Montana Legislative Lobbyist Services

City of Missoula Request for Qualifications Montana Legislative Lobbyist Services November, 2012

Request for Proposal Table of Contents SECTION 1: GENERAL INFORMATION SECTION 2: OBJECTIVES SECTION 3: INFORMATION FOR CONTRACTOR SECTION 4: RFQ EVALUATION AND PROCESS SECTION 5: SCOPE OF WORK ATTACHMENT A VALIDATION QUESTIONS FOR CONTRACTOR ATTACHMENT C PRICING MATRIX ATTACHMENT D CONDITIONS AND NON-COLLUSION FORM ATTACHMENT E MASTER Q & A FORM ATTACHMENT F INTENT TO RESPOND FORM ATTACHMENT G PROPOSERS CONTACT INFORMATION (OPTIONAL)

Section 1: General Information Request For Qualifications (RFQ): Montana Legislative Lobbyist Services INTENT TO RESPOND form is due no later than 5:00 P.M. on Wednesday, November 21, 2012 Proposer Name: RESPONSE DUE NO LATER THAN 5:00 P.M. Friday, November 23, 2012 All contractors must respond in detail to each element of this RFQ in order to be considered for contract award. The qualifications proposal and Attachment C. are to be emailed to the address below. All contractors must respond in detail to each element of this RFQ in order to be considered for contract award. Attachment C. detailing costs will be opened during Phase II. SEND ALL CORRESPONDENCE ELECTRONICALLY TO THE CONTACT BELOW: Linda Jordan Administrative Services/Project Manager City of Missoula Mayor s Office Email: mayorstaff@ci.missoula.mt.us PHONE: (406) 552-6001 Section 2: Objectives Introduction and Objectives This RFQ is issued by the City of Missoula for the purpose of obtaining information and pricing regarding Montana Legislative Lobbyist Services. It is the intent of the City of Missoula to review and assess the RFQ responses to determine if the response from solicited contractors can meet the needs of the City of Missoula. Contractors are expected to provide their best and most competitive proposal. Attachment F, the Intent to Respond form, must be completed and emailed two (2) days prior to the RFQ submittal date. Lobbyist RFQ, Nov. 2012 3

Section 3: Information for Contractors Disclaimer This RFQ does not form or constitute a contractual document. The City of Missoula shall not be liable for any loss, expense, damage or claim arising out of the advice given or not given or statements made or omitted to be made in connection with this RFQ. The City also will not be responsible for any expenses which may be incurred in the preparation of responses to this RFQ. Instructions to Proposers: EXAMINATION OF DOCUMENTS Before submitting the qualifications, the proposer shall: (a) Carefully examine the Standards and Specifications as well as all other attached documents; (b) Fully inform yourself of the existing conditions and limitations; (c) Include with the proposal sufficient information to cover all items required in the specifications. PROPOSAL MODIFICATIONS Modifications, additions or changes to the terms and conditions of this request for qualifications may be cause for rejection of the proposal. No oral, telephone, or telegraphic proposals or modifications will be considered. CERTIFICATION OF ALTERATION OR ERASURE A proposal shall be rejected should it contain any material alteration or erasure, unless, before the proposal is submitted, each such alteration or erasure has been initialed in ink by the authorized agent signing the proposal. SIGNATURE All electronic proposals shall be submitted with electronic signatures. Proposals are to be identified with company logos when applicable. The successful proposer will be required to enter into, and sign in longhand a contractual agreement. WITHDRAWAL OF PROPOSALS Proposers may withdraw their qualifications either personally or by written request at any time prior to the due date set for receiving proposals. No proposal may be withdrawn or modified after the due date and time, unless and until the award of the contract is delayed for a period exceeding forty-five (45) days. Lobbyist RFQ, Nov. 2012 4

QUOTE VALID The proposer must honor their quote for a period of ninety (90) days after the RFQ due date. CERTIFICATION The proposer certifies that the qualifications has been arrived at independently and has been submitted without any collusion designed to limit competition. The proposer further certifies that the materials, products, services and/or goods offered herein meet all requirements of the stated specifications and are equal in quality, value and performance with highest quality, nationally advertised brand and/or trade names. INSURANCE REQUIREMENTS The proposer will be required to provide evidence of worker's compensation insurance. Proof of insurance will be required in the contract with the successful vendor. The City requires proof of separate, additional professional liability insurance in the amount of $1,000,000 per claim. QUESTIONS Questions regarding the Request for Qualifications contents may be sent to the contact person listed in Section 1 via email no later than 2 business days prior to due date for qualification submittals. The City of Missoula will make every effort to provide a written response within 2 business days. Whenever responses to inquiries would constitute a modification or addition to the original RFQ, the reply will be made in the form of an addendum to the Request for Proposal, a copy of which will be forwarded to all Proposers. Supplier must submit their questions using the Master Q & A form found in Attachment E. Supplier s name, requester, and appropriate contact information. Clearly state the question and Request for Proposal section. Specific reference to the applicable Request for Proposal section(s). RFQ Submission Upon the submission of the RFQ response, the supplier acknowledges that all information is accurate and complete. Please send one hard copy via mail to the contact person listed in Section I. Lobbyist RFQ, Nov. 2012 5

