HomeMy WebLinkAbout18 -PSA for State & Local Government Relations & Advocacy Servicese �EvuPpRr
CITY OF
O
NEWPORT BEACH
<,FORN City Council Staff Report
November 29, 2022
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tara Finnigan, Assistant City Manager - 949-644-3001,
tinnigan@newportbeachca.gov
PREPARED BY: Melanie Franceschini, Management Analyst
mfranceschini@newportbeachca.gov
PHONE: 949-644-3028
TITLE: Professional Services Agreement with Townsend Public Affairs, Inc.
for State & Local Government Relations & Advocacy Services
ABSTRACT:
Staff recommends the City of Newport Beach (City) enter into a professional services
agreement with Townsend Public Affairs, Inc. for state and local government relations and
advocacy services. The firm was selected after a detailed Request for Proposals process.
The recommended agreement is for an initial two-year term, with two optional one-year
extensions, for a total not -to -exceed cost of $288,000, if the initial term and two extensions
are exercised.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Approve the Professional Services Agreement with Townsend Public Affairs, Inc. for state
and local government relations and advocacy services for an initial two-year term, ending
November 28, 2024, with two optional one-year extensions and a total not to exceed
amount of $288,000, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
Background
The City has retained state and local government relations and advocacy services
consultants to help promote its legislative policy interests and elicit actions at different
government levels on matters beneficial to the community. In recent years, the City has
retained lobbyists to help advance its legislative platform (Attachment A) of preserving local
control, maintaining fiscal responsibility, protecting quality of life, and supporting private
property rights in regard to matters involving aviation, housing and land use regulations,
fiscal stability, labor relations, transportation, water quality and environmental quality,
coastal resources and the coastal zone. Further, the lack of local control allowed over state -
licensed group residential uses continues to be a concern of the City and community and
Mayor Muldoon and Council members have expressed support for having a lobbyist
advocate for the City on this issue in Sacramento.
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Professional Services Agreement with Townsend Public Affairs, Inc.
for State & Local Government Relations & Advocacy Services
November 29, 2022
Page 2
Request for Proposals and Evaluation
Staff developed a Request for Proposals (RFP) solicitation containing requirements and a
scope of services detailing a need for state and local government relations and advocacy
services with an emphasis on group residential homes, as well as airport and aviation
matters. The RFP was published on September 9, 2022 when it was posted on the City's
electronic public procurement platform, PlanetBids, and distributed directly to known
consultants providing these services. The RFP submission deadline was September 21,
2022 and the process yielded three proposals.
This RFP was evaluated by a panel consisting of staff from the City's Community
Development Department, Utilities Department and City Manager's Office reviewing each
proposal and rating them on the following technical factors:
• Qualifications and relative experience of the proposer, related to state and local
government relations and advocacy;
• Demonstrated experience and subject matter expertise of local matters;
• Demonstrated understanding of current community issues; and
• Ability to perform requested services.
Proposer
Capital Core
Joe A. Gonsalves
Townsend Public
Group, Inc.
& Son
Affairs, Inc.
Technical Score
80.00
76.00
95.00
Maximum 100.00
Aggregate Score
80.00
76.00
95.00
Maximum 100.00
Overall Rank:
2
3
1
Townsend Public Affairs, Inc. was ranked by the evaluation panel as the top -rated proposer
for state and local government relations and advocacy services based on the content of its
proposal, which outlined the depth and breadth of its experience and contacts. This firm has
also previously provided local government relations and advocacy services to the City in
regard to the County of Orange and John Wayne Airport. The firm's lead lobbyist for the
City's project is Cori Takkinen. Ms. Takkinen is very familiar with Newport Beach, having
previously served as its lobbyist, and having also served other local government agency
clients in Orange County.
The technical rankings of Townsend Public Affairs, Inc. reflects the firm's well-rounded
expertise in state and local government relations and advocacy services.
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Professional Services Agreement with Townsend Public Affairs, Inc.
for State & Local Government Relations & Advocacy Services
November 29, 2022
Page 3
Conclusion
Staff entered into negotiations with Townsend Public Affairs, Inc. that resulted in a revised
monthly fee of $6,000, which is reflected in the final agreement (Attachment B). This
represents a savings of $1,000 per month when compared to the initial, proposed monthly
fee. Given the expertise and experience that Townsend Public Affairs, Inc. can provide to
the City, staff recommends approval of the professional services agreement.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed to the
Professional Services Administration account in the City Manager's Office, 01020005-
811008.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2019-95
Attachment B — Professional Services Agreement
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ATTACHMENT A
RESOLUTION NO. 2019-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
LEGISLATIVE PLATFORM
WHEREAS, the City Council historically promotes legislative actions consistent
with the goals and functions of the City of Newport Beach;
WHEREAS, such legislative actions are typically. included within the City's
adopted Legislative Platform;
WHEREAS, the promotion of legislative actions once required separate City
Council action to approve individual letters of support or opposition related to specific
pieces of legislation;
WHEREAS, the piece -by -piece approval can delay important actions necessary
to assist in the passage or defeat of legislation; and
WHEREAS, the City Council seeks to efficiently pursue legislation that reflects
the Legislative Platform and the goals of the City.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby adopt the Legislative Platform, which
is attached hereto as Exhibit A and incorporated herein by this reference.
Section 2: The City Council hereby authorizes the Mayor to make statements
and write letters necessary to support legislative actions consistent with the City's
adopted Legislative Platform. Should the Mayor be unavailable to sign a City advocacy
letter, the City Council hereby authorizes the Mayor to designate the Mayor Pro
Tempore or the City Manager to sign and issue the letter in the Mayor's absence. All
correspondence prepared on the City's behalf will be copied to each City Council
member.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
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Resolution No. 2019-95
Page 2 of 2
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 5t" day of November, 2019.
Di ne B. Dixon
Mayor
ATTEST:
City Clerk
...'' =..
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-n�_ C
Aaron C. Harp
City Attorney
Attachment: Exhibit A - City of Newport Beach Legislative Platform
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EXHIBIT A
City of Newport Beach
Legislative Platform
Adopted November 5, 2019 (term indefinite until repealed or replaced)
PURPOSE
The City of Newport Beach legislative platform summarizes the City's core legislative
principles and positions for the purpose of advocacy efforts at the local, state and federal
levels. The platform provides clear direction on pertinent issues and thus enables staff to
address legislative and regulatory matters in a timely manner.
GUIDING PRINCIPLES
I. Preserve Local Control - The City supports the protection or expansion of
local, decision -making authority and its ability to provide public services. It
opposes the preemption of local control such as mandated, additional costs
without appropriate reimbursement.
II. Maintain Fiscal Responsibility — The City supports measures that protect its
existing funding sources and revenue base and its control over local
government budgeting. It opposes any effort to shift local funds to the County,
State or Federal governments or diminish its revenue base.
III. Protect Quality of Life — The City supports legislation and funding that
preserves the safety, security and well-being of its residents, businesses and
visitors. It opposes any effort that negatively impacts the community's quality
of life.
IV. Support Private Property Rights — The City supports the preservation or
enhancement of private property rights and opposes measures that erode or
reduce laws that protect private property rights.
ff
:.
PLATFORM ISSUES. The following categories generally reflect priorities of the City on
a regular and long-term basis:
I — AVIATION. Asa neighbor to John Wayne Airport (JWA), the City is actively involved
in efforts to protect its residents from the impacts of the airport. The City shall
advocate for legislative and executive actions consistent with the Council's Airport
Policy (A-17) and/or that:
(a) Preserve and, assuming the terms and conditions are consistent with Council
Policy A-17, amend or otherwise extend the JWA Settlement Agreement.
(b) Preserve and protect the 2006 Cooperative Agreement between the County of
Orange and the City.
(c) Oppose changes in regional aviation policies that would regionalize aviation
administration or that would allow a regional entity the power of eminent domain
to expand airport capacity.
(d) Support legislative and regulatory initiatives to study and mitigate the noise and
air quality impacts associated with air traffic overflights.
(e) Support local control over local airports.
(f) Support efforts to increase usage of airports with excess capacity such as
Ontario International, provided the increased usage does not materially impact
the quality of life of nearby residents.
ll — HOUSING AND LAND USE REGULATIONS. The City seeks to protect and
strengthen its land use authority, including regulation of residential recovery facilities
and group homes, zoning, incorporation, annexation, and community development.
Therefore, the City shall:
(a) Support efforts that would allow cities and counties greater control over the
placement and management of residential recovery facilities, parolee homes,
sober living homes, and other group accommodations in residential areas, while
respecting disabled persons' right to housing.
