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SR-06-11-2013-3EYof i Council Report Santa Monica City Council Meeting: June 11, 2013 Agenda Item: 3 -E To: Mayor and City Council From: Kathryn Vernez, Deputy City Manager, Special Projects Subject: Professional Services Agreement with ShawNoder/ Antwih, Inc. for State Representative and Lobbying Services Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a five year professional services agreement with ShawNoder /Antwih, Inc., a California -based company, in an amount not to exceed $229,556 for state representative and lobbying services with future year funding contingent on Council budget approval. Executive Summary Following a competitive process, staff recommends entering into a new contract with ShawNoder /Antwih, Inc. to continue representing the City's legislative interests in Sacramento. In April 2013, the City issued a Request for Proposals for a firm to represent the City in legislative and administrative matters before the State Legislature, Office of the Governor, and Executive Branch Agencies. ShawNoder /Antwih, Inc. is recommended to provide State lobbyist services in the amount of $229,556. Background State lobbyists work to further the City's legislative, budgetary and administrative objectives with the State Legislature, Office of the Governor, and Executive Branch Agencies. They monitor state proposals, legislation, administrative regulations, and other developments of interest, advising the City when City policy or program objectives may be affected. Responsibilities include: providing detailed information on state initiatives; maintaining liaison with members of the State Senate, Assembly and Governor's Office; advising on City proposals pending before state regulatory or funding agencies; and assisting City officials with appearances before legislative committees and administrative agencies 0 Shaw/Yoder /Antwih, Inc. has successfully represented the City's interests on state legislative, regulatory, and funding issues, including: • Redevelopment: Navigating the aftermath of the dissolution of redevelopment; and protection of public infrastructure projects funded through 2011 bonds issued by the former Redevelopment Agency. • Housing: Efforts to create new revenues for affordable housing; and enhanced protections for existing tenants and tenant rights. • Transportation: Finding solutions for public transit bus weight compliance challenges; fighting to keep public transit funds available for Expo Light Rail and Big Blue Bus; enacting sponsored legislation authorizing new innovative BBB revenue sources; supporting legislation to extend the Measure R transaction and use tax to fund transportation projects in LA County; sponsoring and securing enactment of legislation authorizing the California Transportation Commission to relinquish to the City a portion of State Highway Route 1 (Lincoln Boulevard), resulting in cost savings and service enhancement; and maintaining the dialogue between the City, local communities and the state delegation on SMO issues. ® Environment: Enacting clear authority for rainwater capture; and lobbying for new funding opportunities for local government projects and services from the new Cap and Trade programs. Of particular significance, the firm maintained almost daily contact with key City officials during the fight to first defend RDAs from dissolution, and then, assisted the City in anticipating the pathways for protecting public infrastructure investments given dissolution, including advising on advocacy strategies that led to introduced legislation this year potentially protecting tens of millions of dollars in project funding. Discussion Lobbyists monitor hundreds of pieces of legislation every year on a on topics such as: air quality; arts /cultural resources, historic preservation; child care; coastal issues; economic development; education; energy; environment; health; health insurance; homeless /social services; housing; landlord /tenant; land use; parks and open space; public safety; public libraries; rent control; state /local fiscal relationship; taxation; 2 telecommunications; transportation; utilities; vehicles; wages; and water quality. The services of a lobbyist firm are critical to ensure that the City is aware of legislation that may impact the City's policy or program objectives and has the opportunity to advocate for or against legislation as appropriate. Contractor /Consultant Selection In April 2013, the City issued a Request for Proposals (RFP) from qualified consultants for state representation and lobbying services. The RFP was posted on the City's on- line bidding site and sent to two firms that are known to provide State lobbyist services to cities. One proposal was received and reviewed by an interdepartmental team composed of staff from the departments of Finance, Public Works, Big Blue Bus, Housing and Economic Development, City Attorney's Office, and the City Manager's Office. The proposal from ShawNoder, Inc. was responsive to the RFP. The qualifications and personnel of the firm; strategy and plan to accomplish goals as the state lobbyist; and compensation proposal are exceptional and competitively priced. ShawNoder, Inc. is recommended to provide State lobbyist services. ShawNoder /Antwih, Inc. has significant