Section 4: RFQ Evaluation and Selection Processes RFQ Process Timeline Dates RFQ issued November 9 Advertise on City Web Site & via email November 9 23 Advertise in the Missoula Independent November 15, 2012 Intent to Respond Form due November 21 Proposals due by 5:00PM November 23, 2012 Phase I November 26, 2012 Selection Committee to Evaluate and Choose (Interview, if necessary) November 27, 2012 Referral to Council November 30, 2012 A&F Committee meeting December 5, 2012 Contract Awarded by Council December 10, 2012 Phase I Evaluation Proposals received will undergo an initial review to determine: Compliance with instructions stated in the RFQ Compliance with proposal submittal date Cost Competitiveness Phase II Evaluation The evaluation of contractors qualifications may include, but is not limited to, the following criteria: Contractors experience related to providing services required by the City of Missoula Capacity to assume new business Perceived ability to meet the City of Missoula requirements Availability for providing lobbying services during the 2013 Montana State Legislative Session Breadth of services available Lobbyist RFQ, Nov. 2012 6

Compliance with the City of Missoula Terms and Conditions Section 5: Scope of Work A. Purpose: The City of Missoula, Montana, is seeking to hire a qualified and competent individual or firm to provide State Legislative Lobbyist Services. The City is interested in entering into a contact for the entire 2013 Legislative Session with the successful individual or firm. B. Background: The City of Missoula is the second largest city in Montana, with an estimated population of 67,297 based on the 2011 Census estimate. The City provides the normal range of governmental services including Police, Fire, Parks and Recreation, Public Works, Planning, Zoning, Building and Code Enforcement to its citizens. Missoula serves as a center for education, medicine, retail and the arts for a large geographic region. The City s fiscal year begins July 1 and ends June 30. As the second largest city in Montana, Missoula has special needs and issues that it asks the Legislature to consider. The Montana League of Cities and Towns provide broad-issue, statewide lobbying, while Missoula needs a lobbyist to provide more detailed and Missoula-specific legislative lobbying services. Eligibility C. Eligibility: The City will give preference to Contractor(s) who reside in Helena, Montana, or its near proximity. It is also desirable for Contractor(s) to have a working knowledge of Missoula issues. Proposers shall possess or have continual and immediate access to legal and legislative expertise sufficient to execute all tasks and responsibilities in a thorough, competent and professional manner. The names, resumes and qualifications of all professional personnel proposed for these services shall be submitted as a part of your RFQ response. D. Qualifications and Expertise: To be eligible to respond to this RFQ, the Proposer(s) must demonstrate that they have successfully performed the services in the Scope of Work section of this RFQ. At a minimum, qualification submittals should include: 1. A list of clients, particularly non-profit or public service organization clients, for whom you have performed these services within the past five (5) years. Include agency, contact name, address, email address, telephone and fax numbers; 2. A history of your organization, including a current organization chart (if applicable), and any other appropriate descriptive information which will be helpful in our evaluation of your qualifications and experience. Include the number of years you have provided state Lobbyist RFQ, Nov. 2012 7

lobbying services, a brief scope of services provided, fees charged and the name of the staff member who managed the contract; 3. Identify the principal(s), team members and their individual roles in the City s contract, including how many years each member has been lobbying at the state level. 4. Identify understanding of municipal and government operations. E. Scope of Work: The City of Missoula seeks to retain the services of a legislative lobbyist/consultant for matters in which the City may need professional services before the Montana Legislature, State of Montana administrative agencies, the Montana Governor and Cabinet, etc. Such services shall include, but not necessarily be limited to: Make oneself familiar with City operations and initiatives; Assist the Mayor, Chief Administrative Officer and City Council in the coordination and development of the City s legislative program; Work with the City Administration, City Council and the Missoula County Legislative Delegation developing special or general legislation in keeping with, or supportive of, the City s adopted legislative program; Testify before and present written information to legislative committees, subcommittees, interim committees and individual legislators; Communicate closely and regularly and attend meetings with City Administration, City Council and others specified in order to perform the responsibilities assigned and to request assistance as needed on legislative matters of interest to the City; Work closely with the representatives of the Montana League of Cities and Towns, the Montana Municipal Insurance Authority and legislative lobbyists from the Missoula County area on legislative matters of common interest; Arrange for and coordinate additional lobbying efforts on specific legislative matters, as needed; Act as an informational resource for and attend meetings with the Missoula County Legislative Delegation as required by City or Delegation; Prepare and submit to the Mayor a written activity report describing all lobbying activity during the reporting period. During the legislative session, such written reports shall be submitted at least once every two (2) weeks; Monitor proposals and activities in meetings regarding state administrative and agency hearings, as well as in rule challenges in the Division of Administrative hearings. This would include a review of agendas and providing notification to the City as pertinent issues arise and reporting the outcome of such meetings; Prepare and submit to the Mayor electronic reports on the status of legislative bills of interest to the City. Such reports may include, but not necessarily be limited to, personal briefings and information bulletins pertinent to any legislation, rules or regulations, and other state policies or programs that affect the City and its citizens either directly or indirectly; Lobbyist RFQ, Nov. 2012 8

