Document Anaheim_doc_7d3a283676

Request for Proposals No. 012015 State Legislative Advocacy and Consulting Services CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 RFP Issued: January 20, 2015 Pre-submittal Conference Call: February 5, 2015 Proposals Due: February 13, 2015 Candidate Interviews: February 25 - 26, 2015 Contract Award by City Council: March 17, 2015 Commence Service: April 1, 2015 ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 2 CITY OF ANAHEIM Table of Contents 1. Summary 3 A. Background 3 B. Scope of Work 3 C. Minimum Qualifications 5 2. RFP 6 A. Schedule and Response Submittal 6 B. Proposal Evaluation and Award 7 C. Contact with the City of Anaheim during RFP Process 7 3. Proposal Requirements 8 A. Format 8 B. Content 8 4. Proposal Terms and Conditions 10 A. Terms and Conditions 10 5. Attachments 11 ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 3 CITY OF ANAHEIM 1. Summary This Request for Proposals No. 012015 (“RFP”) was issued to solicit responses from qualified individuals or firms (“Consultants”) to provide state legislative advocacy and consulting services for the City of Anaheim (“City”), which include its Departments. The City intends to enter into an agreement with a well-managed, highly qualified Consultant to provide professional services that support the administration of the City’s legislative program. The scope of work required generally include providing analysis and advice on legislative issues, developing strategies, monitoring legislation, advocating for Anaheim’s priorities and interests, and identifying funding opportunities. A. Background Founded in 1857, the City of Anaheim is a charter city with a population of approximately 336,000 and is the 10th largest city in California and the largest in Orange County. The City covers 50.8 square miles providing various residential, commercial and industrial opportunities. The City is also a top entertainment destination, being home to the Anaheim Convention Center, Angel Stadium and the Disneyland Resort. The City provides various public services to meet these needs including public safety, recreation and open space; and is also unique in that it owns and operates the only publicly-owned electric and water utility in the County. The City of Anaheim has a City Council-City Manager form of government, where the locally elected five-member City Council is responsible for determining policy and the City Manager oversees the implementation of those policies. There are also 11 boards or commissions, appointed by City Council, that serve as advisory panels to the Council on several issues including, but not limited to, public utilities, community services, and planning. Within the City, legislative and regulatory affairs are overseen by the Deputy City Manager, who reports to the City Manager. Anaheim actively monitors state and federal legislation that could potentially impact its operations, particularly in the areas of municipal governance, energy and water policy, transportation and public works, public safety, and community services. The City’s legislative program is generally focused on maintaining its local jurisdiction and providing valued services to its community, protecting its taxpayers against unfunded mandates, and maintaining the ability to provide reliable, cost-effective electric and water service. Anaheim participates in a multiple professional associations and organizations including, but not limited to, the Association of California Cities – Orange County, U.S. Conference of Mayors, California Big 10 Mayors Group, California Municipal Utilities Association, Southern California Association of Public Power Agencies, and the Municipal Water District of Orange County. B. Scope of Work 1. Agreement Term of Services: The City anticipates entering into a firm, fixed price professional services agreement (“Agreement”) with the selected Consultant under this RFP. The Agreement period will be for two years and eight months, beginning April 1, 2015 and ending December 31, 2017, where the City will have the option to renew this Agreement for up to three one-year terms. 2. Reporting Relationship: The Deputy City Manager and/or his/her designee will be the key contact and will direct the work of the Consultant. The Consultant will also work closely with other City Department staff. 3. Responsibilities & Objectives: The professional services listed below are a general guide of the work expected from the Consultant and is not a complete listing of all services that may be required. The Consultant ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 4 CITY OF ANAHEIM must be able to provide advocacy services, as needed, for the City Departments listed in Attachment III; specific deliverables and performance measures may be developed for the selected Consultant prior to Agreement execution.  Represent the City of Anaheim before the State Legislature – including legislators, committees, and staff – and the Governor’s staff.  Identify, analyze, monitor and report on state legislation, budget proposals and regulations that potentially impact the operations, program funding levels, or strategies of the City and its Departments.  Establish, strengthen and maintain relationships with the Governor’s Office, the Legislature and state departments and agencies. Serve as a reliable and consistent conduit of information.  Assist in drafting materials and securing bill sponsors in order to advocate the City’s legislative program, including, but not limited to, position letters, new legislation, regulatory and legislative amendments, and other informational documents.  