(b) Support efforts to strengthen the legal and fiscal capability of the City to prepare,
adopt and implement plans for orderly growth, development, beautification and
conservation of local planning areas, including but not limited to, regulatory
authority over zoning, subdivisions and annexations.
(c) Oppose development agreements in cities' spheres of influence in undeveloped
areas that do not conform to city standards.
(d) Support legislation that simplifies requirements for General Plan Housing
Elements.
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(e) Support measures to improve or otherwise streamline local governments'
working relationship and permitting ability with County, State and Federal
resources agencies and commissions.
(f) Support legislation that provides funding or programs to address the lack of
affordable housing as long as it does not impose mandated costs or diminish
the City's zoning authority.
(g) Support Federal, State, County or local efforts to develop programs,
partnerships or grant programs to assist cities in providing housing solutions
and/or services to address homelessness.
(h) Aggressively support measures that preserve local control over planning and
zoning matters.
(i) Oppose legislation and regulatory efforts that eliminate or diminish the City's
authority to zone and plan for the development of telecommunications
infrastructure.
Q) Oppose legislative efforts that reduce the City's ability to zone for or regulate
short-term rental properties.
(k) Support legislation that maintains local control over medical marijuana
dispensaries and upholds cities' ability to regulate and ban dispensaries.
(1) Support measures that provide municipalities with increased input in the
development of the Regional Housing Needs Assessment (RHNA).
111 — FISCAL STABILITY. The City's objective is to protect existing revenue sources and
to limit the cost of government upon the taxpayers of Newport Beach. The City also
seeks to protect Newport Beach residents and businesses from onerous fiscal
actions by other levels of government (County, State, federal) which may impair our
ability to protect our quality of life. Therefore, the City shall:
(a) Support legislation leading to greater financial independence from State
government and which would result in greater predictability in local government
budgeting.
(b) Oppose legislation that would impose State and Federal mandates for which
there is no or inadequate local reimbursement or offsetting benefits.
(c) In the absence of statewide fiscal reform, oppose legislation that reduces or
eliminates existing local revenue sources.
(d) As a part of a comprehensive reform package, support changes in the State -
Local fiscal relationship if the changes maintain or improve revenues to local
governments, promote local discretion on land use decisions, and result in the
long-term stability of local government revenue sources.
(e) Oppose actions to change 1978's Proposition 13, including the development of
a "split roll" property tax valuation system.
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(f) Support legislation that reforms California's tort system to curtail unreasonable
liability exposure for public agencies and restore the ability of public agencies to
obtain affordable insurance.
(g) Oppose any changes in State law that would further limit the ability of charter
cities to manage their affairs.
IV — LABOR RELATIONS. The City respects the working conditions, benefits, and rights
of Newport Beach employees and the conservative fiscal management principles of
the community. Therefore, the City shall:
(a) Support legislation that promotes fiscally responsible public retirement benefits
and oppose legislation that threatens to increase the cost and burden of
administering retirement benefits.
(b) Oppose legislation that imposes mandated (State or Federal) employee benefits
that are more properly decided at the local bargaining table.
(c) Support repeal of or oppose efforts that reduce local control over public
employee disputes.
(d) Support workers' compensation -related legislative measures which positively
affect public employers.
V —TRANSPORTATION. The City supports multi -modal transportation systems,
programs and services. Therefore, the City shall:
(a) Encourage Federal, State, County and Local programs to increase funding and
simplify permitting for transit, bicycling, and pedestrian travel.
(b) Support legislation and voter -approved bond measures that help local agencies
finance local transportation facilities.
(c) Oppose legislation that requires additional County, State and Federal review of
projects that are predominantly of regional or local significance.
(d) Support legislation that gives local agencies greater access to and discretion over
transportation funds.
VI — WATER QUALITY AND ENVIRONMENTAL QUALITY. The City supports effective
measures to improve the environment, including water quality, solid waste,
hazardous materials clean-up, and ocean, beaches and bay protection. Therefore,
the City shall:
(a) Support projects, legislation and funding measures (including statewide bond
measures) that would increase water supply and improve water quality in this
region.
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(b) Support legislation that would establish or increase funding for local agencies to
analyze and mitigate potential impacts of sea level rise on coastal communities.
(c) Support measures that enhance local authority and flexibility to regulate solid
waste and recyclable materials.
(d) Support efforts that provide a dedicated stream of funds to projects benefiting
area beaches and waterways, including adequate and independent funding for
boating and waterways.
(e) Seek any appropriate one-time and/or long-term sources of funds and/or services
to enhance and protect Newport Bay, including Lower Newport Bay and Upper
Newport Bay dredging activities.
(f) Oppose legislation that would allow the development of new oil platforms along
the Orange County coastline.
(g) Support measures that improve funding resources and the science associated
with water quality testing and beach closure standards.
(h) Advocate for Regional Board control over fines and fees collected from water
quality violations so that such fines and fees remain in the region to be used
directly for water quality improvements.
(i) Support funding for remediation of closed oil operations where the land will
transition to habitat and open space, including in the Banning Ranch.
(j) Support efforts to complete the Orange Coast River Park.
(k) Support changes to the California Environmental Quality Act (CEQA) that retain
CEQA's foundation of appropriately addressing environmental impacts but that
ensure that CEQA is not used as a tool for litigation and the delay of important
projects.
(1) Support efforts that ensure that public waters are accessible, safe and clean.
(m) Oppose measures that limit the City's ability to regulate the quality of public water
or limit public use.
Vll — COASTAL RESOURCES AND THE COASTAL ZONE. The City supports efforts
to protect and enhance public access and coastal resources in a manner that balances
the rights of the individual property owner and local government land use authority with
the public's constitutional right of access pursuant to Section 4 of Article X of the
California Constitution. Therefore, the City shall:
(a) Support legislation that provides funding or programs to address public access
to coastal resources.
(b) Support efforts that improves public assets in the coastal zone.
(c) Support efforts to protect and enhance natural and constructed coastal
resources.
(d) Oppose legislation that preempts or otherwise diminishes local control within the
coastal zone.
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(e) Oppose legislation that diminishes the land value of public and private property
in the coastal zone.
(f) Support legislation that promotes the fair and balanced implementation of the
California Coastal Act that emphasizes local input and local control.
(g) Support appropriate funding of the California Coastal Commission that
guarantees efficiency of operations, clarity of mission, and accountability.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-95, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 51h day of November, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman
NAYS: None
ABSENT: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 6th day of November, 2019.
apo /V/0wic- �, Ai-vo
Leilani I. Brown -
City Clerk
Newport Beach, California
18-12
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR
STATE & LOCAL GOVERNMENT RELATIONS & ADVOCACY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 29th day of November, 2022 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and TOWNSEND PUBLIC AFFAIRS, INC., a California corporation ("Consultant"), whose
address is 1401 Dove Street, Ste. 330, Newport Beach, CA 92660, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide State and Local Government
Relations and Advocacy Services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 28, 2024 ("Initial Term"), unless terminated earlier as set forth
herein. City shall have the option to extend the term of this Agreement for up to two (2)
consecutive one (1) year additional terms (each an "Additional Term") by providing
Consultant written notice of such extension no less than ten (10) calendar days prior to
the end of the immediately preceding term.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Eighty Eight
Thousand Dollars and 00/100 ($288,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
C ity.
Townsend Public Affairs, Inc. Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Cori Takkinen to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. City's Assistant
City Manager or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Townsend Public Affairs, Inc. Page 3
18-15
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
Townsend Public Affairs, Inc. Page 4
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services_
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
Townsend Public Affairs, Inc. Page 5
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
Townsend Public Affairs, Inc. Page 6
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
Townsend Public Affairs, Inc. Page 7
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Assistant City Manager
City Manager's Office
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Christopher Townsend
Townsend Public Affairs, Inc.
1401 Dove Street, Suite 330
Newport Beach, CA 92660
Townsend Public Affairs, Inc. Page 8
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
Nr� 9:407 JIl`/,1kIIQk,
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Townsend Public Affairs, Inc. Page 9
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Townsend Public Affairs, Inc. Page 10
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: �'h 'flz 6"� —
a on C. Harp
City Attorney
ATTEST:
Date:
EM
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT:
AFFAIRS, INC., a
Date:
By:
TOWNSEND PUBLIC
California corporation
Christopher Townsend
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C -- Insurance Requirements
Townsend Public Affairs, Inc. Page 11
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EXHIBIT A
SCOPE OF SERVICES
Townsend Public Affairs, Inc. Page A-1 18-24
SCOPE OF SERVICES
Objective:
Consultant shall provide advocacy services to represent the City's position on State of California
and County of Orange matters to elected and appointed officials. These services shall support
the City's position, as authorized, on matters pertaining to the City's legislative platform and
strategic plans.
