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HomeMy WebLinkAboutItem No. 09 Professional Services Agreement to Provide Grant Writing, Research, and Manageme9)Professional Services Agreement to Provide Grant Writing, Research, and Management Approve and Authorize the City Manager to execute a Professional Services Agreement with Townsend Public Affairs (TPA) to provide grant research, writing, and management services, in an amount not to exceed seventy-two thousand dollars ($72,000) per year, with optional extensions for two additional years, in such final form as approved by the City Attorney. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Shannon Buckley, Assistant City Manager Date:February 11, 2025 Subject:Professional Services Agreement to Provide Grant Writing, Research, and Management Recommendation Approve and Authorize the City Manager to execute a Professional Services Agreement with Townsend Public Affairs (TPA) to provide grant research, writing, and management services, in an amount not to exceed seventy-two thousand dollars ($72,000) per year, with optional extensions for two additional years, in such final form as approved by the City Attorney. Background The Request for Proposals (RFP) was issued to seek proposals from consultants to assist the City in securing external funding for various programs and initiatives. The selected consultant will develop a comprehensive grant funding strategy, beginning with an initial meeting to identify funding priorities. This will be followed by monthly meetings to track emerging funding opportunities and ensure alignment with City goals. The consultant will conduct research to identify potential grantors and recommend applicable funding opportunities. In addition, they will handle grant writing, submit applications, and create strategic work plans with clear deadlines and responsibilities. They will collaborate with City staff to ensure alignment with City goals and funding requirements. Once grants are awarded, the consultant will assist with fund management, ensuring compliance with reporting requirements and promoting effective fund utilization. Monthly progress reports will be provided to City staff, detailing the work performed, time spent, and any emerging opportunities. RFP for Grant Writing Page 2 of 2 1 6 7 0 Discussion RFP CS2024001 was advertised in accordance with LEMC 3.08.200, non-public projects formal bidding procedure requirements, on September 3, 2024, through the City’s PlanetBids portal. A total of 28 vendors were notified, and the City received ten proposals by the submission deadline of October 8, 2024. City staff thoroughly reviewed all proposals and recommends approval of Townsend Public Affairs' proposal. Conversations with TPA and the cities they currently serve highlighted the added value the firm brings, including proactive funding advocacy and the pursuit of federal earmarks, in addition to their traditional grant writing services. This strategic approach will support the City's efforts in securing significant funding for critical programs and initiatives. Fiscal Impact Approval of the recommended actions will authorize an agreement with Townsend Public Affairs to provide grant writing, research, and management services. For the remainder of the current fiscal year (2024-2025), the total cost will be a prorated amount of $18,000. In subsequent fiscal years, funding will be allocated within the Community Support Division, with a not-to-exceed amount of $72,000 annually. Attachments Attachment 1 - Professional Services Agreement with Townsend Public Affairs Exhibit A - Townsend Public Affairs Proposals Attachment 2 – Request for Proposals City Manager's Office Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Townsend Public Affairs Grant Writing Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of February 11, 2025, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Townsend Public Affairs, a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: On-call grant services and support including on-call grant consultation and technical support, grant writing and grant administration services B. Consultant has submitted to City a proposal, dated October 8, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 2 c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on February 11, 2025 and ending June 30, 2027. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3.Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed seventy-two thousand dollars ($72,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. Page 4 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 5 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of Page 6 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. Page 7 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Page 8 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Townsend Public Affairs Attn: Christopher Townsend 1401 Dove Street, Suite 430 Newport Beach, CA 92660 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. Page 9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to Page 10 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” Townsend Public Affairs, a Corporation By: Christopher Townsend Its: President Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 1 Proposal for Grant Research, Writing, & Management Services October 8, 2024 Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 1 TABLE OF CONTENTS Table of Contents .......................................................................................................................... 1 Cover Letter .................................................................................................................................. 2 Technical Proposal ....................................................................................................................... 3 Firm Introduction & Profile ..................................................................................................... 3 Firm Experience ..................................................................................................................... 4 Project Overview .................................................................................................................... 6 Detailed Work Plan ................................................................................................................ 7 Qualifications of Project Team & Organizational Structure .................................................. 11 Quality Control ..................................................................................................................... 21 References ........................................................................................................................... 22 Current Clients ..................................................................................................................... 22 Project Availability ................................................................................................................ 23 City’s Professional Services Agreement .............................................................................. 23 Cost Proposal ................................................................... Submitted in a Separate Electronic File Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 2 October 8, 2024 Adam Gufarotti, Community Support Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Gufarotti: Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Grant Research, Writing, and Management Services to the City of Lake Elsinore (“City”). Company Information: Company Name: Townsend Public Affairs Company Address: 1401 Dove Street, Suite 430, Newport Beach, CA 92660 Telephone Number: (949) 399-9050 Contact During Period of Proposal Evaluation: Name & Title: Olivia Raymond, Business Development Associate Address: 1401 Dove Street, Suite 430, Newport Beach, CA 92660 Telephone Number: (949) 399-9050 Email Address: ORaymond@TownsendPA.com Since its inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission. Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers. Utilizing this method on behalf of our clients, TPA has secured over $3.1 billion in competitive funding from state, federal, and local government agencies and has provided strategic guidance in over 100 different funding programs. Thank you again for your interest in our firm and your consideration of this proposal. TPA affirms that this proposal shall remain valid for a period of not less than 120 calendar days from the date of submittal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Lake Elsinore. Yours truly, Christopher Townsend (Authorized to Bind the Firm) President Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 3 TECHNICAL PROPOSAL FIRM INTRODUCTION TPA understands the City of Lake Elsinore’s objective to secure competitive funding sources that align with the community's vision for enhanced infrastructure, recreation, and public services. We recognize that securing these funds is not just about drafting compelling applications but about strategically aligning the City’s priorities with federal, state, and regional funding opportunities. Our approach begins with a comprehensive assessment of the City’s unique needs and priorities, ensuring that every grant proposal we develop is tailored to resonate with funding agencies. We utilize a two-pronged strategy: first, by identifying optimal grant opportunities that match the City’s goals, and second, by crafting high-quality, persuasive applications that stand out in competitive environments. TPA’s process is collaborative. We will engage key City stakeholders to understand project details, gather necessary data, and refine narratives that emphasize the City’s strengths. Our team of expert grant writers will work closely with the City to ensure each submission is complete, compliant with guidelines, and maximizes the likelihood of success. Throughout the grant cycle, from opportunity identification to post-award compliance, we