Accurately and persuasively advocate the City’s policy goals and objectives in Sacramento; this includes communicating the City’s legislative programs and concerns to appropriate elected representatives, committees and other state agencies, as well as testifying on behalf of the City.  Assist in developing strategies to manage potential legislative and regulatory impacts, while supporting the City’s legislative program; this includes coordinating with the City’s industry associations and groups in order to maximize efforts.  Participate in the preparation or update of the City’s legislative program by informing staff on upcoming legislative proposals, budget forecasts, and potential policy issues.  Educate the appropriate legislators, legislative staff, the Governor’s office and state agencies on legislative impacts to the City and other concerns.  Facilitate and participate in meetings with key state legislators, the Governor’s Office, and state agencies to influence outcomes of legislation, as needed.  Participate in City conference calls and meetings by providing legislative updates, analyses and strategic direction, as needed.  Identify state programs that provide funding for the City’s activities, including preparing and presenting grant applications and facilitating the application process, as needed.  Assist in securing authors and drafting language for sponsor bills, as well as drafting legislative and regulatory amendments.  Assist in reporting lobbying activities to the Secretary of State.  Furnish deliverables and work products in a timely, cost-effective manner. Deliverables and work products expected from the Consultant may include but are not limited to: o reports highlighting developments in the Capitol. o Periodic reports of advocacy activity, meeting participation, and accomplishments. o Analyses of budgets, legislation and regulations. o Annual reports to the City Council, as needed. o Annual tour of the Capital for Council and City staff, as needed. o Quarterly reporting of lobby activities. o Copies of all correspondence, testimony, applications and papers given on behalf of the City. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 5 CITY OF ANAHEIM C. Minimum Qualifications The Consultant must be competent to effectively and efficiently act as a legislative advocate at the state level on behalf of the City of Anaheim. Minimum qualifications for the Consultant require:  A minimum of five years of direct experience providing state representation on issues and objectives to clients similar to Anaheim, including a deep understanding of municipal issues, California energy and water policy, and local government;  An assigned principal of the firm to provide direct services and, at a minimum, one full-time staff member to exclusively serve the City;  No direct conflict(s) of interest in representing the City’s interests;  An active registration at the office of the Secretary of State;  An established office in Sacramento, convenient to the State Capitol, which must be made available for City staff, City Council members, and/or other City board/commission members, as needed. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 6 CITY OF ANAHEIM 2. RFP Process This RFP No. 012015 is available online in the City’s website located at: www.anaheim.net/title/Finance/Professional+Services/, under “Current Bid Opportunities.” Copies of the RFP may also be obtained by contacting Maggie Solorio at [PHONE REDACTED] or [EMAIL REDACTED]. A. Schedule and Response Submittal 1. Schedule: Below are key deadlines anticipated in this RFP process; however, dates are subject to change at the discretion of the City. Note, there will be no initial applicant conference or meeting for this RFP. RFP Issued January 20, 2015 RSVP from vendors due for pre-submittal conference call February 4, 2015 Pre-submittal conference call with vendors February 5, 2015 Deadline for Proposal submittal February 13, 2015 Top Candidates notified for Interviews February 20, 2015 Candidate Interviews February 25 - 26, 2015 City Council consideration of contract March 17, 2015 Service Commencement Date April 1, 2015 2. Pre-submittal conference call: The City will host a conference call to address any questions, interpretations or clarifications regarding this RFP which will be held on February 5, 2015. In order to participate in the pre-submittal call, an RSVP email must be sent to Maggie Solorio at [EMAIL REDACTED] by 10:00 am February 4, 2015 that includes the firm’s name, number of participants, and names of each participant. City staff will not respond to any requests for clarifications, interpretations or questions to the RFP after the Pre- submittal call. The City may provide an addendum on clarifications, interpretations or questions on the RFP on its webpage at www.anaheim.net/title/Finance/Professional+Services/ It is the prospective applicant’s responsibility for monitoring this webpage for any postings relevant to RFP No. 012015 as the selected Proposal, RFP and any addenda may become a binding part of the Consultant’s Agreement with the City. 3. Submittal: Responses to this RFP (“Proposals”) must be submitted in a sealed package by the deadline of 4:00 p.m. February 13, 2015. Proposals and/or related materials submitted after the deadline will not be accepted. Proposals and packages must be addressed and submitted to: Maggie Solorio, Executive Assistant City of Anaheim 200 S. Anaheim Blvd. Suite 733 Anaheim, California 92805 Phone: 714-765- 5019 Email: [EMAIL REDACTED] Each Proposal package must be clearly labeled with “RFP No. 012015: City of Anaheim State Legislative Advocacy Services” and include:  Five printed copies of the proposal document [one original and four copies]; and  One compact disc or USB storage drive containing a PDF file of the proposal. The Proposal content and format requirements are discussed in detail in Section 3, page 8. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 7 CITY OF ANAHEIM B. Proposal Evaluation and Award 1. Evaluation: The selected Consultant must be competent to act as a state legislative advocate on behalf of the City. An evaluation committee comprised of City staff will evaluate the Proposals and select the top-ranked Consultants for interviews. The Proposal evaluation will generally be based on the following criteria:  Qualifications, Experience & Expertise (20%) o How long has the firm represented City agencies? o How successful has the firm been in achieving their client’s goals in a timely and cost-effective manner? o Do the firm’s current clients pose significant conflicts with the City’s interests?  Staffing & Project Management (35%) o What training and experience do the principal and staff members have to effectively and efficiently advocate on behalf of the City? o Do the principal/individuals have strong bipartisan relationships? o Do the principal/individuals have strong relationships with Senate and Assembly leadership, and appropriate committee members? o Do the principal/individuals have strong relationships with appropriate state agencies? o Do the principal/individuals have strong relationships with the Governor and his administration? o Do the principal/individuals have adequate resource/time to serve the City’s interests?  Work Plan (30%) o Does the firm have a good understanding of the City’s needs? o Does the firm have a good understanding of necessary advocacy goals? o Does the firm’s approach in representing the City work in concert with the City’s policies and objectives?  Cost (15%) o How does the cost compare to the City’s budget for this contract? o Is the cost fully inclusive of all services requested in the RFP? 2. Interviews: An interview panel, consisting of the evaluation committee will conduct in-person interviews only with the top-ranked Consultants in Anaheim, California. Interviews may consist of a brief presentation by the applicant, followed by questions related to the Consultant’s qualifications, experience and Proposal. Failure to appear at the interview will result in the firm being considered non-responsive and will result in disqualification from further consideration for RFP No. 012015. 3. Selection & Award: The panel will apply uniform criteria to score the interviews and select the highest ranking Consultant for recommendation to the City Council for an award of professional services. Proposals should include the Consultant’s most favorable terms and conditions as selection and award may be made without further discussion. The City reserves the right to recommend the award of its total requirements to one Consultant or apportion those requirements among more than one Consultant. C. Contact with the City of Anaheim The Deputy City Manager shall represent the City of Anaheim in all matters pertaining to RFP No. 012015 and act as the official point of contact for the RFP. Communication between a proposer and any City of Anaheim elected official or City Staff other than the official point of contact regarding the selection of a proposal, a proposer, or the award of a contract for the work for which this RFP has been issued is prohibited from the time the RFP is advertised until the award of a contract to the proposer selected by the City. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 8 CITY OF ANAHEIM 3. Proposal Requirements All Proposals must follow the instructions in the prescribed format and include the content discussed below. Proposals should be concise, including only information relevant to this RFP as any extraneous information or marketing materials will not be considered during the evaluation process. A. Format Proposals must be typed and may include attachments or appendices. B. Content 1. Cover Letter: At a minimum, the Cover Letter must contain the following:  Identification of the Consultant, including the type of entity and the address and telephone number of the main office.  Identification of the primary contact person during Proposal evaluation, including name, title, address, telephone number and email address.  The proposed working relationship between the Consultant and any subconsultants, if applicable.  A statement of intent to perform the services as outlined in the Proposal. If any, state any exceptions or omissions to the RFP’s requirements, Scope of Work and/or Proposal Terms and Conditions.  A statement indicating that the Proposal shall remain valid for a period of not less than 120 days from the date of submittal.  Signature of an officer with the requisite corporate authority to represent the Consultant’s Proposal and to enter into binding contracts. 2. Qualifications, Experience & Expertise: Provide a clear overview of the qualifications and relevant experience of the Consultant, including:  The Consultant’s organization, background, number of years in business, principal(s), owner(s), and the average number of full-time professionals employed within the past five years.  