Minimum Qualifications:
• Exist as an established and well -qualified advocacy firm with a strong presence in Orange
County.
• Possess extensive experience providing advocacy and government relations services to
public -sector clients. Firm with experience representing cities is highly desired.
• Have established and positive working relationships with members of the State Legislature
and staff, State agencies, Orange County Board of Supervisors and Supervisorial District
staff, and key County agency and department staff members.
Responsibilities and Provisions:
As directed by the City, the Consultant shall perform the following services:
1. Advise City staff and officials on a strategy for advocating the City's interests to elected and
appointed State and County officials and staff and assist the City in updating its legislative platform
and strategic plan.
2. Represent and advocate, as authorized, the City's position on State and County matters to
members of the Governor's Office, State Legislature, State agencies, Orange County Board of
Supervisors, County staff, and any other designated persons or organizations.
3. Identify and monitor legislation and state regulatory processes, and analyze administrative,
legislative and regulatory matters that may affect the City of Newport Beach.
4. Pursue legislative, regulatory and/or policy directives to help the City address issues with State -
licensed group residential uses, including drug and alcohol rehabilitation and community care
facilities
4. Keep the City well-informed of pertinent State and County projects, programs, policies and
regulations. Proactively identify, analyze or track State Legislature and Board actions in a timely
manner.
5. Draft legislation and amendments, as needed.
6. Participate in periodic meetings (via conference call or in -person) with City staff and officials.
Provide monthly progress reports.
7. Schedule visits, arrange appointments and prepare agendas for Newport Beach officials to
meet, when needed, with State or County officials.
8. Develop issues analyses, background briefing/white papers, talking points, correspondence
and other materials as requested to help convey the goals and priorities of the City of Newport
Beach to elected and appointed State or County officials.
18-25
TWNSEND
TPA
September 21, 2022
Shaun Tormey, Senior Buyer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr. Tormey:
Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our proposal for
State and Local Government Relations and Advocacy Services to the City of Newport Beach
("City").
Since its inception in 1998, TPA has earned the reputation as Champions for Better
Communities by providing the experience, resources, and relationships expected from a premier
legislative advocacy and grant writing firm while also giving clients the unique brand of customer
service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is tailored to meet the individual needs of each
client by leveraging the breadth and depth of our team as well as our vast network of relationships
with key stakeholders and decision makers.
Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and
regulatory proposals into law, and secured over $2.5 billion in grants from state, federal,
and local government agencies as well as nonprofit foundations and private companies.
Thank you again for your interest in our firm and your consideration of this proposal. Please
contact us if you have any questions or need additional information. We would be honored to
serve the City of Newport Beach.
Yours truly,
yo��
Christopher Townsend
President
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 2
18-26
1. Provide a brief history of your firm or business City. Identify legal form, ownership, and
senior officials of company. Identify the name and email of the main contact, including
phone number and e-mail address. Include the website address (if applicable). If proposing
a sub -consultant, describe the division of responsibilities between participating parties,
and offices (location) that would be the primary participants.
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and
funding services to public agencies and nonprofit organizations throughout California. In addition,
TPA has special expertise and relationships in the County of Orange and has significant
experience providing local advocacy services at the County level.
• Founder/Owner/President: Christopher Townsend
o Senior Officials:
o Casey Elliott, Vice President
o Cori Takkinen, Vice President
o Niccolo De Luca, Vice President
• Legal Form: Corporation
• Website: www.TownsendPA.com
• Advocacy Success: Shepherded over 100 client -sponsored legislative proposals into law
• Funding Success: Over $2.5 billion in state, federal, and local government grants as well
as grants from nonprofit organizations and private companies
• Longevity: 24 years (founded in 1998)
• Number of Employees: 17
Number of Registered State and Federal Lobbyists and Grant Writers: 14
Number of County of Orange Registered Lobbyists: 4
o TPA does NOT propose using sub -consultants to execute the Scope of Work on
behalf of the City as set forth in the RFQ.
Number of Offices: Five
o TPA Southern California Office, Newport Beach
o TPA State Capitol Office, Sacramento
• (TPA proposes servicing the City out of its Newport Beach and Sacramento
office locations)
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
• Types of Clients:
o City Governments
o County Governments
0 Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 3
18-27
QUALIFICATIONS AND EXPERIENCE
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts)
o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical)
o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
0 61h of 486 Firms Registered for 2021-22 Legislative Session
0 991' Percentile
• Primary Contact for Proposal: Olivia Raymond, Business Development Associate
c Phone:949-399-9050
o Email: o raym ond(cDtown send pa. co m
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 4
QUALIFICATIONS AND EXPERIENCE
EXPERIENCE WITH ADVOCACY AND THE COUNTY OF ORANGE
Local agencies are the foundation of TPA. Since the firm's inception in 1998, TPA has serviced
over 235 public agencies in California, providing legislative and funding advocacy leading to
overall community betterment. The TPA motto is "Champions for Better Communities" — a phrase
that underscores every action of every member of our team and spurs a culture of collaboration
and innovation. TPA is focused on exceeding expectations to deliver quality services through
excellence and innovation, and doing so in a way that supports, and matches, the City's mission
to serve those who live, work, and play in the community.
TPA is comprised of 17 full-time passionate, hardworking advocates providing legislative and
funding advocacy to turn clients' visions into reality. The TPA team works with clients to craft and
execute an agenda focused on implementing legislative and funding solutions for legacy projects
at all levels of government. The firm is made up of team members with their own areas of
expertise, who will collaborate and work together to achieve ultimate results.
At the State level, as an extension of City staff, TPA will organize advocacy trips to Sacramento
and regionally engage first-hand on priority issues. TPA has experience and is prepared to
engage on behalf of the City on key issues of importance including, but not limited to, housing
policy, policies related to drug and alcohol rehabilitation and community care facilities,
environmental quality and coastal resiliency, and policies that threaten the City's ability to
preserve local control. TPA has strong relationships with the City's current and future legislative
delegation, key legislative leaders, state agencies, and the Governor's office. These relationships,
combined with tactical and consistent follow-up, would undoubtedly lead to notable achievements
for the City.
TPA is an established and well -qualified advocacy firm with a strong presence in Orange County,
representing 14 of the 34 cities. TPA has extensive experience providing advocacy and
government relations services to public -sector clients and has a strong history of working in
partnership with the County to reach solutions. TPA is experienced in creating strategies and
effective partnerships that have a history of success with a variety of clients including cities,
nonprofit organizations, and private companies to represent their interests to the County Board of
Supervisors.
TPA has established positive working relationships with members of the Orange County Board of
Supervisors and Supervisorial District staff, including executive staff at John Wayne Airport and
other key County agencies of interest to the City. TPA has experience advocating on behalf of
the City of Newport Beach, with the County of Orange, on issues related to John Wayne Airport.
TPA is prepared to continue to work with the City to express their concerns with changes to John
Wayne Airport that may result in increased aircraft noise, flight patterns, additional sensitive
receptors, increased health risk, and lasting environmental impacts. In addition, TPA is prepared
to work with the City to develop an advocacy plan on other County issues that may be of concern
to Newport Beach and ensure that the City has a voice and a seat at the table.
O Proposal for State and Local Government Relations and Advocacy Services] Newport Beach Page 5
18-29
QUALIFICATIONS AND EXPERIENCE
STATE GOVERNMENT RELATIONSHIPS
After the results of the November 8, 2022 General Election, the City will have new state elected
representatives in both the Assembly and the Senate. See below for a list of the City's current
legislative delegation as well as the City's new representatives beginning in 2023. Moreover,
statewide, the Legislature will welcome 19 new Assembly Members and 10 new Senators. TPA
will work diligently to educate the new elected representatives about the City's legislative and
funding priorities.