will remain committed to high standards of quality, clear communication, and efficient project management. Our proposed scope of work for the City of Lake Elsinore includes comprehensive research, ongoing grant monitoring, and a hands-on approach to preparing and submitting applications. With our extensive experience, securing over $3.1 billion in competitive funding, we are well- equipped to meet the City’s grant writing needs and deliver meaningful outcomes for your community. FIRM PROFILE TPA is a state and federal grant writing and legislative advocacy firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend • Advocacy Success: Shepherded over 150 client-sponsored legislative items into law • Funding Success: Over $3.1 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 26 years (founded in 1998) • Number of Employees: 23 • Number of Grant Writers and Registered State and Federal Lobbyists: 19 • Number of Offices: Five o TPA State Capitol Office, Sacramento o TPA Federal Office, Washington, DC o TPA Northern California Office, Oakland o TPA Central California Office, Fresno o TPA Southern California Office, Newport Beach • Types of Clients: o City Governments o County Governments o Water and Sanitation Districts o Transportation Districts o K–12 School Districts Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 4 TECHNICAL PROPOSAL o Community College Districts o Parks and Recreation Districts o Fire Protection Districts o Museums, Science Centers, and Cultural Facilities • Areas of Specialization: o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure o Water and Sanitation Policy and Infrastructure o Education Policy and Infrastructure o Housing and Economic Development o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources o Public Safety o Budget and Finance • Ranking by Revenue Reported to the California Secretary of State: o 8th of 491 Firms Registered for the 2022–23 Legislative Session o 99th Percentile • More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation. FIRM EXPERIENCE As the premier grant writing and advocacy firm for California municipalities, TPA has extensive experience in providing customized and effective grant writing services and has built a robust reputation by providing these services to more than 250 diverse cities throughout the state. With valuable state and federal agency relationships, an expansive understanding of countless funding programs in a wide range of policy areas, and the capacity to pursue any and all relevant opportunities, TPA has achieved over $3.1 billion in funding success on behalf of clients and has maintained a trusted client base by ensuring seamless and timely communication. The funding secured has been allocated toward projects that positively impact local communities, such as transportation infrastructure improvements, workforce development programs, regional public safety initiatives, and community beautification projects. TPA is proud to represent the City of Murrieta as their grant writer and state and federal advocates, securing $18,307,636 for the City in four years. Recognizing the extensive regional partnerships across Southwest Riverside County, and between the Cities of Murrieta and Lake Elsinore, we are excited to be given the opportunity to also work alongside Lake Elsinore. This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process. Policy Area State Funding Federal Funding All Sources Water and Sanitation $134 Million $21.6 Million $155 Million Transportation $734 Million $355.6 Million $1,143 Million Education $256 Million $49.9 Million $306 Million Parks and Recreation $306 Million $38.9 Million $345 Million Cultural Resources $140 Million $14.2 Million $154 Million Housing and Development $797 Million $42.2 Million $840 Million Public Safety $157 Million $99.8 Million $257 Million TOTAL $2.5 Billion $622 Million $3.1 Billion Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 5 TECHNICAL PROPOSAL RELEVANT EXAMPLES: The following chart provides a sample of several of TPA’s recent grant writing achievements in a diverse number of issue areas, water, wastewater, streets and roads, planning, economic development, public safety, and housing: City of Murrieta: Economic Development Administration Challenge Grant Amount Secured $2,400,000 Project Description On behalf of the City of Murrieta, TPA secured $2,400,000 in competitive grant funding administered by the U.S. Economic Development Administration for renovations to the Murrieta Innovation Center needed to develop a life science startup incubator. This project will support business growth and job creation by supporting entrepreneurs, startups, and non-profit organizations in the life sciences sector. The EDA investment is expected to create 260 jobs, retain 61 jobs, and generate $123 million in private investment. TPA was responsible for drafting and submitting the application, coordinating between stakeholders, and advocating for the funding to state legislators and agency officials. Year of Award 2022 City of Palm Desert: SCAG REAP 2.0 Regional Utilities Supporting Housing Grant Amount Secured $8,000,000 Project Description TPA worked alongside the City of Palm Desert to secure $8,000,000 in Southern California Association of Governments (SCAG) Regional Early Action Planning (REAP) 2.0 Regional Utilities Supporting Housing Pilot Program funding for extensive flood mitigation efforts and expand the city’s utility capacity to mitigate future severe flooding impacting future and existing housing developments along the I-10 corridor in an area that has experienced recent flood disasters. The project will support the development of 3,386 units currently approved and 1,663 units under review. Year of Award 2024 City of Palmdale: U.S. Department of Transportation Safe Streets and Roads for All Grant Amount Secured $5,382,164 Project Description TPA worked with the City of Palmdale to secure over $5.3 million in funding from the Safe Streets and Roads for All (SS4A) Grant program administered by the U.S. Department of Transportation to support the 20th St. East Corridor Improvement Project, enhancing safety and accessibility along a 1.92-mile segment of the major thoroughfare. The project addresses critical safety concerns on 20th St. East, a high-traffic corridor serving three schools and connecting residents to essential community resources. Planned improvements include new sidewalks, bike lanes, enhanced crosswalks, additional lighting, and reconstruction of the 20th Street East intersection. TPA successfully conveyed the importance and necessity of this funding to DOT officials, highlighting the significant safety impact it will have on the Palmdale community. Year of Award 2024 City of Fontana: U.S. Department of Transportation RAISE Grant Amount Secured $15,000,000 Project Description TPA worked with the City of Fontana to develop, prepare, and execute a strategic plan to support the City’s FY22 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City’s Complete Streets Upgrades including street, bike, sidewalk, and trail improvements. In addition to tailoring the application’s message, TPA planned advocacy that leveraged the City’s strengths during the grant review process. The culmination of this effort was the award of $15 million in federal RAISE funds for the City’s transportation infrastructure improvements. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 6 TECHNICAL PROPOSAL In the FY22 RAISE cycle, Fontana was one of only eight jurisdictions in the State of California to receive a RAISE grant. Year of Award 2022 City of Buena Park California Department of Parks & Recreation Statewide Parks Program Grant Amount Secured $3,190,543 Project Description TPA worked on behalf of the City of Buena Park to secure more than $3.1 million in grant funding through the Statewide Parks Grant Program administered by the California Department of Parks and Recreation. The funding will go towards improvements and upgrades to the City’s Whitaker School Park to ensure the facilities are inclusive and accessible to all residents, families, and children. TPA was integral in the development and submission of the grant narrative and application, as well as in post-submittal advocacy efforts. These strategies ultimately ensured that the City was able to secure this significant funding and further its mission to serve its residents with high quality parks and recreation centers. Year of Award 2022 STATE & FEDERAL EARMARK SUCCESSES: The following charts detail TPA’s success in securing state and federal earmarks over the past several years. For each award, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with state and federal legislators and their staff, relevant committee members, and other key stakeholders to ensure our client projects were included in the final official budget. STATE BUDGET EARMARKS Year Total Number of Projects Total Amount Awarded 2023-2024 55 $73,910,000 2022-2023 42 $200,950,000 2021-2022 30 $377,715,020 2019-2020 15 $36,230,000 TOTAL STATE BUDGET EARMARKS SECURED: $688,805,020 FEDERAL EARMARKS Year Total Number of Projects Total Amount Awarded 2024 52 $57,599,445 2023 34 $60,390,094 2022 30 $59,060,357 TOTAL FEDERAL EARMARKS SECURED: $177,049,896 PROJECT OVERVIEW TPA will approach the grant writing process for the City with a comprehensive, multi-phase strategy. Our detailed work plan will begin with an in-depth review of the City's current and future project priorities to align them with the most appropriate and competitive grant opportunities. We will create a tailored timeline for each grant cycle, including research, data collection, drafting, and submission, ensuring each step is completed efficiently and thoroughly. Special consideration will be given to compliance with funding agency guidelines and deadlines, as well as securing letters of support and partnerships, which are often key to successful applications. A key strength of TPA’s approach is our ongoing monitoring of grant opportunities and relationships with funding agencies, as well as our unique ability as registered lobbyists to engage in post-submittal advocacy. Additionally, our deep understanding of regional priorities will enable us to position Lake Elsinore’s projects as competitive in the broader funding landscape. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 7 TECHNICAL PROPOSAL DETAILED WORK PLAN TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the City: • Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment. • Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, helping develop materials that capture all elements required by the grant, and compiling the outreach data for inclusion in the application. • Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process: o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity. o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:  Application timeline  Eligible project types  Funding availability and award maximums and minimums  List of application components, including proposal questions and any required attachments Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 8 TECHNICAL PROPOSAL o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost- benefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process. o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application before submission. o Submit Completed Application: TPA will ensure that applications are submitted before the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable courier service such as FedEx to provide the City with tracking and delivery confirmation for the application. TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents. o Funding Advocacy: Throughout the grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well- positioned for funding. o State Budget Funding Opportunities: To maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature. o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 9 TECHNICAL PROPOSAL • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects. • Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies, providing support for the drafting and submission of required reports and evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements. • Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration. TPA has worked on behalf of clients who, due to unforeseen circumstances, have needed to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow for the City to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the City and agencies to secure scope of work changes to already awarded projects to ensure the City will not have to return any hard-won grant funding. • Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. When grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. • Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic monthly reports on the status of all funding activity, such as current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. TENTATIVE SCHEDULE: TPA will utilize the following project schedule for this engagement: TASK TIMELINE Conduct Detailed Orientation Contract Start Craft Strategic Funding Plan Contract Start/Annually Identify, Research, and Monitor Grant Funding Opportunities Ongoing Grant Application Development and Submittal Ongoing/As Needed Establishment of Clear Accountabilities Ongoing/As Needed Provide Overview of Full Applications Requirements Ongoing/As Needed Assemble Project Background and Details Ongoing/As Needed Coordinate Technical Project Details Ongoing/As Needed Draft Written Proposal Ongoing/As Needed Incorporate Feedback to Finalize Proposal Ongoing/As Needed Submit Completed Application Ongoing/As Needed Funding Advocacy As Needed State Budget Funding Opportunities Annually Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 10 TECHNICAL PROPOSAL The information below provides more in-depth details on TPA’s anticipated schedule and specific task timelines for the grant application process: • TPA identifies grant opportunities based on priority projects provided by the City during onboarding sessions. TPA will provide monthly, or otherwise regular updates, to staff on upcoming and ongoing grant applications that have the potential to align with City projects. (Ongoing throughout the term of the contract) • Once a grant application is identified, TPA will meet with the project staff to gather the initial project details and begin an application. As soon as an application is identified as a “go,” TPA will provide a comprehensive grant checklist detailing what is required for the application and any additional forms, logins, or completion items required from City staff. (Typically, a 4-8 week process, flexible given deadline restrictions or staff capacity) • TPA will provide a comprehensive grant application draft well in advance of the grant submission deadline, with final edits and approval required from City staff. (2-4 weeks in advance of grant deadline) • Once final approval is obtained from City staff, TPA will submit and upload all grant applications well in advance of the application deadline. (Within 1 week of application deadline) • TPA will conduct comprehensive grant follow-up between application submittal and grant award announcement and will provide status updates to City staff. (Typically, a 3-8 month review period, flexible to each individual grant program) • If a grant application is successful, TPA will ensure City staff is connected with the agency for follow-up grant award procedures. If unsuccessful, TPA will conduct comprehensive debrief sessions to best position the City for application resubmittal in future funding cycles. (Ongoing comprehensive follow-up and post-grant award announcement) • The monthly fee structure utilized by TPA ensures that the City and firm can work collaboratively to adapt to any fluctuation in the anticipated schedule for this engagement. By offering an all-inclusive monthly retainer, TPA can ensure program monitoring, application research and preparation, funding advocacy, and comprehensive follow-up are thorough and ongoing. This structure also allows the firm to continuously leverage a broad network of state, federal, and agency relationships and engage in ongoing advocacy for the City’s projects. INVOLVEMENT OF CITY STAFF: TPA grant experts diligently work to compile project details, implement quality control measures, and serve as an extension of City staff to seamlessly submit applications and report on all grant activity relevant to client interests. TPA may rely on City staff to provide technical project information, budget details, and project timeline information as appropriate, however, TPA will work diligently to reduce the burden on City staff and develop compelling applications that best reflect the City’s priorities by using a strategic team approach that leverages a diverse range of Federal Earmark Opportunities Annually Post-Grant Submittal Advocacy As Needed Post-Award Grant Administration and Compliance As Needed Post-Award Services—Above and Beyond Advocacy As Needed Comprehensive Follow-Up on Unsuccessful Applications As Needed Provide Progress Reports Monthly/As Requested Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 11 TECHNICAL PROPOSAL policy expertise and expansive collection of state, federal, and local relationships. TPA will also ensure staff can access, manage, and approve all grant applications prior to, and after, submittal. This strategy will ensure that TPA can pursue multiple opportunities on behalf of the City simultaneously while maintaining the highest quality of services. QUALIFICATIONS OF PROJECT TEAM & ORGANIZATIONAL STRUCTURE With a team of 19 grant writers and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated team of six people to perform grant writing, researching, and consulting services for the City. Cori Takkinen Vice President Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 15 Years of Legislative Advocacy & Grant Writing Experience Role: Strategic Advisor & Funding Advocate Alex Gibbs Grants Director Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 13 Years of Legislative Advocacy & Grant Writing Experience Role: Project Manager/Grant Writer & Funding Advocate Anastasia Heaton Senior Associate Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 5 Years of Legislative Advocacy & Grant Writing Experience Role: Grant Writer & Funding Advocate Barbarah Torres Senior Associate Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 8 Years of Legislative Advocacy & Grant Writing Experience Role: Grant Writer & Funding Advocate Sammi Maciel Senior Associate Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 7 Years of Legislative Advocacy & Grant Writing Experience Role: Grant Writer & Funding Advocate Jake Leischner Associate Professional Credentials: Registered State and Federal Lobbyist Relevant Experience: 6 Years of Grant Writing and Public Policy Experience Role: Grant Writer & Funding Advocate Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 12 TECHNICAL PROPOSAL Alex Gibbs Grants DirectorProject Manager; Grant Writer & Funding Advocate Jake Leischner AssociateGrant Writer & Funding Advocate Sammi Maciel Senior AssociateGrant Writer & Funding Advocate Anastasia Heaton Senior AssociateGrant Writer & Funding Advocate Barbarah Torres Senior AssociateGrant Writer & Funding Advocate Cori Takkinen Vice PresidentStrategic Advisor & Funding Advocate The chart below delineates communication and reporting relationships among the proposed team. The individuals who will be principally responsible for working with the City will be Grants Director Alex Gibbs and Senior Associates Anastasia Heaton and Sammi Maciel. This team will be directly supported by TPA’s 16 additional grant writers and advocates to ensure the City is able to take advantage of all funding avenues and secure significant funding success. Vice President Cori Takkinen will personally engage in the City’s funding plan to engage high-level state and federal representatives, ensure quality customer service, and oversee the project team. TPA uses a strategic approach to grant writing services that will be tailored to meet the specific needs of the City. To maximize success, TPA’s team of advocates and grant writers will collaborate to leverage an expansive collection of relationships in the state and federal governments, as well as a variety of policy expertise, including in transportation and infrastructure, water, education, parks and recreation, and local governance. TPA will not utilize subcontractors to perform the services outlined in the RFP. Brief resumes for each member of the client service team can be found on the following pages. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 13 TECHNICAL PROPOSAL Cori Takkinen, Vice President: Cori brings 15 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development. Townsend Public Affairs, Inc. Vice President 2011–Present Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong experience building coalitions, identifying synergies, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with State Legislators, key staff, and various state agencies. Some of Cori’s accomplishments include: • Leveraging relationships with the California Federal delegation, Cori had over $25 million in Community Project Funding (or earmarks) included in the nine appropriations bills that passed the House in FY 2022. • In the FY 2021–22 State Budget, Cori worked with several municipal and nonprofit clients to secure $54 million in budget earmarks for priority projects, including funding for mental health, public safety, infrastructure improvements, and parks and trails improvements. • In the FY 2019–20 State Budget, Cori worked with five municipal clients and one nonprofit client to secure $20.2 million in budget earmarks for priority projects, including stormwater treatment facilities, historical renovations, park and trail improvements, and fire prevention. • Leveraging State legislative relationships, Cori secured an earmark in the FY 2017–18 State Budget for $20 million to form the North Orange County Public Safety Collaborative. • Cori worked on behalf of the City of La Habra to secure a direct funding allocation in the FY 2021–22 State Budget in the amount of $8.5 million to repair an underground culvert in La Habra that collapsed due to a period of heavy rainfall. • Cori worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. • Cori worked with the City of Brea to secure $10 million from local, state, and federal sources for the Tracks at Brea project, a four-mile multi-use rail-to-trail project. Funding sources include the US EPA, California Natural Resources Agency, SGC, CTC and SCAG. • Cori worked with the City of Laguna Beach to secure $59,628 through the FEMA Assistance for Firefighters Grant program. Cori worked closely with FEMA program staff to secure funding for mobile radios and programming equipment that brought the Laguna Beach Fire Department up to P-25 compliance. Bringing the Fire Department into compliance has allowed increased coordination and activity with CalOES and the State’s Master Mutual Aid Plan. County of Orange, Board of Supervisors Policy Advisor for Supervisor John Moorlach 2010 Chapman University, Orange, CA Master of Public Administration 2014 Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 14 TECHNICAL PROPOSAL Alex Gibbs, Grants Director: Alex brings 13 years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing, researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, natural resources, local governance, public safety, and transportation. Townsend Public Affairs, Inc. Grants Director 2014–Present During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise in parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff as well as various state departments and agencies. Some of his accomplishments include: • Alex coordinated with County of Kern staff to secure over $17 million in grant funding from the Behavioral Health Continuum Infrastructure Grant Program administered by the California Department of Health Care Services to establish a youth crisis walk-in center facility. Alex crafted a competitive application and leveraged a strategic network of agency relationships to ensure the project’s success. The critical funding will allow the County to continue to expand its capacity to provide alternatives to incarceration, hospitalization, homelessness, and institutionalization. • Alex worked closely with the City of Oakland staff to secure $7 million in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents. • Alex led a team of Kern County staff through the application process to secure $6.5 million in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much-needed renovations to an existing park in the community of Lamont, despite grant program guidelines that provided preferences for the construction of new parks. • Alex worked with the City of San Leandro to secure $4.5 million in funding from the Building Forward Library Infrastructure Program administered by the California State Library to upgrade libraries throughout the City. Alex tailored the grant application’s message and narrative and worked with City staff to create a project budget and timeline that would ensure competitiveness. Alex also utilized advocacy strategies that leveraged the City’s strengths during the grant review process to ensure project success. • Alex collaborated with state Natural Resources Agency staff to secure a $3 million Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project that had been years in the making. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 15 TECHNICAL PROPOSAL • Alex worked jointly with the City of South San Francisco to secure a $868,000 grant from the Active Transportation Program (ATP). Alex leveraged relationships with the California Department of Transportation and coordinated among local business stakeholders and school officials to craft a competitive grant application to the statewide ATP. This funding helped the City with their Linden and Spruce Avenue Traffic Calming Improvement Project to construct major traffic calming improvements to ensure bike and pedestrian safety at crucial intersections in residential and commercial neighborhoods. • Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300-plus acre regional park and equestrian center. Alex then continued to work with the City on grant administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding. • Alex worked with the City of South San Francisco to secure a $658,000 grant from the San Mateo County Transportation Authority’s Measure A Pedestrian and Bicycle Program. Alex leveraged relationships with stakeholders in the County to ensure that the City received the funding needed for their Sunshine Gardens Project, including major traffic- calming improvements on streets frequented by students walking and riding bicycles. • Alex worked closely with City of Novato staff to secure a $220,500 grant from the Food Waste Recovery Program at CalRecycle to fund a local food waste recovery effort in Marin County that allowed the City of Novato to partner with local nonprofits and ensure that good food that otherwise would go to waste reached food banks and vulnerable residents. • Alex worked jointly with the City of Fullerton to secure a $200,000 planning grant from the US Department of Transportation’s Safe Streets and Roads for All (SS4A) Grant program. The grant will help fund the Fullerton Comprehensive Safety Action Plan, which will increase public safety for all forms of transportation in the city, including walking, bicycling, and single-occupancy vehicle users. • Alex has developed broad expertise concerning public safety policy and funding. In conjunction with local stakeholders, Alex has worked successfully on a variety of public safety issues that affect local public agencies in California, including the fight against the trafficking and exploitation of minors as well as the protection of local control regarding the manufacturing of cannabis products. California State Senate Legislative Aide 2012–2014 Alex worked as a member of the Eighth Senate District’s legislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committees as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. University of San Francisco, CA Bachelor of Arts, Politics 2011 San Diego State University Professional Grant Writing Certification 2023 Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 16 TECHNICAL PROPOSAL Anastasia Heaton, Senior Associate: Anastasia brings a variety of experience and knowledge to TPA, including five years of experience in public cultural and historical resources. Anastasia has grant writing experience in areas such as water, parks and recreation, cultural resources, and natural resources. Townsend Public Affairs, Inc. Senior Associate 2021–Present At TPA, Anastasia has worked with clients to develop their funding proposals and secure competitive grant funding on projects. Anastasia has developed robust relationships with the Department of Water Resources, the California Natural Resources Agency, the Governor’s Office of Planning and Research, the California State Library, Go-BIZ, the Department of Parks and Recreation, and the National Endowment of the Arts. She has also worked to identify strategic resources that ensure her clients’ visions are transformed into reality. Some of her work includes: • Anastasia secured a cumulative $12.1 million in competitive Southern California Association of Governments Regional Early Action Planning Grants (2.0). o $8 million was secured through the RUSH (Regional Utilities Supporting Housing) to fund the development of over 3,000 housing units and ensure their ability to withstand stormwater in the wake of Tropical Storm Hilary. o $4.1 million was secured through the Lasting Affordability Program to fund the development of a revolving loan program for the City of Murrieta’s Housing Authority. o Not only did Anastasia secure the grant funding, she worked throughout the FY25 Budget Cycle to ensure the grant