The Consultant’s experience in providing legislative and advocacy services on municipal, energy, water, transportation, environmental, or other issues relevant to local governments and/or municipal utilities.  The Consultant’s successes in advocating and representing local governments, municipal utilities, and/or similar organizations.  Contact information of at least three client references the Consultant has served in a capacity similar to the Scope of Work.  The Consultant shall identify any fines and/or other actions from the State’s Fair Political Practices Commission, or any other state or federal agencies it has received.  If applicable, describe whether the Consultant has, within the last three years, rendered any service to the City either as a prime or subcconsultant. If so, please describe the contract status (prime or sub), services provided, contract start and end dates, and contract amount. 3. Staffing & Project Management: Provide a clear delineation of proposed staffing and project management to fulfill the responsibilities and objectives outlined in the Scope of Work, including:  The name(s) of the principal(s) and individual(s) proposed to be assigned to serve the City under this RFP (“Consultant Staff”). If applicable, state whether the Consultant intends to use a subconsultant as part of the Consultant Staff (see Section 4 page 10 for more information).  A description of the relevant policy expertise and qualifications of Consultant Staff, including advocacy experience relating to issues potentially impacting any of the City’s Departments including those listed in Attachment III. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 9 CITY OF ANAHEIM  A description of the relationships with key members of the State Legislature with whom Consultant Staff have a special relationship, including those in the majority and minority parties of the Legislature and in the Orange County delegation.  A description of the relationships with key officials of state departments, agencies, boards, and commissions, and other state entities related to City government with whom Consultant staff have a special relationship, including but not limited to, the Air Resources Board, the Department of Water Resources, the Public Utilities Commission, the Energy Commission and the Governor’s office and administration. 4. Work Plan: Provide detailed information on the Consultant’s proposed approach for fulfilling the responsibilities and objectives outlined in the Scope of Work, including specific strategies and activities. In addition, describe the Consultant’s outlook on the state-level issues potentially affecting the City for the next two years (include examples of actual legislation/policies), identify key advocacy goals for those legislative sessions and how the Consultant would assist the City in achieving such goals. The Work Plan must show the Consultant’s knowledge and familiarity with, at a minimum, municipal issues, energy and water policy, the municipal utility business model, municipal finance, and municipal enterprise activities. 5. Additional Qualifications: If necessary, present any qualifications or information not previously covered in this RFP that the Consultant believes would be beneficial to the City. 6. Cost and Price: Include the proposed pricing to provide services as outlined in the Scope of Work as a firm, fixed-price rate. The compensation rate proposed shall include all labor and expenses. 7. Pending Litigation: Indicate all pending litigation that could affect the viability of the Consultant’s proposal or financial stability. 8. Conflict of Interest Determination: Provide a listing of current clients and/or work with other entities. This listing will be used by City staff to assist in identifying interests that may potentially conflict with the City of Anaheim. If the Consultant intends to use subconsultants, include the clients and/or work of the subconsultant. 9. Participant Disclosure Forms/Form 700 Statement of Economic Interest: In accordance with the statutory requirements of the State of California Government Code Section 84308, part of the Political Reform Act and Title 2, California Code of Regulations 18438 through 18438.8, and the Fair Political Practices Act, Consultants are required to complete a California Form 700, Statement of Economic Interest disclosure package. The Consultant, and subconsultant (if applicable), must submit one copy of the completed form(s). ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 10 CITY OF ANAHEIM 4. Proposal Terms and Conditions By submitting a Proposal in response to RFP No. 012015, the Consultant represents that it has thoroughly examined and accepts the Terms and Conditions of this RFP described below. A. Terms and Conditions 1. Examination of RFP No. 012015: Applicants represent that it has thoroughly examined and become familiar with the services and responsibilities required under RFP No. 012015 and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated as part of RFP No. 012015. 2. Execution of Agreement: The City and the selected Consultant will enter into an Agreement similar to that as shown on Attachment I of this RFP. If a Consultant is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Consultant or call for new Proposals, whichever the City deems most appropriate. 3. Insurance: The selected Consultant shall furnish and maintain insurance coverage, provisions and related endorsements that meet the City’s requirements found in Attachment II of this RFP. Insurance documentation will be needed prior to execution of the Agreement. 