​​State_Advocacy_and_Lobbying_Services​_(Addendum_#1_Revision).pdf

Request for Proposal

No. CM-0039

FOR

STATE ADVOCACY AND LOBBYING SERVICES

Contact: Emeline Nguyen, Principal Management Analyst

Email: enguyen@santacruzca.gov

RESPONSE DEADLINE: December 29, 2023, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/santacruzca

City of Santa Cruz

State Advocacy and Lobbying Services

I. INTRODUCTION

II. GENERAL INFORMATION FOR PROPOSERS

III. PROCESS INSTRUCTIONS

IV. EVALUATION CRITERIA

V. TERMS AND CONDITIONS

VI. PRELIMINARY SCOPE OF WORK

VII. PROPOSAL SUBMITTALS

Attachments:

B - PSA Template - State Advocacy and Lobbying Services

#CM-0039

Title: State Advocacy and Lobbying Services

1. INTRODUCTION

1.1. Summary

The City’s advocacy and service priorities are reflected in the following plans: Citywide Strategic Plan and

Health In All Policies. There are currently thirteen (13) advisory bodies to the Council. They consist of:

Arts Commission, Board of Building Appeals, Clean River, Beaches and Ocean Fund Citizen Oversight

Committee, Commission for the Prevention of Violence Against Women, Downtown Commission, Equal

Employment Opportunity Committee, Historic Preservation Commission, Parks and Recreation

Commission, Planning Commission, Sister Cities Committee, Successor Agency Oversight Board, Transportation and Public Works Commission, Water Commission, and Zoning Administrator.

The City Manager’s Office (CMO) coordinates the City’s legislative program at the state and federal levels. The City requests proposals from a qualified firm to provide State legislative advocacy and lobbying services. The City publishes a legislative platform annually, and the selected firm will assist with the successful development and execution of that platform. The goal of the program is to secure state discretionary funding and influence public policy to benefit high-priority projects and programs as well as protect the interests of the City. The services and general needs are more fully described in Section 4

Preliminary Scope of Services.

1.2. Background

The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National

Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to the University of California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

1.3. Contact Information

Emeline Nguyen

Principal Management Analyst

Email: enguyen@santacruzca.gov

Phone: (831) 420-5017

Department:

City Manager

Department Head:

Matt Huffaker

City Manager https://www.cityofsantacruz.com/home/showpublisheddocument/95406/638277711616870000 https://www.cityofsantacruz.com/government/city-departments/city-manager/health-in-all-policies mailto:enguyen@santacruzca.gov tel:(831)420-5017

1.4. Timeline

The City will make every effort to adhere to the following tentative schedule. All dates set forth in this

RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date October 19, 2023

RFP Questions and Clarification Due Date November 13, 2023, 4:00pm

Question Response Deadline November 27, 2023, 4:00pm

Proposal Submission Deadline December 29, 2023, 4:00pm

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work

All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

State Advocacy and Lobbying Services

RFP No. CM-0039

The City anticipates awarding a contract to a vendor for a two-year term with the option of two-two (2) year term extensions if City so elects. The Proposer will provide the services outlined in Section

PRELIMINARY SCOPE OF WORK.

The successful Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Proposer will provide the a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Contact

If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement

Question & Answer feature. his RFP document may be downloaded from the City’s e-Procurement

Portal at https://procurement.opengov.com/portal/santacruzca/projects/65339. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right-hand corner of the screen), or via email at procurement-support@opengov.com for support. All questions must be received by 4:00 pm on Monday, November 13, 2023.

2.3. Proposal Submittal Due Date

Proposals are due no later than 4:00 pm on Friday, December 29, 2023, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s e-

Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/65339.

Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting

A pre-proposal meeting will not be held for this RFP.

https://procurement.opengov.com/portal/santacruzca/projects/65339?section=573124 https://procurement.opengov.com/portal/santacruzca/projects/65339?section=573124 https://procurement.opengov.com/portal/santacruzca/projects/65339 https://procurement.opengov.com/portal/santacruzca/projects/65339 mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/santacruzca/projects/65339

2.5. Responsiveness and Responsibility

When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the

City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP. Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions

In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal to this

RFP.

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the Proposer.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

E. “Contract” also means Purchase Order or Agreement.

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda

Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s

Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/65339, under Bidding Information.

3.2. Proposal Evaluation Criteria

RFP responses will be evaluated and ranked according to the evaluation criteria identified in the sub-sections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:

• Conduct a scenario-based demonstration of the equipment or service,

• Revise the submitted proposal for the purpose of obtaining best and final offers, and/or

• Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked

Proposer.