dollars, originally slated to be cut from the budget and revoked from the awardees, were protected and retained in the FY25 Budget in the wake of the budget deficit. • Through the 2022 State Budget process, Anastasia worked to advocate for the inclusion of $6 million for the City of Agoura Hills’ Linear Park construction. This park will provide critical recreation, social, and educational spaces for residents of the City of Agoura Hills. • Anastasia alongside the California Water Service, secured $4.2 million in competitive Urban Community Drought Relief funding through the Department of Water Resources. This funding will be used to consolidate several at-risk and dangerous water systems to provide clean, accessible potable water to a disadvantaged area. • Anastasia worked with State Department of Water Resources staff to secure $2.3 million in Small Community Drought Relief Grants. This grant funding supported three projects in Kern County and Marin County, ranging in award amounts from $19,500 to $1.4 million. These critical drought mitigation projects include a new intake facility and increased storage capacity for water districts hit the hardest by severe drought conditions. • Anastasia worked closely with the City of Palmdale to secure $1 million in competitive LA County Regional Park and Open Space District Measure A funding for Regional Recreation, Multi-Use Trails, and Accessibility projects. This grant funding will go towards the expansion of a beloved and critical swimming pool in the City’s Marie Kerr Park. • Through both cycles of the Building Forward Library Infrastructure Program, Anastasia secured a total of $4.1 million in state funding for various projects benefiting libraries throughout the state – from children’s wing expansion to HVAC and elevator repairs. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 17 TECHNICAL PROPOSAL • With the City of Murrieta, Anastasia secured $2.4 million in Economic Development Agency competitive grant funding for the Murrieta Innovation Center, a life-science startup incubator and community resource that will prove integral for job growth and development. • Alongside Merced Union High School District, Anastasia secured $750,000 in Outdoor Equity Grant Funding through the California Department of Parks and Recreation for the District’s “Our Outdoors Program,” which will provide outdoor education excursions and career development for underserved students. On behalf of the City of La Habra, Anastasia secured $320,000 in US Department of Transportation Safe Streets and Roads 4 All (SS4A) grant funding to fund the full implementation of a Safe Routes to Schools Plan, helping students in the region safely travel to and from school using active transportation methods. • Through LA Metro’s 5310 Grant Program, Anastasia, with the City of South El Monte, secured $230,000 in competitive funding for the acquisition of an electric shuttle vehicle to allow for increased, sustainable transit options for seniors and disabled residents. • Anastasia submitted an application to the 2022 Bureau of Reclamation’s WaterSMART Water and Energy Efficiency Program, securing $235,170 in grant funding to implement the California Water Service’s multi-region turf replacement program, replacing turfgrass with drought-tolerant, California-friendly habitat. • Anastasia secured over $230,000 in last-mile broadband access funding for the City of Palm Springs through the California Public Utilities Commission Broadband Adoption Account. This funding will provide needed computer and broadband access infrastructure for various libraries and community centers throughout the City. • Anastasia secured $10,000 in State Parks and Recreation funding for the City of Murrieta and the Murrieta Public Library through the Parks Pass Program. She then secured an additional $30,000 in Sustainable Libraries Grant funding on behalf of the Murrieta Public Library to augment the ongoing existing natural resources education initiatives and expand library reach. These grant funds will go towards the creation of outdoor activity kits and an Earth Day festival for Murrieta library patrons. U.S. State Department and Indian Health Services Agency Research and Writing VSFS Intern 2020–2021 Anastasia worked as a researcher and writing intern for the U.S. State Department and Indian Health Services Agency, devising creative ways to translate and narrate information and data on cultural resources and public health. Santa Barbara Mission Archive-Library Archival Intern 2020 Anastasia worked to research and identify significant historical narratives and bring them to the public through community outreach and public education efforts. She provided key support in managing grant documentation and securing funding for the Mission Archive Library. Westmont College, Santa Barbara Bachelor of Arts, History 2021 Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 18 TECHNICAL PROPOSAL Barbarah Torres, Senior Associate: Barbarah brings eight years of grant writing and administration experience and knowledge to TPA, particularly in the areas of transportation and planning, public works, infrastructure, and community development. Townsend Public Affairs, Inc. Senior Associate 2024–Present Since joining TPA, Barbarah has leveraged her extensive expertise and experience in the areas of grant writing and administration to develop competitive grant program applications and secure critical state, federal, and local funding for clients’ priority projects. With robust relationships with key state and federal agency representatives, including in the Department of Transportation, Federal Emergency Management Agency, Environmental Protection Agency, California Energy Commission, and California Natural Resources Agency, Barbarah is a skilled advocate who is able to quickly and effectively navigate complicated program guidelines and administration requirements while mitigating unnecessary burdens on clients. San Diego Association of Governments, Government Affairs Senior Public Affairs Officer, Bi-National Affairs 2022–2024 As the Acting Program Manager for an extensive project portfolio in the South Bay and the Mexican Border, Barbarah supported and managed a collection of construction, transit, rail, long range planning, and mega projects. Specifically, Barbarah was the lead management principal for the $2 billion Otay Mesa East Port of Entry project, where she coordinated grant applications, stakeholder engagement, relationship management, communication strategies, and program implementation. Barbarah also increased agency representation at events and conferences to elevate its profile and foster community outreach and engagement. Additionally, she was responsible for keeping board members, stakeholders, community groups, project principals, and executive group members informed on ongoing activities through briefings, presentations, articles, talking points, and white papers. Port of San Diego, Government and Civics Relations Department Grants Program Coordinator 2019–2022 Barbarah was responsible for seeking and managing approximately $130 million in various federal, state, and local funding to advance the Port’s project priorities. She engaged and fostered strong relationships with several agencies, including the Department of Transportation, Maritime Administration, Department of Homeland Security, Federal Emergency Management Agency, Environmental Protection Agency, California Energy Commission, California Natural Resources Agency, and National Park Service. City of San Diego, Purchasing and Contracting Department Contract Compliance Officer, Public Works and Utilities Focus 2018–2019 Barbarah was responsible for reviewing and managing contract compliance for approximately $400 million in contracts issued by the City of San Diego. Her responsibilities included the issuance of contract compliance metrics, attainment of goals and timelines, prevailing wage requirements, negotiation of change, audits, investigation and resolution of contractor performance problems, appraisal of contractor performance, disposition of claims, terminations, and close-out. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 19 TECHNICAL PROPOSAL Port of San Diego, Government and Civic Relations Department Legislative Analyst 2017 Barbarah performed bill tracking, research, and analysis to inform Port leadership and stakeholders. Additionally, she helped secure grant funding for the Port’s projects and services, as well as presented comprehensive legislative briefings to the Board of Port Commissioners. City Heights Community Development Corporation Transportation and Planning Coordinator 2017 Barbarah secured and managed grants from Caltrans, the County of San Diego, the City of San Diego, and the San Diego Association of Governments. Alliant International University, San Diego Bachelor of Arts, Political Science and Government 2016 University of California, San Diego Project Management Certification 2023 Sammi Maciel, Senior Associate: Sammi brings seven years of federal legislative, funding, and public policy experience. Sammi has experience managing legislative activity, including bill analysis, research, and drafting, particularly for federal funding opportunities. Sammi has expertise in several policy sectors including local governance, transportation, broadband, energy, and cultural resources. Townsend Public Affairs, Inc. Senior Associate 2021–Present Since joining TPA, Sammi has kept clients informed of significant actions and pertinent developments in the federal government and strategizes ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Sammi’s experiences include: • Sammi has strong relationships with key officials within the Department of Transportation, Energy, and Environmental Protection Agency, which have been critical in helping to advocate and navigate the hundreds of new funding opportunities implemented through the Bipartisan Infrastructure Law and Inflation Reduction Act. Sammi has leveraged these relationships to guide clients in the submittal process for the millions of dollars available to improve our client’s infrastructure priorities. • Sammi has leveraged her relationships with regional and national EDA officials to assist in drafting applications for the newly Authorized Recompetes program, made available through the 2022 CHIPS and Science Act. • In FY 2023, Sammi worked with the City of Half Moon Bay to secure a $2 million earmark for the City’s Highway 1–Frenchman Creek Intersection and Bike/Pedestrian Improvement project. Sammi assisted in developing and submitting the project for consideration and leveraged her extensive federal relationships to ensure success. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 20 TECHNICAL PROPOSAL • Sammi’s four years of experience working for two California Senators has led to an extensive network of relationships both on Capitol Hill and within federal agencies. Her understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are important to successfully advocating for California-based clients. • Sammi has first-hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Sammi has utilized her experience to successfully aid clients in securing millions of dollars’ worth of earmarks in the FY22 and FY23 process. • Sammi has identified new and previously underutilized federal grants for the benefit of TPA clients. She has leveraged her relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzzwords required for successful grant applications. Sammi then leverages that information to help TPA clients develop and submit more competitive federal grant applications and provides more effective tailored advocacy to secure funding awards. U.S. Senate, Office of Senator Kamala Harris (CA) Field Representative 2019–2021 Sammi represented a 30-county region on behalf of Senator Harris, attending events, hosting meetings, and facilitating outreach to constituents. She tracked key issues, facilitated rapid response, and built an extensive network of relationships with local elected officials and advocacy groups within her 30-county region. Additionally, Sammi drafted letters of support on behalf of her region addressed to numerous federal agencies, requesting funding for key projects. U.S. Senate, Office of Senator Dianne Feinstein (CA) Legislative Intern Summer of 2017 As a legislative intern with Senator Dianne Feinstein’s office, Sammi researched and drafted memos for state field representatives regarding state legislature bills in the policy areas of transportation and water infrastructure, cannabis, and sanctuary cities. Dominican University of California Bachelor of Arts, Political Science 2017 Jacob Leischner, Associate: Jacob brings a variety of experience and knowledge to TPA, including extensive experience in the writing and editing of proposals. Jacob has grant writing experience in areas such as economic and community development, parks and recreation, cultural resources, and natural resources. Townsend Public Affairs, Inc. Associate 2024–Present Since joining TPA, Jacob has worked with clients to develop their funding proposals and secure competitive grant funding on projects. He has also worked to identify strategic funding resources that ensure his clients’ visions are transformed into reality. Some of his work includes: Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 21 TECHNICAL PROPOSAL • Jacob has extensive experience drafting, submitting, and securing funding from a diverse number of grant programs, including those administered by the Federal Emergency Management Agency, California Office of Emergency Services, National Telecommunications and Information Administration, U.S. Department of Transportation, and Federal Highway Administration. He has submitted proposals on behalf of clients for projects relating to state and local cybersecurity, digital equity, bridge infrastructure, and community development programs. • Jacob has worked alongside clients to advance and prioritize their cybersecurity efforts to protect operations and residents’ safety. • Jacob monitors state and federal agency websites, attends grant funding webinars, and leverages his network of relationships to proactively identify funding opportunities and communicate program requirements, timelines, and best practices to clients. • Jacob utilizes information gathered during onboarding sessions to develop and submit tailored grant applications that strongly convey the urgency and impact of client projects to granting agencies to maximize the likelihood of success. • Jacob closely monitors ongoing activity in both Sacramento and Washington, DC to ensure clients are acutely aware of upcoming legislation that has the potential to impact funding opportunities or current programs. Rose Institute for State and Local Government Student Manager 2017–2021 Jacob managed a team of undergraduate students across 15 research and institutional teams, leading biweekly meetings and overseeing staff evaluations. He redesigned the hiring process for a virtual platform, ensuring greater transparency and accessibility. Additionally, Jacob led a project analyzing public election financing programs and directed a team in producing redistricting and demographic research. He also contributed to drafting chapters on caucus politics and methodology for 17 states as part of a book publication. International Bridges to Justice Research and Development Fellow 2019 Jacob researched, pitched, and applied for grants to secure funding for operations at the U.S./Mexico border. Additionally, Jacob cultivated partnerships with stakeholders in education, nonprofits, legal aid, and access to justice initiatives, fostering collaborations that provided structural and organizational support. Claremont McKenna College Bachelor of Arts, Philosophy, Politics, and Economics 2021 QUALITY CONTROL TPA utilizes rigorous quality control measures to ensure the highest standards for all work products delivered to the City. Each draft and final version undergoes a thorough internal review by senior staff members, ensuring accuracy, compliance with grant guidelines, and clarity in presentation. Our process includes cross-checking data, fact verification, and detailed proofreading to eliminate errors. We maintain open communication with the City throughout, incorporating feedback at every stage to deliver well-refined, high-quality final products. Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 22 TECHNICAL PROPOSAL REFERENCES 1. CITY OF MURRIETA Contact Name: Kim Summers Contact Title: City Manager Address: 1 Town Square, Murrieta, CA 92562 Phone Number: 951-461-6010 Email Address: ksummers@murrietaca.gov Project Description: TPA provides grant writing and state and federal legislative advocacy services to the City. 2. CITY OF PALM SPRINGS Contact Name: Teresa Gallavan Contact Title: Assistant City Manager Address: 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 Phone Number: 760-322-8380 Email Address: teresa.gallavan@palmspringsca.gov Project Description: TPA provides grant writing and state and federal legislative advocacy services to the City. 3. CITY OF FONTANA Contact Name: Robert Torres Contact Title: Public Affairs Manager Address: 8353 Sierra Avenue, Fontana, CA 92335 Phone Number: 909-350-7606 Email Address: rtorres@fontana.org Project Description: TPA provides grant writing services to the City. CURRENT CLIENTS TPA currently provides grant writing and/or legislative advocacy to the following public agencies: • City of Agoura Hills • City of Alhambra • City of Anaheim • City of Atascadero • City of Atwater • City of Avalon • City of Berkeley • City of Brawley • City of Brea • City of Buena Park • City of Campbell • City of Chino Hills • City of Citrus Heights • City of Compton • City of Concord • City of Costa Mesa • City of Del Mar • City of Dinuba • City of Dublin • City of El Monte • City of Emeryville • City of Farmersville • City of Fontana • City of Fort Bragg • City of Fountain Valley • City of Fremont • City of Fullerton • City of Gardena • City of Guadalupe • City of Half Moon Bay • City of Hanford • City of Hayward • City of Hesperia • City of Huron • City of Irvine • City of Kingsburg • City of La Habra • City of La Palma • City of La Verne • City of Lafayette • City of Laguna Beach • City of Los Alamitos Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 23 TECHNICAL PROPOSAL • City of Los Banos • City of Madera • City of Malibu • City of Manteca • City of Mendota • City of Menifee • City of Millbrae • City of Mission Viejo • City of Modesto • City of Monterey Park • City of Moreno Valley • City of Morro Bay • City of Murrieta • City of Newport Beach • City of Oakland • City of Oakley • City of Oceanside • City of Ontario • City of Orange • City of Orange Cove • City of Pacifica • City of Orinda • City of Palm Desert • City of Palm Springs • City of Palmdale • City of Palo Alto • City of Parlier • City of Paso Robles • City of Pico Rivera • City of Pinole • City of Pismo Beach • City of Placentia • City of Placerville • City of Pleasanton • City of Reedley • City of Rialto • City of San Leandro • City of San Pablo • City of Santa Ana • City of Santa Barbara • City of Santa Clara • City of Shafter • City of Sierra Madre • City of Soledad • City of South El Monte • City of South San Francisco • City of Stanton • City of Temecula • City of Tracy • City of Tulare • City of Turlock • City of Tustin • City of Union City • City of Walnut Creek • City of West Sacramento • City of Westminster • City of Wheatland • County of Kern • County of Imperial • County of Mariposa • County of Orange • County of Shasta • County of Stanislaus • Merced County Association of Governments • San Gabriel Valley Council of Governments • Tri-Valley Cities Coalition PROJECT AVAILABILITY TPA is available immediately to begin the work outlined in the RFP upon the conclusion of the City’s evaluation and contract award. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT TPA does not request any exceptions to the City’s standard consultant contract (Attachment A) and accepts the form of the agreement.     Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 1   Proposal for Grant Research, Writing, & Management Services October 8, 2024     Proposal for Grant Research, Writing, & Management Services | City of Lake Elsinore Page 1     COST PROPOSAL ALL-INCLUSIVE RETAINER:     DESCRIPTION OF SERVICES MONTHLY FEE Grant Research, Writing, and Management Services $6,000*  Conduct Detailed Orientation Included  Craft Strategic Funding Plan Included  Identify, Research, and Monitor Grant Funding Opportunities Included  Grant Application Development and Submittal Included  Establishment of Clear Accountabilities Included  Provide Overview of Full Applications Requirements Included  Assemble Project Background and Details Included  Coordinate Technical Project Details Included  Draft Written Proposal Included  Incorporate Feedback to Finalize Proposal Included  Submit Completed Application Included  Funding Advocacy Included  State Budget Funding Opportunities Included  Federal Earmark Opportunities Included  Post-Grant Submittal Advocacy Included  Post-Award Grant Administration and Compliance Included  Post-Award Services—Above and Beyond Advocacy Included  Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses. ANNUAL NOT-TO-EXCEED AMOUNT: $72,000 1 REQUEST FOR PROPOSALS GRANT RESEARCH, WRITING, AND MANAGEMENT SERVICES September 3, 2024 City of Lake Elsinore Community Support Division 130 South Main Street Lake Elsinore, California 92530 Page 1 REQUEST FOR PROPOSALS The City of Lake Elsinore, hereinafter referred to as the City, is inviting proposals from qualified consultants to provide grant research, writing, and management services to Lake Elsinore. To be considered for this contract, your firm must meet the qualifications and satisfy the requirements as stated in the Request for Proposal (RFP). Time Schedule: The following is the City's tentative schedule for the selection of contractor (all times PST): a)Request for Proposals distributed: September 3, 2024 b)Questions Submittal Deadline: September 24, 2024, by 3:00 pm c)Deadline for submitting Proposals: October 8, 2024, at 3:00 pm d)Award of contract: October 2024 Proposals will be received electronically via the City of Lake Elsinore’s online bid management portal PlanetBids, until 3:00 pm, October 8, 2024. Any changes to this RFP will be specifically modified by the City of Lake Elsinore and issued as a separate addendum document. It is the Proposer’s sole responsibility to ensure that their proposal, including all addenda, is uploaded to the proper place at the proper time. Any proposal received after the scheduled closing time for receipt of proposals will not be considered. Proposals must be submitted electronically via the City of Lake Elsinore e-Procurement System PlanetBids as set forth in this RFP document. Proposals submitted by any other method, such as hard copy, fax, or e-mail, will be disqualified. Proposals may be withdrawn on the PlanetBids vendor portal prior to the schedule submittal time and date receipt of proposals. Proposers are encouraged to not wait until the deadline to submit proposals, as system-related questions may arise. This RFP does not commit the City of Lake Elsinore to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City. All questions, technical, commercial, or contractual in nature shall be directed to the Q&A section on the e-Procurement System PlanetBids. No phone calls will be allowed. Contacting the City of Lake Elsinore personnel directly regarding this RFP is prohibited and may be grounds for elimination from the selection process. All questions regarding this RFP must be submitted through the e-Procurement System PlanetBids no later than 3:00 pm, September 24, 2024. Sincerely, Community Support Division Page 2 INTRODUCTION BACKGROUND The City of Lake Elsinore encompasses 43 square miles, with a diverse population of 73,916 residents, and is located about 85 miles north of San Diego. The City was incorporated in 1888 as a general law city and is governed under the City Council/City Manager form of government. The City has approximately 106 full time employees and 48 part time employees in seven departments (City Manager, City Clerk, Administrative Services, Community Services, Community Development, Engineering, and Public Works) and contracts out fire and police services. Evaluation and Selection Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criteria and corresponding percentages in its evaluation and comparison of proposals submitted. The criteria below are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criteria and points as deemed appropriate prior to the commencement of evaluation. EVALUATION CRITERIA POINTS Qualifications/Related Experience/References 25 Thoroughness and Understanding of the Project 25 Cost of Services 25 Interview 25 Total Points 100 The City reserves the right to reject any or all proposals, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the City as determined by the City. The City may cancel this solicitation at any time. All proposals shall comply with current federal, state, and other laws relative thereto. The City is not liable for any costs incurred by the Proposer before entering into a formal contract. Costs for developing the proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award. Submission of a proposal indicates acceptance by the consultant of the conditions contained in this RFP and attached agreement unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City and the consultant selected. Page 3 SCOPE OF REQUIRED SERVICES The sections below provide the framework for the scope of services required. Any additional information that the consultant wishes to include will be helpful in making our decision. 1. Grant Funding Needs Assessment and Strategy a. Participate in an initial introductory/all hands meeting with City executives and staff, and annually thereafter, to develop an overall strategy for identifying and securing grant funding. b. Meet with City staff monthly to identify grant funding needs and priorities and discuss current and potential grant opportunities. 2. Grant Monitoring and Research a. Identify appropriate grantors and grant programs including, but not limited to, federal, state, and regional government organizations and private foundations and businesses to support the City’s funding needs and priorities. b. Research and analyze potential funding opportunities to determine its suitability to the City’s needs and project eligibility requirements. c. Based on grant funding research, recommend grantors and grant programs to which the City should submit applications. d. Inform staff of the details of identified grants and provide key information including funding program name and agency, available funding, key dates/deadlines, funding type (grant, loan or incentive), required match, and cost share required. 3. Grant Writing a. The consultant shall write and apply for all grants approved by City staff. b. Prepare a strategic work plan for each grant application including key dates, responsibilities of consultant and staff for producing grant application content, key tasks, and specific deliverables. c. Provide grant proposal writing services associated with the completion of grant applications on behalf of the City, including the preparation of letters of intent, funding abstracts, production and submittal of applications. Page 4 d. Ensure that all required components of each proposal are included in submission; ensuring adherence to grant evaluation criteria, and ensuring entire grant package is timely and correctly prepared in accordance with the requirements and restrictions of its respective funder’s portal and technical submission requirements. e. Work with designated City staff to edit grant applications for consistency of messaging, ensuring integration of grant requirements prior to City final review and submittal to funder. f. Organize facts, data, statistics and narrative collected and written as a part of assigned projects, developing tabular or graphic data displays as appropriate, and make those items available to the City for future use. 4. Grant Management and Administration a. If requested by City, upon award of grant, provide grant management and administration services, including but not limited to: i. Prepare a schedule for the submission of required documents, including project milestones, progress and final reports and invoices to funding agencies, including key dates and responsibilities of consultant and staff for producing drafts and final deliverables. ii. Ensure that all reporting components of the awarded grant are correctly prepared and submitted to meet the deadlines in accordance with funding agency requirements. iii. Work with designated staff on all grant compliance components including all standard environmental, procurement, and compliance regulations, and also provide guidance on grant eligible costs and advise staff of analysis and strategic actions to fully utilize existing grant money and ensuring 100% compliance. iv. Review status and progress of grant with City staff on a monthly basis and with funding agencies as needed. v. Ensure project and grant reporting are “Audit Ready” upon completion by developing and maintaining an audit file with all documentation, including, but not limited to: all compliance documents, financial documents, reports, 5 reimbursement requests, and any other documentation relevant to the project’s grant funding. Page 5 5. Ongoing Communication a. Communicate with designated City staff regarding the work undertaken and upcoming grant opportunities. b. Submit monthly reports to the City summarizing the amount of time expended and describe activities undertaken during the previous month. 