• Current City Legislative Delegation:
o Senator Dave Min
o Assembly Member Cottie Petrie -Norris
• City Legislative Delegation (pending November 2022 election results):
o Senate Candidate Janet Nguyen or Kim Carr
o Assembly Member Candidate Julie Mancuso or Diane Dixon
• Governor's Administration and Agency Leadership:
o Governor Gavin Newsom
■ Executive Secretary Jim DeBoo
it Senior Counselor Jason Elliott
o Lieutenant Governor Eleni Kounalakis
o State Treasurer Fiona Ma
o State Controller Betty Yee
o Attorney General Rob Banta
o Superintendent of Public Instruction Tony Thurmond
o Secretary Wade Crowfoot, Natural Resources Agency
o Secretary Toks Omishakin, California State Transportation Agency
o Secretary Amelia Yana Garcia Gonzalez, California Environmental Protection Agency
o Secretary Lourdes Castro Ramirez, Business, Consumer Services, and Housing
Agency
o Director Armando Quintero, Department of Parks and Recreation
o Director Karla Nemeth, Department of Water Resources
o Director Joe Stephenshaw, Department of Finance
o Director Gustavo Velasquez, Department of Housing and Community Development
■ State Legislative Leadership:
o Senate President Pro Tempore Toni Atkins
o Senate Republican Leader Scott Wilk
o Assembly Speaker Anthony Rendon
o Assembly Republican Leader James Gallagher
• Key Legislative Committees:
o Assembly Budget Committee
o Senate Budget Committee
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 6
18-30
QUALIFICATIONS AND EXPERIENCE J
o Assembly Local Government Committee
o Senate Governance and Finance Committee
o Assembly Housing and Community Development Committee
o Senate Housing Committee
o Senate Environmental Quality Committee
COUNTY OF ORANGE RELATIONSHIPS
County Executive Office
o County Executive Officer Frank Kim
o Deputy Chief Operating Officer Jessica Witt
o Director of Legislative Affairs Peter DeMarco
o Public Information Officer Molly Nichelson
o Chief Financial Officer Michelle Aguirre
County Elected Department Heads
o District Attorney Todd Spitzer
o Sheriff -Coroner Don Barnes
o Clerk -Recorder Hugh Nguyen
c Treasurer Tax Collector Shari Freidenrich
c Registrar of Voters Bob Page
• County Appointed Department Heads
o Community Resources Director Dylan Wright
a Orange County Transportation Authority Darrell Johnson
o Health Care Agency Director Clayton Chau
Current County of Orange Board of Supervisors:
o First District Supervisor Andrew Do
■ Chief of Staff Chris Wangsporn
o Second District Supervisor Katrina Foley
■ Chief of Staff Nick Anas
o Third District Supervisor Don Wagner
■ Chief of Staff Tara Campbell
o Fourth District Supervisor Doug Chaffee
■ Chief of Staff LaShe Rodriguez
o Fifth District Supervisor Lisa Bartlett
■ Chief of Staff Yasie Goebel
• County of Orange Board of Supervisors (pending November 2022 election
results):
o Second District Candidate Vince Sarmiento or Kimberly Nguyen
o Fourth District Supervisor Doug Chaffee or Candidate Sunny Park
o Fifth District Supervisor Katrina Foley or Candidate Pat Bates
O Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 7
18-31
QUALIFICATIONS AND EXPERIENCE J
STATE LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy SectorDescription
• Public Facilities and Finance
Local Control and Finance
Public Employee Programs
• Contractual Assessment Programs
Infrastructure Financing Opportunities
Local Governance
PEPRA Compliance
Public Employee Benefits
JPA Benefits
Medical Benefits Vesting
Cannabis
• Drafting Local and State Cannabis Regulations
Local Control
Transportation
Local Streets and Roads
State Highway Relinquishments
Local Venue Signage on State Highways
State Highway System
State Bond Funding for Highway Projects
Expansion of Toil Lanes/Toll Roads
• Drinking Water Public Health Regulations
Water Quality
Groundwater Pollution Liability
• Groundwater Management Plans
Direct/indirect Potable Reuse
Water and Sanitation
• State Bond Funding for Water Projects
Water Infrastructure
• Local Reliability Projects
+ Water Conservation Programs
Sanitation Infrastructure
Integrated Regional Watershed Projects
• Advanced Water Treatment Facilities
Affordable Housing
Developing Funding for Affordable Housing
Expanding Affordable Housing Eligibllity
Economic Development
• Capital Investment Incentive Program Expansion
Enterprise Zone Program Regulations
Housing and
Community Development
Military Base Re -Use Land Planning
• Agency Dissolution Process
Redevelopment
Developing Past -RDA Funding Sources
• State Liability Reduction
• Joint -Use Projects with Schools Districts
Recreation and Natural
Park Facilities
State Bond Funding for Local Park Projects
Resources
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction
. TOD Housing to Support Cap and Trade Objectives
Increase Transit Accessibility for Active Transportation
Cultural and Historical
Resources
Cultural Facilities
CA Cultural and Histatical Endowment
CA Nature Education Facilities Program
• Air Pollution Reduction Methods
Public Health
Treatment of the Remains of a Deceased
Veteran Resources
Crime Reduction
• Sex Trafficking Control
Gan Control
Public Safety
• Increasing Local Police Presence/COPS
Local Law Enforcement
Loud Vehicle Noise
Regional Public Safety Task Force Initiatives
• Veterans Resources
Community College Districts
ARemative Energy Job Training
ADA Reform
K-12 School Districts
K-12 Safety Planning Programs
Joint Use Projects with Civic Agencies
Education
• Charter School Facilities Funding
School Facilities
Community College Facilities Funding
K-12 School District Facilities Funding
A DETAILED SCHEDULE OF OUR STATE ADVOCACY ACHIEVEMENTS CAN BE
PROVIDED UPON REQUEST
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 8
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FY 2022-23 STATE BUDGET EARMARKS
This table provides an overview of the budget earmarks that TPA secured on behalf of our clients
in the State Budget for FY 2022-23. TPA strategized with our clients to identify priority projects
and transform them into budget requests. TPA then worked closely and diligently with Members
of the Assembly and Senate (and their staff), the Budget Committees, the Governor's
Administration, and other key stakeholders to ensure our client projects were included in the final
official budget.
Name
California Academy of
Sciences
Project
Thriving California Environmental Learning Plan
Amount
AwardedClient
$2,100,000
City of Agoura Hills
Linear Park Project
$6,000,000
City of Anaheim
Boysen Park Rehabilitation
$15,000,000
City of Berkeley
Marina and Pier Projects
$15,000,000
City of Buena Park
Water System Improvements
$5,000,000
City of Compton
Artesia Boulevard Bridge Rehabilitation
$12,000,000
City of Costa Mesa
Citywide Park Project
$10,000,000
Ketchum Liboldt Park
$1,200,000
Fairview Developmental Center
$3,500,000
City of Del Mar
Del Mar Bridge Replacement Project
$2,200,000
City of Dinuba
Fire Department Equipment and Training
$2,000,000
City of Farmersville
Fire Station Construction
$7,000,000
City of Fremont
Teen Center Building Upgrades
$8,000,000
Sabercat Bridge and Trail project open space
acquisition and planning
$6,000,000
1-680 Sabercat Bridge Infrastructure
$6,000,000
Housing Navigation Center
$500,000
City of Fullerton
Navigation Center Project
$6,000,000
City of Gardena
Broadband Infrastructure
$4,000,000
Revitalization of Gardena Boulevard
$2,000,000
Cityof Ha
Hayward
Scattered Site Housing Model to Create Cost -Effective
Permanent Housing for unhoused individuals
$5,400,000
City of Huntington Beach
Mental Health Crisis Unit
$1,500,000
City of Irvine
Sweet Shade Park
$2,800,000
Mental Health Crisis Unit
$1,500,000
City of La Habra
Imperial/Coyote Creek Sinkhole
$8,500,000
City of Laguna Beach
Mental Health Crisis Unit
$1,500,000
City of Merced
Merced Regional Fire Training Center
$3,000,000
City of Oakland
Teachers Rooted in Oakland (TRiO) Program
$5,000,000
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 9
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QUALIFICATIONS AND EXPERIENCE
Replacement of Fire Station 4
$5,200,000
City of Palo Alto
Newell Road Bridge Replacement
$2,000,000
City of Parlier
Parlier Police Station
$2,500,000
City of Santa Clara
Magical Bridge All -Inclusive Playground in Central Park
$800,000
Linden Park Project
$3,200,000
City of South San
Francisco
County of San Mateo Union Community Alliance
$1,500,000
City of Tustin
Centennial Park Rehab Project
$4,800,000
Discovery Cube Los
Sustainability Park Project
$5,000,000
Angeles
Discovery Cube Orange
County
Santiago Creek Sustainability Park
$10,000,000
Imperial County
Lithium Valley Specific Plan and PEIR
$5,000,000
Land Conservancy of San
Camatta Ranch Preservation
$2,500,000
Luis Obispo County
North Orange County
Servicing the Public Safety Collaborative efforts within
Public Safety Task Force
the cities of Anaheim, Brea, Buena Park, Fullerton, La
$8,000,000
Habra, Stanton, and Placentia
Oakland Museum of
Calli Americas Poster Collection Digitizing and
$250,000
California
Cataloguing Project
Port of Hueneme
eCrane - Electrical Crane Plug -In Infrastructure
$5,000,000
Tri-Valley Cities Coalition
Valley Link Rail Project (Environmental Study and
$5,000,000
Preliminary Engineering)
TOTAL FY r BUDGET EARMARKS:00
r irr
This table provides an overview of the budget earmarks that TPA secured on behalf of our clients
in the State Budget for FY 2021-22, TPA strategized with our clients to identify priority projects
and transform them into budget requests. TPA then worked closely and diligently with Members
of the Assembly and Senate (and their staff), the Budget Committees, the Governor's
Administration, and other key stakeholders to ensure our client projects were included in the final
official budget.