3.3. Responsiveness

Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of

Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

3.4. Responsibility

Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of

Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be https://procurement.opengov.com/portal/santacruzca/projects/65339?section=573121 https://procurement.opengov.com/portal/santacruzca/projects/65339 https://procurement.opengov.com/portal/santacruzca/projects/65339?section=573127 https://procurement.opengov.com/portal/santacruzca/projects/65339?section=573128 evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

The City may conduct interviews and oral presentations with the highest scoring Proposers. The City reserves the right to waive the interview process and evaluate the Proposer based on the Proposal

Evaluation Criteria alone. Should interviews and oral presentations be conducted, proposals will be evaluated by the EC using the Interview and Oral Presentation Evaluation Criteria as set forth below.

Proposers will be responsible for all their expenses associated with the interview and oral presentation. The City reserves the right to conduct interviews and oral presentations with qualified contractors by web or teleconference.

3.5. Negotiations

Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the top-ranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a

Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest-ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. Public Record

Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA)

California Government Code, sections 6250 – 6270. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and

Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure. If Proposer contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Proposer fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to

Proposer. Proposer further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Proposer.

3.7. Award Protests

The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Emeline Nguyen, Principal Management Analyst, enguyen@santacruzca.gov

Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protests letters regarding a contract award will be directed to:

City of Santa Cruz

Matt Huffaker, City Manager Director

809 Center Street, Room 9

Protests regarding the contract award must be received no later than 5 business days after the written

Notice of Intent to Award is sent by the City. The award protest must be in writing and include:

The name, address, and telephone number of the protester; The Project title, RFP Number, and RFP due date; A detailed statement of the legal and/or factual grounds for the protest; and the form of relief requested. Throughout the protest review process, the City has no obligation to delay or otherwise postpone an award of a contract.

Protests regarding the award resulting from this RFP must be delivered to

Matt Huffaker, City Manager Director within 5 business days after the written Notice of Intent to Award is sent by the City. The City Manager Director will review the protest and issue a written response within

10 business days. The decision of the City Manager Director is final.

3.8. Debriefing

A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.9. Contract Implementation

Upon award notification and prior to final contract approval, the successful proposer will be required to submit:

• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section

Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;

• Documentation of all credentials necessary to legally perform the Project specified;

• A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and

• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually.

• The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the RFP documents, the Proposer’s response to RFP and Vendor Questionnaire, the

Budget as described in Cost Proposal, and any negotiated modifications agreed to by the parties.

3.10. Reservation of Rights

The City, at its sole discretion, reserves the following rights:

• To reject any or all proposals or information received pursuant to this RFP;

• To waive any informality or minor defects in proposals received;

• To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;

• To cancel this RFP with or without the substitution of another RFP or prequalification process;

• To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process;

• To request additional information from a Proposer;

• To bid separately any item or items where it is determined by the Purchasing Manager that:

o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract.

o To verify the qualifications and experience of each Proposer;

• To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.11. Environmental Conservation and Sustainable Living

The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean

Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.12. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this

RFP. Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

4. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Adherence to RFP Requirements

To be considered responsive, the proposal shall include the information detailed in this section. Proposer must provide information in the proposal in the same order as shown below. The proposal shall be separated into the sub-headings referenced below. Failure to provide this information may result in a proposal being considered non-responsive to requirements.

0-100 Points 5 (5% of Total)

2. Firm Background Information

This section must include the following

(maximum 2 pages):

A. Legal name, addresses, telephone numbers of the principal office

(national headquarters) and local office. Include the same information if services will be provided from additional locations.

B. Year established and history.

C. Business entity status (i.e., partnership, corporation, LLC).

D. Indicate if Proposer has defaulted in its performance of an agreement or project during the past five (5) years which has led the other party to terminate the agreement and if so, the identity of the parties involved and the circumstances of the default or termination.

E. Respond to the following:

1. Explain any pending litigation, liens, or claims involving your organization.

2. Has your company filed for bankruptcy in the last ten (10) years?

0-100 Points 5 (5% of Total)

3. Firm Qualifications, Expertise, and Experience

In this section (maximum 5 pages), include the following:

A. Describe the Proposer’s qualifications and experience working on similar, relevant, or related projects that were completed, as outlined in Section

Preliminary Scope of Services.

B. Describe how the Proposer (or

Proposers if submitting a jointly prepared proposal) is organized to provide the required services as outlined in Section Preliminary

Scope of Services.