4. Proposal Validity: Services, pricing and warranties indicating in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal. 5. Pre-Contractual Expenses: Anaheim shall not, in any event, be liable for any pre-contractual expenses incurred by applicants in the preparation of its proposal. 6. Joint Offers / Subconsultants: Where two or more applicants desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Consultant shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of this contract shall apply to all subconsultants in the same manner as to the Consultant. 7. Conflicts of Interest: The selected Consultant under this RFP will be prohibited from representing or lobbying for any party competing for a contract with the City (either as a prime consultant or as a subconsultant). 8. Reservation Rights & Representations: The City reserves the right to reject any and all Proposals, to waive any non-material irregularities or informalities in any Proposal, and to accept or reject any item or combination of items in any Proposal. The City reserves the right to withdraw this RFP at any time without prior notice. The City reserves the right to amend, revise or change the RFP’s evaluation and interview criteria at any time. Anaheim makes no representations that any contract will be awarded to any Consultant responding to this RFP. In cases where only one or a few Proposals are received, the City reserves the right to accelerate the RFP process. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 11 CITY OF ANAHEIM 5. Attachments ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 12 CITY OF ANAHEIM I. Sample Agreement ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 13 CITY OF ANAHEIM AGREEMENT THIS AGREEMENT, dated for purposes of identification only this ___day of 2015, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM," A N D a _________corporation, hereinafter referred to as “CONSULTANT.” ANAHEIM and CONSULTANT are sometimes individually referred to herein as “Party” and collectively as “Parties.” W I T N E S S E T H: WHEREAS, ANAHEIM 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 the City of Anaheim; and WHEREAS, ANAHEIM desires to obtain the services of a consultant to formulate and assist with state legislative and regulatory advocacy and strategies, including assistance with securing state support and funding for City programs and services; and ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 14 CITY OF ANAHEIM WHEREAS, CONSULTANT represents that it is qualified to perform the professional consulting services described in this Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SERVICES TO BE PROVIDED BY CONSULTANT CONSULTANT shall provide to ANAHEIM the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide services in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 2. TERM The term of this Agreement shall be for __________beginning on and ending on with an option for up to an additional three one year renewals at the discretion of the City Manager, unless terminated earlier pursuant to Section 20 of this Agreement. 3. COMPENSATION 3.1 ANAHEIM shall pay CONSULTANT, for services satisfactorily performed pursuant to this Agreement, the sum of per month. CONSULTANT and ANAHEIM agree that no changes to the rate shall be made during the term of this Agreement. 3.2 The Parties agrees that the Contract Amount set forth below includes all out-of-pocket expenses of CONSULTANT, with the exception of extraordinary expenses or travel-related costs pre-approved by the City Manager. CONSULTANT shall not be reimbursed for any other expenses. 3.3 It is understood by and agreed between the Parties to this Agreement that ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 15 CITY OF ANAHEIM full and complete payment for all services pursuant to this Agreement shall not exceed Amount”). 3.4 CONSULTANT shall submit invoices to ANAHEIM for work performed during the billing period. ANAHEIM shall pay CONSULTANT within thirty (30) days after approval of the invoice by ANAHEIM staff. 4. RESERVED 5. STANDARD OF CARE 5.1 CONSULTANT shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the services required by this Agreement. 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 the professional standard of care. 5.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in 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. 6. INDEPENDENT CONTRACTOR 6.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT performs the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT or its ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 16 CITY OF ANAHEIM representatives, contractors, or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times, as to ANAHEIM, a wholly independent contractor with only such obligations as are consistent with that role. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT. 6.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability, retirement, life, unemployment, health or any other benefits, and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor against ANAHEIM or any of its officers, employees, agents, representatives or sureties. 7. INSURANCE 7.1 Without limiting ANAHEIM's right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows: .01 Workers' Compensation Insurance if and as required by California statutes. 7.2 ANAHEIM's Risk Manager is hereby authorized to reduce the requirements set forth above in the event he determines that such reduction is in ANAHEIM's best interest. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 17 CITY OF ANAHEIM 7.3 Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required by this Agreement. 8. INDEMNIFICATION As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of CONSULTANT's negligent acts, errors or omissions in the performance of his professional services under the terms of this Agreement. As respects all acts or omissions of CONSULTANT which do not arise directly out of the performance of professional services, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) performance or failure to perform, under the terms of this Agreement, excepting those which arise out of the sole negligence of ANAHEIM. 9. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 18 CITY OF ANAHEIM ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT. 10. SUBCONTRACTING CONSULTANT warrants and represents that it shall not use any subcontractor to perform work or services required under this Agreement, unless approved in writing by ANAHEIM. 11. USE AND OWNERSHIP OF DOCUMENTS AND DATA 11.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire. 11.2 All documents and materials furnished by ANAHEIM to CONSULTANT, pursuant to Section 11.1, shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by CONSULTANT in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM 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 sole cost and expense, provide such documents and material to ANAHEIM upon prior written request. 12. CONFIDENTIALITY All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the services provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of said information. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 19 CITY OF ANAHEIM 13. INTELLECTUAL PROPERTY INDEMNITY CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement. 14. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three 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 ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created, pursuant to this Agreement, during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three years from the date of final payment to CONSULTANT under this Agreement. 15. WITHHOLDINGS ANAHEIM 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 his/her designee with respect to such disputed sums and his/her ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 20 CITY OF ANAHEIM decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 16. 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 ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM’s rights under the law or any other sections of this Agreement. 17. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services. 18. CONFLICTS OF INTEREST 18.1 CONSULTANT represents that neither it nor any of its officers, partners or employees has a financial interest, as defined in Section 87103 of the Government Code, in the subject matter of this Agreement other than the right to receive payment from ANAHEIM for services rendered. 18.2 CONSULTANT agrees that it shall not make, participate in making, nor in any way attempt to use its position as consultant to influence any decision of ANAHEIM in which CONSULTANT knows, or has reason to know, that any of its officers, partners or employees has a financial interest as defined in Section 87103 of the Government Code. 18.3 CONSULTANT warrants that neither CONSULTANT nor any of its ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 21 CITY OF ANAHEIM officers, partners or employees, has any financial interest in any real property, building or structure within 2,500 feet of the location of any project or assignment to which this Agreement may apply in the City of Anaheim. CONSULTANT agrees to disclose to ANAHEIM any financial interest in such property as may be acquired by its officers, partners or employees during the term of this Agreement. 18.4 CONSULTANT is familiar with the terms of Government Code Section 87000 et. seq., and will comply with any of those terms that apply to it. 19. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses: If to ANAHEIM: ANAHEIM City Clerk City of Anaheim 200 S. Anaheim Boulevard, 2nd Floor Anaheim, California 92805 FAX No. (714) 765-4105 With copies to: Lisa Hughes Assistant to the City Manager City of Anaheim 200 S. Anaheim Blvd., 7th Floor Anaheim, CA 92805 FAX No. (714) 765-5164 ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 22 CITY OF ANAHEIM To CONSULTANT: 20. ENFORCEMENT OF AGREEMENT 20.1 Events of Default. .01 For purposes of this Section 20, the word “Default” shall mean the failure of CONSULTANT to perform any of CONSULTANT’s duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT’s application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT’s assets or of CONSULTANT’s interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 23 CITY OF ANAHEIM extent of any such failure; provided, however, that if the nature of ANAHEIM’s obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. 20.2 Immediate Termination for CONSULTANT’s Default. In the event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONSULTANT of written notice from ANAHEIM. In such event, CONSULTANT shall have no further rights hereunder, and ANAHEIM shall have all other rights and remedies as provided by law. 20.3 Termination Without Cause. Either of the Parties may terminate this Agreement at any time without the necessity of cause or Default by giving thirty (30) days written notice to the other Party. 21. 