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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 6, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Department: City Manager's Office
Subject: Approve Professional Services Agreements with JEA & Associates and Capital Edge Advocacy Inc. for
State and Federal Legislative Advocacy Services (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Professional Services Agreements with:
1. Capital Edge Advocacy Inc. for federal legislative advocacy services in an amount not to exceed $90,000 annually; and
2. JEA & Associates for state legislative advocacy services in an amount not to exceed $84,000 annually.
Executive Summary
Legislative advocacy consultants are common in municipalities, and they assist cities in securing funds from state and federal annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. These services would add capacity to the organization and enhance staff’s ability to achieve key strategic goals and objectives authorized by the Mayor and City Council. The City has been without a legislative advocacy consultant since November of 2022, preventing it from effectively representing its interests in Sacramento, CA and Washington D.C. The amount of each agreement is not to exceed $125,000 annually as approved by the Mayor and City Council.
Background
On May 11, 2023, the Mayor and City Council held a retreat to discuss the key strategic goals and priorities of the City. In response to Council’s direction provided at the retreat, the City Manager called a special workshop on June 30, 2023, to present a “Strategic Initiatives Plan,” which included a presentation on enhancing the City’s 1 7
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Legislative Affairs Program. The presentation outlined what steps and resources were necessary to improve the efficiency and effectiveness of the program, which included four (4) recommended areas of focus:
1. Establishing an annual Legislative Calendar.
2. Developing amendments to the current City of San Bernardino Legislative Platform.
3. Creating a Legislative & Governmental Affairs Manager position within the Office of the City Manager.
4. Retaining state and federal legislative advocacy consultants.
On September 12, 2023, the Mayor and City Council approved the elements of the Legislative Affairs Program described above and directed staff to return with the necessary programmatic pieces. On October 4, 2023, the Mayor and City Council adopted Resolution 2023-144 authorizing funding for:
1. The creation of a Legislative & Governmental Manager position:
a. Salary & Benefits - $173,873
b. Timeframe for hire is January 2024 at the earliest.
2. State & Federal Legislative Advocacy Services
a. Federal Advocacy Firm $125,000 FY 23/24
b. State Advocacy Firm $125,000 FY 23/24
Discussion
The Professional Services Agreements (“Agreement”) will authorize the consultants to perform general and specific legislative advocacy services on behalf of the City of San Bernardino. Specifically, the Agreement’s scopes of work outline the following tasks:
• Federal Legislative Advocacy Services - Capital Edge Advocacy Inc.
1. Assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply.
2. Provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs. 1 7
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3. Provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity.
4. Assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation.
This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office.
5. Provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee.
6. Advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues.
7. Distribute the Washington Report, by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments. •State Legislative Advocacy Services - JEA & Associates
1. Work with the City and its staff in the development of a Legislative Platform.
2. Work with the City and its staff in the development of a comprehensive funding outline at the state.
3. Closely monitor funding opportunities at the state level (i.e., community benefits programs/grants, competitive grants in key agencies, legislation, and appropriations, etc.).
4. Work with the City’s legislative delegation on favorable funding criteria language that would benefit and maximize funding for the City. This includes but is not limited to funding for public works infrastructure, climate change resiliency, transportation, housing, public safety and broadband.
5. Assist and facilitate any mitigation between the City and state agencies on priority issues.
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6. Undertake advocacy activities as directed or requested by the City, using our political and policy experience to accomplish the goals established.
7. Meet with the City’s state representatives at their district offices and/or their Capitol offices as directed.
8. Provide written or oral reports, as requested, or directed by the City.
9. Coordinate and communicate with the City Manager’s Office or their Designee’s to facilitate communication protocols.
10.Monitoring legislative activity in the State of California that may affect the City and increase the City’s opportunities to enhance economic growth and to protect current funding services.
11.Upon specific direction by the city, lobbying selected pieces of legislation or proposals for legislation.
12.Assist the City in advocating its position on issues before the Administration, the Legislature and relevant state agencies.
13.Work with contacts in local government, i.e., the League of California Cities, the California State Association of Counties, the Association of California Water Agencies and other organizations that are viewed to be of importance to the City’s policy priorities.
14.Take the lead on advocacy activities as directed or requested by the City, using our political and general experience to accomplish the goals established.
15.Provide oral and written reports as directed by the City.
16.Schedule, coordinate and attend meetings with legislative delegation and relevant stakeholders.
17.Represent the City’s policy interests before the Legislature and relevant agencies.
18.Assist the City in pursuing potential State funding opportunities, especially in the areas of Park Development, Homelessness and Violence Prevention.
The federal legislative advocacy agreement has a not-to-exceed contract amount of $90,000 and the state legislative advocacy agreement has a not-to-exceed contract amount of $84,000. The Agreements are within the budgeted amount authorized by the Mayor and City Council and have a term of one (1) year.
The Agreements with Capital Edge Advocacy Inc., and JEA & Associates are being 1 7
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brought forward for the Mayor and City Council’s approval in accordance with Section
3.04.010 D.3. of the City’s Municipal Code (Attachment 3) and Section V (e) of the City’s Purchasing Policy (Attachment 4). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City’s Purchasing Policy. 2021-2025 Strategic Targets and Goals
The retention of state and federal legislative advocacy firms aligns with all four of the City’s Key Strategic Target and Goal #1 Improved Operational & Financial Capacity.
The consultants will enhance City staff’s ability to collaborate with state and/or regional governments to ensure San Bernardino receives its fair share of resources, while maintaining close working relationships with governmental agencies.
Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funding already exists in the Professional Contractual Services budget for the City Manager’s Office.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Professional Services Agreements with:
1. Capital Edge Advocacy Inc. for federal legislative advocacy services in an amount not to exceed $90,000 annually; and
2. JEA & Associates for state legislative advocacy services in an amount not to exceed $84,000 annually.
Attachments
Attachment 1 – Professional Services Agreement Capital Edge Advocacy Inc.
Attachment 2 – Professional Services Agreement JEA & Associates Attachment 3 – Municipal Code Chapter 3.04 Purchasing System Attachment 4 – Purchasing Policy
Ward:
All Wards
Synopsis of Previous Council Actions:
October 4, 2023 Mayor and City Council adopted Resolution No. 2023- 144 approving funding for the Legislative Affairs Program
September 12, 2023 Mayor and City Council approved staff's recommendation related to the Legislative Affairs Program.
June 30, 2023 The Mayor and City Council held a special workshop that agendized discussions on key Strategic Initiatives.
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May 11, 2023 Mayor and City Council held a Council retreat to discuss the key strategic goals and priorities of the City, and to provide direction to the City Manager.