C. If utilizing any subconsultants and/or subcontractors, describe their qualifications working on similar, relevant, or related projects that were completed, as outlined in

Section Preliminary Scope of

Services.

D. Provide a list of all services Proposer has performed for the City in the past three (3) years, include a description of the services, date of engagement(s), members of the proposed team that performed the services. Indicate if Proposer served as the prime contractor or as a subcontractor.

0-100 Points 15 (15% of Total)

4. Team Qualifications, Expertise, and

Experience

In this section (maximum 5 pages), include the following:

A. Provide the names, qualifications, certifications, and relevant technical experience of personnel and subcontractors of the proposed project team who will perform the services described in Section

Preliminary Scope of

Services. Include details about their experience with similar projects with comparable magnitude.

B. Provide resumes for each member of the proposed project team and include the qualifications and experience suited to the proposed assignment. Include resumes as a separate attachment.

If awarded the contract, Proposer shall make every effort to ensure that the staff resources identified in the proposal will be available for the Project. If staff identified in the proposal are not available, the City reserves the right to review and approve alternate personnel.

0-100 Points 17.5 (17.5% of Total)

5. Technical Approach and Work Plan

A. Technical Approach: Describe your approach to completing Section

Preliminary Scope of

Services. Identify deliverables and key decision points. Provide comments regarding the proposed

Section Preliminary Scope of

Services. This may be used as an opportunity to expand upon your team’s specific experience and expertise, and to outline any changes you believe would help achieve the

Project’s goals and objectives.

B. Work Plan: Describe how the project team will fulfill the Section

Preliminary Scope of

Services. Include a detailed project schedule in the Project Schedule

Document. Provide a matrix of personnel, tasks, and an estimated effort in hours.

The work plan shall include a process for delivery of the range of services outlined in

Section Preliminary Scope of Services. To the extent possible, the proposal shall reflect the roles and responsibilities of team members in the major tasks outlined in the Section

Preliminary Scope of Services and strategies to accommodate the staffing needs for each task order. As appropriate, include tools and techniques you could use in addressing challenges and delivering services outlined in

Section Preliminary Scope of Services.

Proposers shall address all major tasks outlined in Section Preliminary Scope of Services and as appropriate, suggest supplemental tasks/sub-tasks for incorporation into the final

Section Preliminary Scope of Services.

0-100 Points 17.5 (17.5% of Total)

6. Cost Proposal

Cost/Pricing is a factor in this selection.

Proposers must complete and submit a Cost

Proposal. It is the Proposer’s responsibility to state all costs to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractors, other direct costs (ODC) such as materials, supplies, taxes, and travel. A

Proposer’s failure to submit a Cost Proposal will deem the submittal non-responsive.

Include the Cost Proposal with the Electronic

Response.

The price will be evaluated in the following manner:

A. The responsive proposal with the lowest price will be given the full weight of points assigned to the pricing criteria.

B. Every other responsive proposal will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest proposed price by the total proposed price of the proposal being evaluated with the result multiplied by the maximum weight for the price (100 %) to arrive at a price score of less than the full score for price.

Example: Lowest Total Proposed

Price Total % Price Proposer’s Total Proposed

Price X for Price = Score

0-100 Points 15 (15% of Total)

7. References

In this section (maximum 5 pages), provide the following:

A. Three (3) Client References that provide former clients and representative projects undertaken in the last five (5) years which demonstrate relevant experience with the Project.

B. For each project identified above, provide a project description, project costs, dates of engagement, project owner, and member(s) of the proposed team for this RFP that participated in the project, including any subcontractors that worked on the project.

C. For each reference, provide the name of the agency/firm, and contact person’s name, title, address, phone number, and email address. Please ensure that the contact information is accurate for each reference.

The City reserves the right to:

• Check as many references that the

City deems necessary.

• Assess a Proposer’s past performance.

• Contact references that the City determines are representative projects demonstrating experience relevant to this RFP.

• Check any other reference(s) that might be indicated through the specified contacts or that result from communication with other entities involved with similar projects.

• Include other industry sources and users of similar services known to the

City.

0-100 Points 5 (5% of Total)

• Contact client references for only shortlisted Proposers.

It is the responsibility of the Proposer to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section. The client reference score/weight shall have no bearing on any other evaluation criteria.

8. Project Understanding, Work Plan and

Approach

Proposers invited for the interview and oral presentations are expected to have a clear understanding of Project goals and objectives, the scope of services, the Project and City background, and the Proposer’s role.

Proposers must present their Project understanding, work plan, and approach effectively for achieving the Scope of Services on time and within budget.