6. Technical Proposal Format The proposal submitted for this project must follow the outline described below and must address all requested information. a) Title Page b) Table of Contents c) Cover Letter i. The Cover Letter shall be addressed to Adam Gufarotti, City Manager’s Office, and at minimum, must contain the following: ii. Identification of consultant, including name, address, and telephone number. iii. Name, title, address, and telephone number of contact person during period of proposal evaluation. iv. Statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from the date of submittal. v. Signature of a person authorized to bind the consultant to the terms of the proposal. a) If a corporation, a resolution or corporate bylaws illustrating who is authorized to sign contracts. d) Introduction/Approach a) In a brief narrative, describe the proposed solution by setting forth the overall approach and plans to meet the requirements of the RFP. The intent of this narrative is to convey to the City that the consultant understands the objective of the requested service, the nature of the work, and the level of effort necessary to successfully provide the Page 6 defined services. The narrative must stipulate how the consultant’s approach and plans to provide the services are appropriate to the tasks involved. a) Provide general information about the consultant, including size of the organization, location of offices, years in business, organizational chart, state of incorporation, names of owners and principal parties, and a statement of qualifications for performing the requested services. Include a statement indicating what differentiates your firm from other consultants. e)Experience •Provide a summary of the consultant’s qualifications and prior experience in providing the requested services. This section must include specific and detailed descriptions of similar projects performed, project results, client name and year completed. f)Project Overview •Provide a narrative description of the project based on the scope of services presented in the RFP along with a detailed work plan. Include any issues that you believe will require special consideration for this project. Also identify any unique approaches or strengths you may have related to this project. g)Detailed Work Plan •Respond to all requirements defined in the scope of services. Include the steps needed to complete all tasks and any recommended additions to the list of tasks. Also, document assumptions used in development of the work tasks including assistance needed from City staff and required hardware and software if applicable. If any of the requirements cannot be supported, provide a recommendation for an alternative approach. h)Project Team •Identify the project team, including proposed sub-consultants, and provide brief resumes for key staff assigned to the engagement. Identify the geographic locations of the vendor and key personnel. i)Quality Control Page 7 •Provide a detailed description and/or examples of the consultant’s quality control procedures that ensures all work products delivered to the City (i.e., drafts and final versions) are of high-quality, accurate and have been thoroughly reviewed prior to delivery to the City. j)References •Provide a complete list of other local governmental entities in California utilizing your grant research, writing, and management services over the past five (5) years. Provide at least three (3) references, past and present, using the same service being proposed and indicate the scope of services, date, name, email address, and telephone number of the client contact. SUBMITTAL FORM AND CONTENT OF PROPOSAL To assist in the evaluation process, the following information is required in the RFP submittal: a. Cover letter - Signed letter by an individual authorized to negotiate on behalf of the firm and must be binding for a term of 90 days from the date of submittal to the City. b. Brief description of your organization’s history, growth, philosophy/culture, number of employees, and number of years in business under the same name. c. Brief resume of the education and experience of those persons who will be part of the project team. d. Complete description of the organizational structure of your organization, and the method by which work is done. An organizational workflow chart with description of duties of the persons working on the study is useful. e. Written description of services to be provided. Include both services outlined in this request, as well as additional services recommended by your organization. Identify a window of time indicating availability to start the project. f. List of references of current and former clients, preferably municipalities. Include the name of the client, contact person, telephone number and email address (if available). g. Identify a window of time indicating availability to start the project. The selected firm will be required to enter into a written contract with the City of Lake Elsinore in a form approved by the City Attorney. It is expected that work will commence upon award of contract. ➢City’s Professional Services Agreement – Identify any sections of the City’s standard consultant contract (Attachment A) that pose concerns and would require negotiation/modification in order to be acceptable to consultant. If no Page 8 concerns are identified, submitter will be deemed to have accepted the form of the agreement. Cost Proposal Submit a comprehensive, specific statement indicating the maximum cost for the project based on the project as described herein. To the extent desired, additional recommendations and services or options may be included as additions to the project on an optional basis. These optional items shall be priced separately from this Request for Proposal. Offerors shall submit one digital copy within the PlanetBids e-Procurement portal under Cost Proposal labeled: “Cost Proposal – “GRANT RESEARCH, WRITING, AND MANAGEMENT SERVICES” no later than October 8, 2024, at 3:00pm PST. Cost Proposal should include: 1. An itemized schedule of all expenses. If the use of sub- consultants is proposed, a separate schedule of hours and expenses must be provided for each sub-consultant; 2.A maximum lump sum budget amount inclusive of all fees and expenses. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 25 pages, using minimum 12-point font size. Electronic submittals of the proposal will not be accepted. The City of Lake Elsinore reserves the right to extend the deadline to meet the objectives of the agency. SUBMITTAL EVALUATION Criteria to be used to evaluate the submittals will include, but not limited to: a. Degree to which each submittal responds to the needs of the City and this RFP (responsiveness, preciseness, thoroughness, etc.). b. Qualifications of the firm, including but not limited to its similar experiences in UA park design and personnel assigned to the project. c. Evidence of the ability to provide service in a prompt, thorough and professional manner. d. Experience, professional credentials, and reputation of those who will be performing the study. e. Ability to complete the work within the time specified. f. Fee amount and structure. Oral Presentation/Interview: Those Proponents considered most qualified to provide the required services may be requested to participate in an oral presentation/interview at the City's discretion. Applicants will be notified in writing of the time and place for the interview. It is expected that key members of the project team will be present for the presentation/interview process. Page 9 GENERAL INFORMATION The selected consultant will be expected to enter into and perform services under a Professional Services Agreement (PSA) with the City of Lake Elsinore. The City reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with qualified sources, or to cancel in part, or in its entirety, this Request for Proposal, if it is in the best interest of the City to do so. This RFP does not commit the City to pay any costs incurred for the preparation of the submission of a proposal, or to contract for supplies or services. Page 10 ATTACHMENTS Attachment A: City of Lake Elsinore Standard Agreement for Professional Services Page 11 AGREEMENT FOR PROFESSIONAL SERVICES Click or tap here to enter text.Click or tap here to enter text. This Agreement for Professional Services (the “Agreement”) is made and entered into as of Click or tap to enter a date., by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Click or tap here to enter text., a Click or tap here to enter text. ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Click or tap here to enter text. B. Consultant has submitted to City a proposal, dated Click or tap to enter a date., attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Click or Page 12 tap here to enter text. dollars (Click or tap here to enter text.) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 13 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant’s Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. Page 14 c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 15 Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold Page 16 harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The Page 17 amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. Page 18 If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant:Click or tap here to enter text. Attn: Click or tap here to enter text.Click or tap here to enter text.Click or tap here to enter text. 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service Page 19 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. Page 20 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 21 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” Click or tap here to enter text., a Click or tap here to enter text. By:Click or tap here to enter text. Its:Click or tap here to enter text. Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] Page 23 EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] Page 24 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of the State of California. Executed on this day of ,20 at , California. Consultant Page 25 EXHIBIT "D" LIST OF SUB-CONSULTANTS / SUBCONTRACTORS