Legislature, but ultimately vetoed by the Governor. AB 1717 was introduced in early 2014 and has been approved by the Assembly. The measure continues to move through the committee process in the Senate. AB 1839 (Gatto) — Tax credits for qualified motion pictures. • Action: TPA provided background and analysis of the measure to City staff. The Mayor joined with other Big 10 Mayors to support this measure. TPA communicated the City's position to the author, the City's representatives and appropriate committee members. • Status: The measure has been approved by the Assembly and is currently working through the committee process in the Senate. The bill received unanimous support as it moved through the Assembly. AB 2398 (Levine) — Penalties for vehicles causing injury to bicyclists and pedestrians. • Action: TPA provided background and analysis of the measure to City staff. Councilmember Martinez issued a letter of support. TPA communicated the City's position to the author, the City's representatives and appropriate committee members. • Status: The measure has been approved by the Assembly and is currently working through the committee process in the Senate. HR 29 (Gomez) — Relative to outsourcing public services. • Action: TPA provided background and analysis of the resolution to City staff. • Status: The resolution was adopted by the Legislature on April 3rd (Note: house resolutions are not binding statute and do not require action by the Senate or the Governor.) SB 962 (Leno) — Smart phone anti -theft device. 25P -4 • Action: TPA provided background and analysis of the measure to City staff. The Mayor joined with other Big 10 Mayors to support the measure. TPA communicated the City's position to the author, the City's representatives and appropriate committee members. TPA also worked in a coalition with other Orange County stakeholders in support of the measure. • Status: The measure has been approved by the Senate and is currently working through the committee process in the Assembly. SB 1000 (Monning) — Sugar sweetened beverages safety warning. o Action: TPA provided background and analysis of the measure to City staff. City staff prepared a letter of support for consideration through City approval process. o Status: The measure failed passage in the Assembly Health committee on a 7 -8 vote (10 votes needed for passage). The measure is not eligible to be further considered in the current legislative session, but may be reintroduced next year. AB 981 (Bloom) /SB 1129 (Steinberg) /AB 2493 (Bloom) — Redevelopment dissolution modifications. • Action: TPA provided background and analysis of the measures to City staff. • Status: AB 981 (Bloom) was approved by the Legislature last year, but was ultimately vetoed by the Governor. As a result, Assemblyman Bloom reintroduced the measure earlier this year as AB 2493. The author has been working closely with the Department of Finance and the affected cities to craft a measure that can be supported by the Administration and is helpful for cities with outstanding 2011 RDA bonds. TPA continues to stay in close contact with the authors' offices on these measures as they work with the Department of Finance and the Administration in order to understand the potential impacts on the City. Provide Information to City on Specific Requested Items — TPA has worked with the City to provide information and analysis on a wide range of issues that have been brought to the City's attention. Specific items include: SB 7 (Steinberg) Analysis and Litigation Update — TPA worked with the City, and other affected jurisdictions to oppose SB 7, which restricts state funding for charter cities with charter provisions impacting prevailing wage, while it was considered by the Legislature in 2013. Despite significant opposition from local governments across the state, the measure was approved by the Legislature and signed by the Governor. TPA has also kept City staff updated on the ongoing legal challenges to SB 7. A coalition of charter cities have filed lawsuit challenging the constitutionality of SB 7 and the litigation (City of El Centro v. Lanier) is currently pending in San Diego County Superior Court. Emergency Drought Legislation — TPA met with City staff to provide information regarding the potential items for inclusion in the emergency drought legislation, as well as projects that the City might have which would be eligible for funding. Specific project information, as well as overall policy principals, were provided to the City's legislative representatives. Medicinal Cannabis Legislation — TPA worked with the City to closely monitor numerous pieces of legislation regarding the regulation of medicinal cannabis in 2013. TPA worked with staff to analyze the potential impacts of these measures on the City. Additionally, TPA worked with the City to draft letters of opposition to the measures and ensure that the Orange County delegation, and other appropriate members of the Legislature, were aware of the City's position on the measures. In 2014, TPA has worked with City staff and Councilmembers to provide updates on evolving state 25P -5 legislation relating to medicinal cannabis, as well as examples of how cooperatives and collectives are regulated in other California municipalities, as the City considers local alternatives. TPA continues to be engaged in the remaining legislative proposal related to medicinal cannabis, SB 1262 (Correa), and will continue to advise on potential impacts. Cap and Trade Budget Proposal — TPA provided information to the Mayor regarding the various cap and trade proposals that were being considered by the Legislature as part of the State budget process. Input on Creation of Legislative Platform — TPA worked with City staff to provide input on the potential content and format for the City's Legislative Platform. 25P -6 4 EXHIBIT 2 CONSULTANT AGREEMENT This Agreement shall be deemed effective as of July 1, 2014 by and between the City of Santa Ana, a charter city of the State of California ( "City ") and Townsend Public Affairs, Inc., a California corporation (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 government lobbying. B. Consultant represents that it 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 perform lobbying services on behalf of the City, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services,$5,000 per month, including expenses. The total sum to be expended under this Agreement shall not exceed $60,000 during any one -year term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The Initial Term of this Agreement shall be from July 1, 2014 through July 1, 2015, unless earlier terminated or extended as provided herein. On or before July 1, 2015 and July, 1, 2016, as the case may be, the City Manager shall have the authority to extend the Initial Term for up to two additional one -year terms (Additional Terms). All extensions, if granted, must be in writing executed by both parties. The City Manager's authority to extend this Agreement is limited to the Initial and Additional Terms only. 25P -7 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, ajoint 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. 6 W&I U:L1041 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. 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 fill 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of 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. 25P -8 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 telefacsimile 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 telefacsimile 714 - 647 -6956 With courtesy copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile 714 - 647 -6515 To Consultant: Townsend Public Affairs, Inc. 2699 White Road, Suite 251 Irvine, CA 92614 Telefacsimile 949 - 476 -8215 Attn: Christopher Townsend 25P -9 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 telefacsimile, 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. 10. 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 is not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by either party 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. As a condition of such payment, the City Manager 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. 13. 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. 0 25P -10 14. 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. 15. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager TOWNSEND PUBLIC AFFAIRS, INC. CHRISTOPHER TOWNSEND President 25P -11 EXHIBIT A OBLIGATIONS OF TOWNSEND PUBLIC AFFAIRS, INC. A. Townsend Public Affairs will represent the City of Santa Ana in Sacramento. B. The Consultant will confer with the Legislative Council Committee, City Manager and such other City personnel as the City Manager may designate at times and places mutually agreed to by the City and Consultant on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of state programs. C. Consultant will review state proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Sacramento developments for the purpose of advising the City of those items which may have a bearing on City policy or programs. D. Consultant will secure and furnish such detailed information as may be available on state issues in which the City indicates an interest. E. As requested by the City, Consultant will review and comment on legislative proposals and grant applications of the City which are being prepared for submission to state agencies. F. Consultant will maintain liaison with the City's state legislative delegation and other appropriate state legislators, including the Governor and legislative leadership, 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. G. Consultant will counsel with the City regarding appearance by City personnel before legislative committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. H. Consultant will contact state agencies on the City's behalf when City applications are under consideration by such agencies, facilitate provision of additional information from the City, resolve potential concerns, provide guidance to the City, and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. L Consultant will support City efforts related to federal appropriations and other initiatives requiring outreach to local and regional agencies. 25P -12