Client Name
City of Costa Mesa
Project
Regional Fire and Rescue Facility Improvements
Awarded
$2,500,000
City of Del Mar
Del Mar Fairgrounds Operating Shortfall
$3,500,000
City of Emeryville
Affordable Housing Site Remediation
$2,500,000
City of Farmersville
Fire Engine Acquisition
$750,000
City of Fremont
Mission Blvd Interchange Modernization Project
$7,200,000
City of Fullerton
Hunt Library Restoration
$2,750,000
C-) Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 10
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QUALIFICATIONS AND EXPERIENCE J
Homelessness Recuperative Center
$4,000,000
City of Half Moon Bay
Carter Park Renovation Project
$4,750,000
City of Hayward
Hayward Navigation Center
$662,000
South Hayward Youth Family Center Project
$1,000,000
City of Irvine
Bommer Canyon Fire Prevention Efforts
$1,000,000
City of Lafayette
Safe Pathway for Children Trail
$238,000
City of Modesto
Infrastructure improvements to County Islands
$5,000,000
City of Oakland
Oakland Fund for Public Innovation for the
California Entrepreneurship Capital in the
Community initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project
$10,000,000
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach
Public Safety Communications Equipment
$470,000
City of Reedley
Olson/Kings River Sewer Main Replacement
$2,800,000
City of San Leandro
Memorial Park Rehabilitation Project
$2,750,000
City of San Pablo
Alternative Policing and Mental Health Program
$2,000,000
City of Santa Ana
Youth Facilities Improvements
$4,000,000
City of South San Francisco
Vehicle License Fee Adjustment
$3,000,000
City of Tracy
Multi -Generational Recreation Center
$5,000,000
City of Tustin
New Emergency Backup Generator
$1,500,000
Discovery Science
Foundation
Discovery Cube of Orange County Re -Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re -opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
TOTALBUDGET
North Orange County Public Safety and Homelessness
Task Force Program Extension
EARMARKSi
$7,800,000
20
FY 2019-20 STATE BUDGET EARMARKS
This table provides an overview of the budget earmarks that TPA secured on behalf of our clients
in the State Budget for FY 2019-20. TPA strategized with our clients to identify priority projects
and transform them into budget requests. TPA then worked closely and diligently with Members
of the Assembly and Senate (and their staff), the Budget Committees, the Governor's
Administration, and other key stakeholders to ensure our client projects were included in the final
official budget.
Proposal for State and Local Government Relations and Advocacy Services I Newport Beach Page 11
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QUALIFICATIONS AND EXPERIENCE
City of Dinuba
Water Well Replacement
$1,000,000
City of Huntington Beach
Multi -Use Blufftop Path
$1,700,000
City of Laguna Beach
Laguna Canyon Road Fuel Modification
$1,000
City of Oakland
Public Safety Projects
$4,000,000
Bus Services
$1,000,000
City of Selma
Storm Drain, Storage, and Recharge
$1,500,000
Discovery Cube of
Los Angeles
Natural Resources Pavilion
$5,000,000
Discovery Cube of
Orange County
Property Acquisition/Parking Structure
$10,000,0000
Bast Contra Costa Fire
Protection District
Equipment, Vehicles, and Facilities
Acquisitions and Improvements
$500,000
North County Transit District
Del Mar Bluffs Stabilization Project
$6,130,000
Tri Valley Cities Coalition
I Dublin Sports Grounds All -Abilities Playground
I $1,400,000
TOTALi
rig
CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019-20 AND FY 2021-22, and FY 2022-23:
$614,8959020
Q Proposal for State and Local Government Relations and Advocacy Serviced Newport Beach Page 12
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Describe your experience with consulting services related to this RFQ and provide
examples of similar projects or programs. Include the scope of each project or program,
description of services provided, caliber and quantity of staffing associated with the
programs, and size of program budgets. For each example referenced, provide the name
of the key contact person and telephone number and e-mail address. Provide a
comprehensive narrative of the services rendered.
The narrative should include the following:
• Project or program name, type, description and location.
• Scope of project or program and delivery method.
• Sub -consultants utilized.
SERVICE EXPERIENCE
The following examples demonstrate TPA's experience providing state and local advocacy
consulting services as outlined in this RFQ. TPA did not utilize sub -contractors to execute any of
these examples of advocacy successes.
State General
Fund Funding - North Orange County Public Safety Collaborative
Project Type
State Budget Funding
Project Description
State Funding — Public Safety, Homelessness, Youth Gang Prevention
Location
Sacramento
TPA worked to create and secure funding forthe North Orange County Public
Safety regional collaboration project from FY 17-18 to FY 22-23. This project
includes 10 cities in North Orange County as well as the County of Orange.
These annual funds have been allocated to be used for programs to address
youth violence prevention and intervention in K-12 schools, programs to
promote and enhance the successful reentry of offenders into the community
and programs to address homeless outreach and intervention efforts.
Scope
Funding secured for the Collaborative from the State includes:
• 2017 - $20 million from the State of California General Fund (AB 97)
• 2021 - $7.8 million from the State of California General Fund (AB 128)
a 2022 - $8 million from the State of California Genera Fund (SB 178)
Delivery Method
State Budget — General Fund
Key Contact
Soo Kan , Collaborative Executive Director
Phone
714-890-4274
Email
skan stantonca. ov
..
-. Leg2496 (Petrie -Norris) Loud Vehicle Noise
islation - AB
Project Type I
State Legislation
Project Description
State Legislation — Public Safety, Transportation, Local Law Enforcement
Location
Sacramento
U Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 13
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TPA worked with several Orange County cities — including Huntington Beach,
Irvine, and Laguna Beach, to sponsor AB 2496 (Petrie -Norris). The legislation
addresses the prevalence of loud vehicle noise in communities. Specifically,
the bill would enact changes to the motor vehicle inspection and maintenance
program (Smog Check) administered by the Department of Consumer Affairs
and will provide an accountable inspection of vehicles during routine smog
Scope
checks to look for willful violations of existing Vehicle Code. Failing this
inspection will ensure that these vehicles will not be registered in the State.
TPA crafted bill language, organized letters of support, drafted verbal
testimony, and held meetings with legislators to ensure that the bill passed
every policy and fiscal committee hurdle. The bill was approved by the
Legislature in the final days of the 2022 Legislative Session and is pending
final action from the Governor.
Delivery Method
State Legislation — Senate Bill
Key Contact
Jeff Calvert, Police Chief, Laguna Beach
Phone
949-497-0384
Email
calvert la unabeachcit .net
ElementAdvocacy
Project Type
State Advocacy
TPA successfully advocated to the State Department of Housing and
Project Description
Community Development (HCD), Governor's Office, and the Legislature to
have the City's housing element approved and certified by the Department.
Location
Sacramento
Earlier this year, TPA worked with the City of Tustin on an issue related to
the timing of receiving a certified housing element from HCD. TPA utilized its
contacts in the Governor's Office, relationships with HCD, and relationships
with the City's state legislative delegation to advocate on behalf of the City.
Scope
TPA set up meetings with high-level HCD staff, provided feedback on draft
legislative language to address the issue, and ensured that language in the
housing trailer bill incorporated the City's priorities. TPA also followed up with
HCD to ensure an expedited approval process which ultimately resulted in
the City receiving a certified housing element.
Delivery Method
State Advocacy — State Agency
Key Contact
Ken Pi uee, Senior Management Analyst
Phone
714-573-3316
Email
kpiqueegtustinca.orq
FlagshipAirport
Project Type
County Procurement
Project Description
TPA worked with Flagship Facility Services in 2021 to secure a 5-year
.anitorial
services contract with John Wayne Airport.