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, and including, but not limited to, the laws and regulations that prohibit the use of public funds for campaign activities or personal use. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the City Manager. 22. 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 of the same or any ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 24 CITY OF ANAHEIM other term, covenant or condition contained herein, whether of the same or a different character. 23. INTEGRATED CONTRACT This Agreement and Exhibit A hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. 24. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and Exhibit A, or any other documents attached hereto, the terms of this Agreement shall govern. 25. INTERPRETATION Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties. 26. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney. 27. SEVERABILITY If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 25 CITY OF ANAHEIM than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 28. REMEDIES CUMULATIVE The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy. 29. NO THIRD PARTY BENEFICIARIES The Parties intend that neither rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein. 30. 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. 31. DISCRIMINATION CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of services under this Agreement. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 26 CITY OF ANAHEIM 32. AUTHORITY Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that it or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM’s request, deliver a certified copy of its governing board’s resolution or certificate authorizing or evidencing such execution. 33. EFFECTIVE DATE This Agreement shall be effective on (“Effective Date”). [SIGNATURES ON FOLLOWING PAGE] ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 27 CITY OF ANAHEIM EXHIBIT A SCOPE OF WORK ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 28 CITY OF ANAHEIM II. Insurance Requirements Without limiting the City of Anaheim’s (“City”) right to indemnification, it is agreed that the Consultant shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows: Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Consultant’s Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to Anaheim, in writing, at the inception of this Agreement. Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law. Professional Liability Insurance in an amount not less than $1,000,000 per occurrence, and Consultant shall maintain such coverage for at least one year from the termination of this Agreement. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to Anaheim, in writing, at the inception of this Agreement. Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: “This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd. Suite 217 Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days notice.” Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions: “It is agreed that any insurance maintained by Consultant pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Anaheim.” “The City of Anaheim, its officers, agents, employees, representatives and Anaheim- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.” Prior to commencing any work under this Agreement, the Consultant shall deliver to the City insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, the Consultant shall provide the City endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to the City evidencing that the coverage, terms, and conditions set forth in the above- ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 29 CITY OF ANAHEIM referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to the City, with prior written permission from the City. In the event that a claim or other legal action is filed against the City, and if the City, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then the City has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that Consultant shall fully defend, hold harmless, and indemnify the City against any such claim or other legal action. In addition to other remedies the City may have if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Terminate this Agreement Exercise of any of the above remedies, however, is an alternative to other remedies the City may have and is not the exclusive remedy for the Consultant’s failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Consultant may be held responsible for payments of damages to persons or property resulting from the Consultant’s, (or Consultant’s sub-consultant, if any) performance of the work covered under this Agreement. In the event the Consultant hires other persons or firms to perform some of the work related to this Agreement, the Consultant shall ensure that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of the Consultant under this Agreement (except for firms which are not performing professional services—such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, Consultant shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to the City. The City’s Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in the City’s best interest. ---PAGE BREAK--- REQUEST FOR PROPOSALS NO. 012015: STATE LEGISLATIVE ADVOCACY ISSUED: JANUARY 20, 2015 PAGE 30 CITY OF ANAHEIM IV. List of City of Anaheim Departments  City Administration / City Manager  City Clerk  City Treasurer  Community Development  Community Services  Convention Center  Finance  Fire & Rescue  Human Resources  Planning & Building  Police Department  Public Utilities  Public Works