0-100 Points 10 (10% of Total)

9. Quality of Presentation

Proposers invited to participate in the interview and oral presentations will be evaluated on their ability to effectively communicate the project understanding, work plan and approach, and the qualifications of subcontractors and personnel. The presentations should be informative and concise.

0-100 Points 10 (10% of Total)

5. TERMS AND CONDITIONS

The City of Santa Cruz standard Terms and Conditions shall govern this contract. Review the terms and conditions here; all terms including, but not limited to, insurance apply to the contract resulting from this RFP. A current copy of these terms will be included in the resulting contract as Exhibit A Scope of

Work. A hard copy of the Terms and Conditions is available by contacting the City’s Purchasing Division at (831) 420-5080.

5.1. Insurance Requirements

Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The

City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.2. Prevailing Wages and Labor Compliance

Prevailing wages must be paid to all employees working under this contract. This contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations

(DIR). Contractors and subcontractors must register with the DIR in order to submit a bid and be awarded a contract (http://www.dir.ca.gov/dlse/dlsePublicWorks.html). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the

Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of

Industrial Relations for the duration of the Project.

5.3. Living Wage

Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa

Cruz Municipal Code Chapter 5.10.

5.4. Agreement (Appendix A)

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

5.5. Contract Period

The term of the contract will commence upon notification of award and continue for a period of 2 year(s) plus any renewals agreed to by the parties and made in writing.

http://www.cityofsantacruz.com/home/showdocument?id=9259 http://www.dir.ca.gov/dlse/dlsePublicWorks.html

5.6. Equal Employment Opportunity and Non-Discrimination

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed

(including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal

Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

5.7. Indemnification

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the

City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this RFP, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html http://www.cityofsantacruz.com/home/showdocument?id=59192.

http://www.cityofsantacruz.com/home/showdocument?id=59192.

6. PRELIMINARY SCOPE OF WORK

6.1. Project Objectives

The City seeks a dynamic, bipartisan individual or team to provide State legislative advocacy under the direction of the City Manager, Assistant City Manager, and Deputy City Manager in support of the City Council’s agenda and interests.

6.2. Minimum Qualifications

• The firm has no fewer than five years of experience in the services being requested.

• Demonstrates an extensive working knowledge of state laws, regulations, and issues impacting

Santa Cruz.

• Knowledgeable of the State budget process and identifying legislative change and funding opportunities.

• Demonstrate experience representing government institutions of similar or larger size and scope in Sacramento.

• Present sufficient qualified personnel to respond to project tasks in a timely fashion.

• Experience working with municipal governments.

• Demonstrate experience and relate that experience to your understanding of the skills necessary to provide the services being requested.

• Registered with the Secretary of State.

• Strong communication skills, attention to detail, and follow-through.

• Development and implementation of a work plan(s) for project(s) similar to the scope of work outlined in Section 4.3 Scope of Work.

6.3. Scope of Work

The preliminary scope of work includes a general overview of the services required for State Advocacy and Lobbying Services. This service request includes but is not limited to Advocacy, Tracking and

Reporting, Strategy, and Relationship Building. The selected firm is expected to travel to Santa Cruz as needed, with a minimum of one visit per year. The firm will also meet with a subset of Council and City staff in-person and/or virtually at least quarterly and more frequently as needed.

Task 1 - Advocacy

Deliverables shall include but not be limited to:

• Represent the City and meet with legislators, their staff, and governmental agency officials to advance the City’s legislative agenda and interests.

• Advocate for City funding in the State budget through grants and legislation and any other appropriate means.

• Help the City apply for and advocate to receive these grants and resources.

• Work closely with the City’s State representatives and City staff to draft and develop legislation on matters of importance to the City. Once legislation is introduced, the City’s lobbyist is expected to act as champion of the proposed legislation, including meeting with state elected officials to advance such initiative, assisting with drafting advocacy materials, gaining support from other agencies and partners, and providing collaborative strategic guidance to the City and its representatives.

• Meet with State representatives on issues of interest or concern to the City.

• Draft letters, position statements, legislative language, and talking points on legislation as necessary.

• Draft for review by the City and distribute timely written and oral materials and correspondence to support or oppose legislation and/or relevant state agency policies or programs of interest to the City.

• Engage in direct lobbying and provide testimony before policy committees in consultation with the City for the highest legislative priorities as determined by the City.

• Attend committee and rule-making hearings and coordinate the preparation of testimony submissions and in-person testimony.

Task 2 - Tracking and Reporting

Deliverables shall include but not be limited to:

• Track and review press releases, informational bulletins, and other important information released by the state government and its agencies.