experience representing cities, counties and associations throughout the state, with an emphasis on localities whose policy interests and goals are similar to the City's. ShawNoder /Antwih, Inc.'s clientele include: City of Beverly Hills; City of Los Angeles; City and County of San Francisco; Kern County; Fresno County; Transportation Authority of Marin; California Transit Association; Los Angeles County Metropolitan Transportation Authority; San Mateo County Transit District; San Mateo County Transportation Authority; Santa Cruz Metropolitan Transit District; Solano County; Solano Transportation Authority; and Sonoma County. They also represent private companies and associations such as The Boeing Company and they are a subcontractor to another lobbying firm for occasional work for the Aircraft Owners & Pilots Association. See Attachment A for additional client list. To date, no conflict of interest has arisen. The City has never requested the firm's assistance regarding any matter involving Boeing. And with respect to the Aircraft Owners & Pilots Association, neither the City nor the Association have been on opposing sides in 3 Sacramento. Staff has assurances from Shaw/Yoder /Antwih, Inc. that should a potential conflict of interest arise in the future, appropriate measures will be taken to protect the City's interests throughout the term of the contract, which may include waivers, firewalls, disengagement or retaining a separate lobbying firm depending on the City's needs at the time. The firm has a successful track record providing State lobbyist services to the City since 1986. Award of the existing agreement with the firm, which expires June 30, 2013, was the result of a competitive process and Council approval on September 23, 2008. The proposed agreement represents a minimal increase from the current amount of $42,882 per year. Financial Impacts & Budget Actions The professional services agreement to be awarded to Shaw/Yoder, Inc. is for an amount not to exceed $229,556 over a five year period, $43,238 for the first year with future years subject to cost of living increases. Funds for the first two years have been included in the proposed FY 2013 -15 budget in account number 01207.555060. Budget authority for subsequent budget years will be requested in each budget for Council approval. Future funding is contingent upon Council approval and budget adoption. Prepared by: Kathryn Vernez, Deputy City Manager, Special Projects Approved: Forwarded to Council: �6u Kathryn ernez �r Rod Gould Deputy City Manager, Special Projects City Manager Attachment A: The Shaw / Yoder / Antwih, Inc. Clientele 0 Attachment A The Shaw / Yoder / Antwih, Inc. Clientele Association Management Clients California Association of County Treasurers and Tax Collectors *^ California Association for Nurse Practitioners California Coalition on Workers' Compensation California Probation, Parole and Correctional Association California Transit Association * California Transit Finance Authority California Transit Finance Corporation County Alcohol and Drug Program Administrators Association of California *^ State Association of California Retirement Systems A Legislative Advocacy Clients Aircraft Owners & Pilots Association Amador County Amador Regional Sanitation Authority Beverly Hills, City of The Boeing Company Butte County" California Association of County Treasurers and Tax Collectors *^ California Coalition on Workers' Compensation California Faculty Association California Financial Service Providers California Mental Health Directors Association California Moving and Storage Association California Tax Education Council California Transit Association Chadmar Group, The o Chula Vista, City of City /County Association of Governments of San Mateo County Alcohol and Drug Program Administrators of California *^ Feather River Recreation and Park District A FedEx Corporation Fresno County Fresno County Transportation Authority Grand Pacific Resorts Huntington Beach, City of Kern County Korein Tillery LLC Lodi Gas Storage, LLC 5 Los Angeles County Metropolitan Transportation Authority Los Angeles World Airports Mariposa County o Madera County o National Association of Computer Consultant Businesses o Pacific Maritime Association o Pacific Merchants Shipping Association o Prudential, The o Samaritan Ministries International San Joaquin Valley Unified Air Pollution Control District ^ San Mateo County Transit District San Mateo County Transportation Authority Santa Cruz Metropolitan Transit District Santa Monica, City of Siskiyou County ^ Solano County Solano Transportation Authority Solid Waste Association of North America, California Chapters (SWANA) Sonoma County Specialty Equipment Market Association (SEMA) Tejon Ranch Corporation o Transportation Authority of Marin Tulare County " Tulare County Association of Governments ^ Visalia, City of o Western Propane Gas Association Yolo County Yuba County ^ * Shaw / Yoder / Antwih, Inc. is pleased to provide both legislative advocacy and association management services to these clients. ^ Served by Strategic Local Government Services, LLC, co -owned by Shaw / Yoder / Antwih, Inc. o Shaw / Yoder / Antwih, Inc. is pleased to serve these clients through our strategic alliance with Advocation, Inc. It" Reference Contract No. 9743 (CCS)