Location
John Wayne Airport and County of Orange Board of Supervisors
TPA worked with Flagship Facility Services secure a unanimous vote of
approval to select Flagship Facility Services as the janitorial services provider
Scope
at John Wayne Airport. TPA leveraged relationships with the Airport
Commission and the County Board of Supervisors to secure support for
Flagship Facility Services.
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Paae 14
Delivery Method
Vote of Approval by the County of Orange Board of Supervisors
Key Contact
Jim Mikacich, Vice President
Phone
408-569-6218
Email
JMM(@flaclshipinc.com
Project Type
Griffin Structures
Local Government Partnership
In 2016, TPA worked with Griffin Structures to secure a unanimous contract
Project Description
with the County of Orange to serve as the lead developer to deliver the first
phase of the County s comprehensive 20-year Civic Center Facilities
Master Plan.
Location
Coun of Orange Board of Supervisors
TPA worked with Griffin Structures, a premier program and construction
management firm to secure a contract with the County of Orange to serve as
the lead developer to deliver the first phase of the County's comprehensive
Scope
20-year Civic Center Facilities Master Plan through a Public -Private
Partnership (also referred to as a "PT) using tax-exempt financing and a
long-term lease structure. The project was delivered five months ahead of
schedule with Griffin returning a savings of $5 million to the County.
Delivery Method
Vote of Approval by the County of Orange Board of Supervisors
Key Contact
Roger Torriero
Phone
949-497-9000 X210
Email
rorriero rifFinholdin s.net
City of Placentia
— Enhanced Infrastructure Financing Districts Partnership
Project Type
Local Government Partnership
In 2019, TPA worked with the City of Placentia and the County of Orange to
Project Description
develop the first city -county Enhanced Infrastructure Financing District
(EIFD) partnership in the State.
Location
City of Placentia and County of Orange Board of Supervisors
This partnership will dedicate a portion of the property tax increment in a
small area of the City of Placentia toward new infrastructure and amenities
that will spur development. This partnership will net a return on investment
Scope
for the County and has motivated them to develop an EIFD policy for use for
other partnerships with municipalities. TPA worked with County Executive
Staff to develop this policy and it was approved by the County Board of
Supervisors.
Delivery Method
Vote of Approval by the County of Orange Board of Supervisors
Key Contact
Damien Arrula, City Manager
Phone
626-272-6105
Email
darrula(a)placentia.org
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 15
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PROFESSIONALS
Provide resumes of key personnel performing work on the project or program, including:
titles, time with firm/proposing entity, education, licenses and certifications, listing of
relevant project experience, including, project or program name {if non -confidential,
description of project, description of work performed including relevance to this project,
date work performed, reference, include contact name and number
With a team of 14 registered state legislative and funding advocates, TPA has the breadth and
depth of experience and the ability to deploy as many advocates as needed to maximize success
for the City while minimizing the burden on City staff. TPA proposes a dedicated a team of four
people to perform state and local advocacy services for the City:
Christopher Townsend
r Founder and President
Role: Managing Principal/Senior Strategic Advisor
f Time With TPA: 24 years
Licenses and Certifications: Registered State and County Lobbyist
Reference: Jim Vanderpool, City Manager, City of Anaheim
Email: JVanderpool@buenapark.com Phone: (714) 562-3550
Cori Takkinen
Vice President
Role: Legislative and Funding Advocate
Time With TPA: 11 years
Licenses and Certifications: Registered State and County Lobbyist
Reference: Bill Gallardo, City Manager, City of Brea
Email: Bil]GA@ci.brea.ca.us Phone: (714) 573-3316
Casey Elliott
Vice President
Role: Legislative and Funding Advocate
Time With TPA: 17 Years
Licenses and Certifications: Registered State Lobbyist
Reference: Niroop Srivatsa, City Manager, City of Lafayette
Email: nsrivatsa@lovelafayette.org Phone: (925) 284-1968
Sean McReynolds
- Senior Associate
Role: Legislative and Funding Advocate
Time With TPA: 4 years
Licenses and Certifications: Registered State and County Lobbyist
Reference: Lori Ann Farrell Harrison, City Manager, City of Costa Mesa
Email: loriann@costamesaca.gov Phone: (714) 754-5328
Comprehensive resumes including education, relevant project experience, and detailed
descriptions of relevant advocacy work performed can be found on the following pages.
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 16
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Christopher Townsend, President: Christopher founded TPA in 1998 and
has 40 years of experience in public affairs, legislative advocacy, and grant
writing. Christopher and TPA have represented over 315 clients, including
235 local public agencies, such as cities, counties, transportation agencies,
water and sanitation districts, elementary and secondary school districts,
community college districts, park and recreation districts, and other special
districts, as well as nonprofit organizations.
Townsend Public Affairs, Inc.
President
1998-Present
Christopher provides leadership to a team of 14 advocates and grant writers while managing the
development and implementation of strategies for the agendas of each client. His achievements
include:
Under Christopher's leadership, TPA has become one of the most successful advocacy firms
in California (and is continually recognized as a "top ten" firm registered with the California
Secretary of State) while still providing the personalized attention and focus of a small
boutique firm.
Under Christopher's leadership, TPA has shepherded over 100 legislative and regulatory
proposals into law over a wide range of policy areas, including local governance, water
and sanitation, transportation, housing and economic development, parks and natural
resources, historical and cultural resources, elementary and secondary education, higher
education, and public safety. The bipartisan capabilities of the firm are evidenced by
legislative and funding successes over the tenure of several federal and state
administrations. including: President Bill Clinton, George W. Bush, Barack Obama, Donald
Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown,
and Gavin Newsom.
• Christopher and his team have secured over $2.5 billion in local, regional, state, and
federal government grants as well as private and nonprofit grants for a multitude of legacy
projects in the policy sectors of water and sanitation, transportation, education, housing
and economic development, parks and natural resources, historical and cultural
resources, and public safety.
• Maintains close bi-partisan relationships with several members of the California
Congressional delegation, including Senators Feinstein and Padilla, and Representatives
Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi,
Carbajal, DeSaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim.
Christopher and TPA have participated in the development and implementation of several
California bond propositions for the statewide ballot to provide capital funding for major
infrastructure projects, including water and sanitation, transportation, education, housing
and economic development, parks and natural resources, and historical and cultural
resources, including Propositions 1, 1 B, 1 C, 1 D, 1 E, 12, 13, 14, 40, 47, 50, 55, 68 and 84.
Most recently, Christopher worked closely with the State Legislature and the Governor's
Q Proposal for State and Local Government Relations and Advocacy Services] Newport Beach Page 17
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office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was
approved on the November 2018 statewide ballot as Proposition 68.
In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve
on the Speaker's Commission on State and Local Government Finance.
In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on
the California Film Commission.
PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs
1992-1998
Christopher managed and directed government and media relations, crisis management, internal
communications, and marketing publicity. Christopher also managed the political action
committee for state and federal political races. Additionally, Christopher managed community
relations initiatives, corporate philanthropy, and the Taco Bell Foundation.
Stein -Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982-1992
Christopher directed government, community, and media relations at the level, state, and federal
levels, including the management of all political, civic, charitable, and cultural activities.
Christopher provided land -use planning and entitlement process analysis for domestic and
international projects. Christopher also managed activities with numerous state and federal
agencies to ensure compliance with all applicable laws and regulations governing land use.
Finally, Christopher created and directed a political action committee that supported various local,
state, and federal candidates and ballot initiatives.
JFK School of Government, Harvard University, Cambridge, MA
Master of Public Administration 1991
Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982
Coro Fellow
Southern California 1981
Harry S Truman Scholar
California 1980
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 18
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Casey Elliott, Vice President: Casey brings 22 years of legislative and
public policy experience to TPA. Casey develops and implements
legislative strategies for local public agency clients throughout California.
Casey maintains relationships with key members and staff of the State
Legislature, the Administration, and select state agencies. Casey has
expertise in the policy sectors of municipal finance, budget,
redevelopment, education, local governance, water resources, parks and
recreation, and cultural resources.
Townsend Public Affairs, Inc.
Vice President
2008-Present
As Vice President, Casey oversees a team of 14 TPA lobbyists registered with the California
Secretary of State. Casey provides timely expert analysis of legislative and budget proposals
introduced each legislative session for their potential effect on TPA clients. Some of Casey's
accomplishments include:
• Working with the City of Oakland and the City of Santa Ana, Casey helped advance
legislation and state budget requests to secure funding for California's largest cities to help
address issues surrounding homelessness. These efforts culminated in the creation of
the Homeless Emergency Aid Program (HEAP). Approved as part of the 2018 state
budget, HEAP provided a $500 million block grant program designed to provide direct
assistance to cities and counties to address the homelessness crisis. HEAP contained a
specific pot of funding for large cities, including a combined $12.3 million for Oakland and
Santa Ana.