• Monitor/track bills that impact the city’s interests in accordance with the legislative priorities established by the City Council.

• Inform the City of hearings, meetings, and any changes to the legislation of interest to the City.

• Identify and monitor legislation and state regulatory processes, including pertinent administrative, legislative and regulatory matters that may impact the City.

• Track priorities and meetings of strategy with legislative partners.

• Provide monthly written briefing reports for the City Council and City Manager on key issues and legislative committee activity during the legislative session.

• On a bi-annual or annual basis, present the legislative agenda to the City Council at a regular meeting of the Council for direction. This presentation should include a written report of legislation that may impact the City and an accompanying presentation to summarize the report.

• Complete and file on behalf of the City all lobbying and expenditure disclosure reports or any other reports required by the Secretary of State, Fair Political Practices Commission, or any other State agency upon submission to City of quarterly report of legislative activities on behalf of City.

Task 3 - Strategy

Deliverables shall include but not be limited to:

• Regularly communicate with the City to assess legislative options, analyze legislation, and discuss policy objectives.

• In collaboration with a subset of Council and the City Managers’ Office, develop a draft legislative policy platform that outlines policy priorities for the next legislative session.

• Act quickly on the City’s behalf to rapidly changing developments in Sacramento that may impact City policy and legislative matters.

• Pursue legislative, regulatory and/or policy directives to help address identified City priorities per the annual legislative platform.

• Provide guidance and support to the City in developing responses to legislation, including reviewing written material and providing suggestions, and distributing any documents prepared by the City to the required parties.

• Provide regular updates on the political landscape in Sacramento to help provide context and identify opportunities and potential issues.

• Identify and help pursue potential funding opportunities for the City’s services, projects, and programs.

• Develop a plan for off-season activities and coordinate with designated City staff.

Task 4 - Relationship Building

Deliverables shall include but not be limited to:

• Develop working relationships with the Governor’s office, State Legislature, State Water

Resources Control Board, the Department of Parks and Recreation, the California Coastal

Commission, the California Department of Transportation, and/or other agencies and key stakeholders.

• Schedule meetings in person or virtually for City officials with the Governor and state legislators and their staffs, Cal Cities, and other state agencies and key stakeholders during visits to

Sacramento, including facilitating meetings during conferences to which City officials may attend.

• Collaborate with the League of California Cities and other organizations, municipalities, companies, and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests.

• Build strategic allies and coalitions, as well as analyze and identify potential threats.

• Help coordinate with and reach out to groups, cities, or influential individuals with similar interests to the City of Santa Cruz to create more effective partnerships.

6.4. Responsibilities of City

The City will be responsible for providing a designated City contact for assisting with communications and meetings, information regarding past work, and any other areas within the Scope of Work that needs additional support during the course of the project required to complete the work.

6.5. Vendor’s Employee Conduct

Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.

7. PROPOSAL SUBMITTALS

7.1. Proposal Response*

By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for State Advocacy and Lobbying

Services” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

☐ Please confirm

*Response required

7.2. Technical Proposal*

*Response required

7.3. Cost Proposal*

Proposers must complete and submit a Cost Proposal with their Proposal submittal by the Proposal

Submittal Due date. It is the Proposer’s responsibility to state all costs required to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractor costs, and other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Cost Proposal will deem the Proposal non-responsive.

*Response required

7.4. Non-Collusion Declaration*

By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any

Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other

Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

☐ Please confirm

*Response required

7.5. LOCAL PREFERENCE CERTIFICATION

Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses

To qualify for the 2% local business preference, a business must meet the following criteria:

7.5.1. Does the business have an office with at least one employee located in the City of Santa Cruz?* ☐ Yes

☐ No

*Response required

When equals "Yes"

7.5.2. Business Address:*

*Response required

7.5.3. Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? * ☐ Yes

☐ No

*Response required

7.5.4. Does the business hold a valid City of Santa Cruz business license?* ☐ Yes

☐ No

*Response required

When equals "Yes"

7.5.5. DBA/license number:*

*Response required

7.5.6. Locally Owned Businesses

To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of

Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.

• Owner Name, County

7.5.7. By submitting information for Local Preference, I represent that I qualify as a

(check all that apply):* ☐ Local Business

☐ Locally Owned Business

☐ None of the above

*Response required

7.5.8. I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and

2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.* ☐ Please confirm

*Response required

7.5.9. Acknowledgment of Addenda and Question and Answer*

In order to submit a proposal, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

☐ Please confirm

*Response required