Building on the success of the HEAP program, in 2019 the State Budget created the
Homeless Housing, Assistance and Prevention (HHAP) Grant Program, a $650 million
grant that provides local jurisdictions with funds to support regional coordination and
expand or develop local capacity to address their immediate homelessness challenges.
The HHAP program maintained dedicated funding for California's largest cities, including
a combined $28.1 million for the cities of Oakland and Santa Ana.
• Casey worked closely with the City of Lafayette to establish a small business assistance
program to help local businesses and non -profits lessen the economic impacts from the
coronavirus. Casey was able to work with the City to promote the program, work directly
with program participants to connect them with available state and federal resources, and
work with businesses to secure funding. Ultimately, the small business assistance
program worked with nearly 100 small businesses, which employed nearly 400 workers,
and were able to secure over $1.5 million in direct funding for the businesses.
• Through his work with the Department of Finance, the Legislature, and the Office of the
Governor, Casey has been able to lessen the impact of RDA dissolution on TPA clients.
Specific outcomes include: having over $35 million in projects in Santa Ana, Lafayette,
Brea, and Hayward recognized as enforceable obligations; facilitating accelerated transfer
of former RDA assets in Buena Park to allow for new development; and the passage of
legislation to allow expenditure of certain development agency bond proceeds.
• Casey helped the Newhall County Water District co-sponsor SB 634 (Wilk) which
established a new water district to serve as the primary water wholesaler and retailer for
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 19
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the Santa Clarita Valley. Casey coordinated efforts with the other impacted water
agencies and stakeholders to develop a coalition of local support for the legislation. The
legislation, which contained the enabling act for the new district as well as provisions that
allowed for a modified LAFCO process, was approved by the Legislature and signed into
law by Governor Brown.
Casey helped the Rancho Santiago Community College District and Coast Community
College District secure over $68 million in funding through the State Budget for three
capital outlay facilities projects. Casey worked with the districts' legislative delegation,
budget committee staff, and the Community College Chancellor's Office to advocate for
the priority budget items, including having the projects recommended for funding by the
Board of Governors of the California Community Colleges. The funding for these three
projects will allow for the design and construction of three new buildings that will provide
state of the art learning environments for community college students in Orange County.
Assemblyman Tom Umberg
Legislative Assistant
2006
Casey managed legislation for the Member, including education, workers' compensation, and
school facilities measures. Casey staffed the Member on the Assembly Education committee. He
also worked closely with legislative staff, committee consultants, state agencies, and interested
parties on legislation. In addition, he advised the Member and Chief of Staff on pending legislation.
Secretary of State
Legislative Coordinator 2005-2006
Casey briefed the Secretary of State and senior staff members on legislation affecting the agency.
Casey worked with Division Chiefs, senior staff members, and the Secretary of State to develop
legislative positions for the agency. Casey also worked with Department of Finance, state
agencies, and other interested parties on issues that affected the Secretary of State. In addition,
he researched and drafted legislative proposals for the agency.
Secretary of State
Legislative Analyst 2003-2005
Casey assisted in the research and development of legislation. In addition, Casey worked closely
with the State Legislature, Governor's Office staff, committee consultants, Department of Finance,
state agencies, and other interested parties on issues that affected the Secretary of State. Some
of Casey's special projects included staffing various taskforces, assisting in the development of
spending plans for legislatively mandated programs, and election -night support.
Office of the Governor
Senior Legislative Assistant 2000-2003
Casey chaptered all bills that the Governor signed and he processed all vetoed measures. Casey
worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the
Senate throughout the bill chaptering process. Casey also supervised a staff of 10 personnel
during the creation and assembly of up to 1500 bill files presented to the Governor.
University of California, Davis
Bachelor of Arts, Political Science 2000
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 20
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Cori Takkinen, Vice President: Cori brings 13 years of legislative
advocacy and public policy experience to TPA. Cori has extensive
experience writing grants for various local, regional, state, and federal
opportunities. Cori has expertise in the policy sectors of local governance,
transportation, water resources, infrastructure, sanitation, parks and
recreation, and economic development.
Townsend Public Affairs, Inc.
Vice President
2011-Present
Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive
grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori
has strong experience building coalitions, identifying synergies, and leveraging all available
opportunities to achieve success. Cori has a strong network of relationships with State
Legislators, key staff, and various state agencies. Some of Cori's accomplishments include the
following:
• In the FY 2021-22 State Budget, Cori worked with several municipal and nonprofit clients
to secure $54 million in budget earmarks for priority projects, including funding for mental
health, public safety, infrastructure improvements, and parks and trails improvements.
Cori worked with several Orange County cities including Huntington Beach, Irvine, and
Laguna Beach, to sponsor AB 2496 (Petrie -Norris). The legislation addresses the
prevalence of loud vehicle noise in communities and would enact changes to the motor
vehicle inspection and maintenance program (Smog Check) administered by the
Department of Consumer Affairs. Failing this inspection will ensure that these vehicles will
not be registered in the State. TPA worked to craft bill language and secure broad support
for the legislation. The bill was approved by the Legislature in the final days of the 2022
Legislative Session and is pending final action from the Governor.
• In the FY 2019-20 State Budget, Cori worked with 5 municipal clients and 1 nonprofit client
to secure $20.2 million in budget earmarks for priority projects, including funding for a
stormwater treatment facility, historical renovations, park and trail improvements, fire
prevention, and children's science education.
Leveraging relationships with the State Legislature, Cori secured an earmark in the FY17-
18 State Budget in the amount of $20 million to form the North Orange County Public
Safety Collaborative. Since that time, Cori has identified additional funding opportunities
at the state and federal level and the Collaborative has received a total of $40,800,000
since 2017. These annual funds have been allocated to be used for programs to address
youth violence prevention and intervention in K-12 schools, programs to promote and
enhance the successful reentry of offenders into the community and programs to address
homeless outreach and intervention efforts.
• Cori worked on behalf of the City of La Habra to secure a direct funding allocation in the
FY 2021-22 State Budget in the amount of $8.5 million to repair an underground culvert
in La Habra that collapsed due to a period of heavy rainfall. The culvert is a critical regional
channel that provides drainage to approximately the City of La Habra and a portion of
0 Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 21
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North Orange County. This is a critical infrastructure project to protect public health and
to protect one of North Orange County's busiest traffic corridors.
Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018-
19 State Budget in the amount of $4 million to upgrade water infrastructure within the
City. TPA worked with the City's legislative delegation, staff from the Assembly and Senate
Budget Committees, and the Department of Finance to ensure funding was included in
the State Budget for this critical project to allow the City's water customers to have real-
time access to their water usage, which will help facilitate water conservation and reduce
customers' utility bills.
Cori worked with the Orange County Water District and the Orange County Sanitation
District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly
treated and recycled GWRS water for educational purposes. The bill was the first
legislation in the nation that allowed for the direct bottling of advanced treated recycled
water. TPA secured bi-partisan support for the legislation and it was signed into law.
Cori has led the firm's advocacy efforts with the County of Orange and has worked to
secure procurement contracts for several private companies, including but not limited to
HMSHost, Mission Yogurt, Flagship Facility Services, and Griffin Structures. Cori has also
worked in partnership with various cities in Orange County to create partnerships with the
County of Orange to address City issues.
County of Orange, Board of Supervisors
Policy Advisor for Supervisor John Moorlach
2010
Cori served as a policy advisor for, then -County of Orange Supervisor John Moorlach. Cori was
responsible for research, analysis, and subsequent recommendations of all policy issues relating
to Orange County Public Works as well as state and federal legislation. Cori served as a liaison
between the Supervisor and County staff, constituents, and community groups.
Tom Campbell for US Senate Campaign
Chapman University, Orange, CA
Master of Public Administration
2010
2014
Claremont McKenna College, Claremont, CA
Bachelor of Arts Economics and Government with Leadership Sequence 2011
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 22
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149
Sean McReynolds, Senior Associate: Sean brings over 10 years of
government affairs experience to TPA. Sean has both state and federal
legislative experience in areas such as healthcare, water, natural
resources, environment, veteran issues, budget, and education. Sean has
a strong network of relationships with staff and members of the California
State and Federal Legislative Delegation.
Townsend Public Affairs, Inc.
Senior Associate
2019-Present
Since joining TPA, Sean has helped secure nearly $35 million in funding achievements for TPA
clients. Sean has also worked with clients to develop their legislative advocacy agenda at both
the state and federal levels. Some of his recent accomplishments include:
• Working with the City's lawmakers, as well as budget committees and staff, Sean helped
secure $11.2 million in state budget funding for the City of Costa Mesa. This funding will
allow the City to complete several critical park projects, including Jack Hammett Sports
Complex, TeWinkle Athletic Complex, Ketchum-Libolt Park, Fairview Park Mesa, and
Shalimar Park.
Sean helped the City of Beaumont secure $1.5 million in federal Community Project
funding, also known as federal earmarks. Working with the City's Congressional
Representatives, Sean shepherded funding for the Pennsylvania Avenue Widening
Project to help revitalize a major thoroughfare in the City and allow this infrastructure
project to be completed.
Leveraging his legislative and agency relationships, Sean helped secure $1.5 million in
grant funding for Beaumont -Cherry Valley Water District that has allowed the district to
deploy a more effective water utility delivery system for its customers. This new system,
which streamlines water meter readings and reduces costs, will allow the water district to
increase its water savings while providing high -quality water resources for residents and
businesses.
In this year's state budget cycle, Sean secured $2.2 million for the City of Del Mar to
complete the Camino Del Mar Bridge Replacement project. This critical infrastructure
project will allow residents, commuters, and pedestrians to more safely cross a major
bridge that connects the region to the broader transportation network. Sean utilized his
relationships with legislative leadership, staff, and relevant budget committees to help
identify this funding opportunity for Del Mar.
• Sean has worked with multiple city clients to draft, sponsor, and coordinate state
legislation and legislative directed spending. Sean has worked with elected officials on the
legislative process and ensuring that bill language reflects client objectives. Specifically,
Sean has worked on housing regulatory policy and transportation issues to ensure cities
are allotted their fair share of State funds.
Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 23
18-47
Orange County Health Authority
Senior Policy Analyst
2016-2018
Sean was responsible for helping develop and implement CalOptima's legislative agenda,
strengthening relations with elected officials at every level of government, and improving the
agency's positive image in the community. Sean also worked with trade associations, lawmakers,
and government agencies to further the agency's goals and objectives.
U.S. House of Representatives, Congressman Ed Royce
Legislative Assistant/House Foreign Affairs Committee Liaison
2011-2015
Sean worked for Rep. Ed Royce in Washington D.C. and was responsible for managing a
legislative portfolio, advising the Congressman on policy recommendations, and coordinating
communications between the D.C. and California offices on House Committee actions.
California State University, Fullerton
Bachelor of Arts, Political Science
2012
Q Proposal for State and Local Government Relations and Advocacy Servicesf Newport Beach Page 24
18-48
TPA will utilize the following strategic and comprehensive approach to provide state and local
government relations and advocacy services for the City:
Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that
includes extensive meetings with various relevant members of City leadership and key City
departments to help develop a strategic plan that is carefully tailored to satisfy the needs of
the City, as well as designed for maximum success in the current political climate and funding
environment in Sacramento and in the County of Orange.
• Develop Legislative and Advocacy Strategy: Utilizing the information gathered during the
onboarding process, TPA will coordinate with the City to develop an official legislative platform
and strategy that represents the City's priorities in Sacramento and with the County of Orange.
This blueprint will be shared with key stakeholders in the State Legislature, the Governor's
Administration, and at the County of Orange.
• Implement the Advocacy Strategy: TPA will advocate for the City's agenda utilizing the
following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of
valuable relationships that will be leveraged to promote the City's legislative agenda
including, but not limited to: members of the Governor's Office, State Legislature, State
agencies, Orange County Board of Supervisors, and County staff..
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various
techniques to leverage our network of key relationships on behalf of the City:
• Analyze legislative and regulatory matters that may affect the City of Newport
Beach
• Schedule meetings for the City to discuss relevant legislation and policy items
• Prepare all briefing materials and talking points for the City
■ Brief legislative offices and stakeholders on the City's legislative agenda
• Follow-up on meetings to ensure commitments and deliverables are being met
c Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips
to Sacramento to meet with the City's legislative delegation, as well as legislators that
serve on committees relevant to the City's agenda. TPA will also coordinate with the
City on any meetings at the staff or Supervisor level at the County of Orange.
Furthermore, whenever possible, TPA will also schedule site visits by legislators and
County Supervisors to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and
amendments relevant to the City's legislative platform and assess their potential
impact on the City, including legislation on priority areas for the City, including but not
limited to housing policy, and policy related to State -licensed group residential care
facilities.
o Craft Testimony and Position Letters: TPA will prepare and submit written and
verbal testimony regarding legislation relevant to the City. TPA will also draft and
O Proposal for State and Local Government Relations and Advocacy Services Newport Beach Page 25
18-49
PROJECT APPROACH
deliver position letters to legislators and key officials on specific bill language. In
addition, TPA will draft relevant position letters for County policy positions and deliver
them to the Board of Supervisors.
o Draft Bill Language: TPA will draft language and amendments for relevant legislation,
as required to protect and promote the City's agenda.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA
will work with the City to identify projects and other funding priorities that may be
suitable for funding through the State Budget. TPA will coordinate with the City to
develop supporting materials for the budget request. TPA will also work with members
of the City's state legislative delegation, along with the Assembly and Senate Budget
Committees, to gain support for the inclusion of the City's project in the final State
Budget approved by the Legislature.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will
provide timely electronic reports on the status of all legislative activity, such as bill language,
amendments, and committee analyses. In addition to written reports, TPA will be available to
the City for conference calls, in -person briefings, and meetings.
Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the
City, all applicable state lobbying disclosure reports.
Q Proposal for State and Local Government Relations and Advocacy Services) Newport Beach Page 26
18-50
*:1: II = =
SCHEDULE OF BILLING RATES
Townsend Public Affairs, Inc. Page B-1 18-51
DESCRIPTION OF SERVICES I FEE
State Legislative Advocacy
Services
$6,500 Per Month
DESCRIPTION
OF SERVICES I FEE
Local Advocacy Services
$3,000 Per Month
DESCRIPTION
OF SERVICES I FE
Total Cost
$9,600 Per Month
DESCRIPTION OF SERVICES I FEE
Bundled State and Local
Services for Newport Beach
$6,000 Per Month
•
Conduct Detailed Orientation
0
Conduct Detailed Orientation
0
Conduct Detailed Orientation
0
Conduct Detailed Orientation
•
Develop Legislative Strategy
a
Develop Legislative Strategy
0
Develop Legislative Strategy
.
Develop Legislative Strategy
•
Implement the Legislative
Strategy
Implement the Legislative Strategy
Implement the Legislative
Strategy
.
Implement the Legislative
Strategy
•
Build and Strengthen Relevant
Relationships
.
Build and Strengthen Relevant
Relationships
0
Build and Strengthen Relevant
Relationships
•
Build and Strengthen Relevant
Relationships
•
Leverage Relationships for
Strategic Advocacy Plan
0
Leverage Relationships for
Strategic Advocacy Plan
0
Leverage Relationships for
Strategic Advocacy Plan
.
Leverage Relationships for
Strategic Advocacy Plan
•
Coordinate Advocacy Trips
a
Coordinate Advocacy Trips
9
Coordinate Advocacy Trips
0
Coordinate Advocacy Trips
•
Track Legislation
•
Track Legislation
0
Track Legislation
.
Track Legislation
•
Craft Testimony and Position
Letters
N
Craft Testimony and Position
Letters
0
Craft Testimony and Position
Letters
•
Craft Testimony and Position
Letters
•
Draft Bill Language
a
Draft Bill Language
•
Draft Bill Language
&
Draft Bill Language
•
Provide Progress Reports
6
Provide Progress Reports
0
Provide Progress Reports
•
Provide Progress Reports
•
Prepare and File Lobbying
Disclosure Reports
0
Prepare and File Lobbying
Disclosure Reports
a
Prepare and File Lobbying
Disclosure Reports
Prepare and File Lobbying
Disclosure Reports
•
State Earmark Opportunities
a
State Earmark Opportunities
0
State Earmark Opportunities
The above bundled monthly fee is all inclusive, including but not limited to, all business, travel, mileage, copies, fees, meals, lodging, and any
other cost or expense of any nature whatsoever associated with carrying out the Scope of Services to this Agreement. No additional amounts
shall be charged to the City other than the monthly flat fee set forth above without the prior written consent of the City.
Q Cost File for Local Government Relations and Advocacy Services I City of Newport Beach Page 1
18-52
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Townsend Public Affairs, Inc. Page C-1 18-53
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Townsend Public Affairs, Inc. Page C-2 18-54
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. Cites Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
Townsend Public Affairs, Inc. Page C-3 18-55
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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