Attend Legislature during all official legislative days, including scheduled, extended, or special legislative sessions and meetings; state administrative and agency hearings, meetings or rule-making proceedings; except for established legislative recesses; Be responsible for appropriate reports and registration with the Commissioner of Political Practices as required by MCA Title 5, Chapter 7, parts 1 through 3 (inclusive); Serve as a source of information and as a legislative liaison, even during off-term periods. F. Responsibilities of Contractor: The Contractor shall perform the scope of services as contained in the Scope of Work section of this RFQ. This list of services shall not be deemed all-inclusive and may be changed from time to time as authorized by the City. All correspondence shall be directed through the Mayor or his designee. Contractor shall provide the City with a current written listing of all its clients. This list must be kept current at all times during the contract term and any extension terms of the contract. The Contractor shall notify the City of any new clients within ten (10) days of such commitment. The written notice may be in a form of letter or email to the Chief Administrative Officer or designee. Contractor is required to notify the City if he/she upon a good faith basis believes there to be a conflict between Contractor s representation of the City and another client or if the Contractor s workload increases to the point which makes serving the City unreasonably difficult. G. Responsibilities of the City: The City shall designate the Chief Administrative Officer as the lead staff person to coordinate with the Contractor; however, other individuals may be designated by the Chief Administrative Officer from time-to-time to communicate with and coordinate the Contractor s work. The City shall have appropriate staff available as may be required to discuss issues with the Contractor, particularly during the legislative session The City shall use its best efforts to cooperate with the Contractor in providing the information and documentation necessary in the performance of the Montana Legislative Consulting Services. H. Compensation: Contractor shall define the billing method: i.e. a flat retainer fee, plus or including expenses, or an hourly fee, plus or including expenses, and a maximum annual fee, inclusive of travel and expenses for all services as outlined in the RFQ. The proposed fee(s) shall detail all costs: i.e. travel and related incidental out-of-pocket expenses, if applicable. Contractor shall not be reimbursed or otherwise paid for internal word processing, data processing, local telephone service, copies, mail, postage or other services that would reasonably be Lobbyist RFQ, Nov. 2012 9

deemed the Contractor s overhead expenses. City shall not be responsible for payment of out-ofpocket costs unless otherwise agreed to by Contractor and City. Hourly fees for proposed, additional team members, expense reimbursement, and related additional costs are to be included. These proposed, additional expenses may be used to form a basis of any subsequent negotiations for additional services, outside the base services contained in the RFQ, if applicable, but will not be part of the original City contract. All compensation, expense, fees, etc. shall be outlined in detail on Attachment C of this RFQ and submitted with proposal via email. I. Proposal Due Date: Proposals must be emailed and received at the City of Missoula by 5:00 PM, Friday, November 23, 2012. One complete electronic copy with all appropriate attachments and electronic signature are to be submitted with the Qualifications package. Email package to: Linda Jordan mayorstaff@ci.missoula.mt.us Mayor s Office Missoula, MT Lobbyist RFQ, Nov. 2012 10

GENERAL INFORMATION Company Name: Address: Contact Name: Contact Phone: Contact Email: Company Website/URL: ATTACHMENT A VALIDATION QUESTIONS FOR CONTRACTOR 1. How many facilities/locations do you have in the U.S.? Please list: 2. How many years has your company been doing business under this name? 3. Number of FTE s employed by your firm? 4. Do you have Small Business Administration Status? If yes, can you provide documentation? 5. Would you provide an audited financial statements if requested? 6. What are your standard payment terms? 7. References. Please provide the City of Missoula with three company references and their contact information 8. Please email a Word or PDF document with all contact information for your references. 9. Can you meet the City of Missoula minimum insurance requirements of $750,000 per claim and $1,500,000 per occurrence, and the City being named as an additional insured? FUNCTIONALITY 1. A certificate of insurance must be provided prior to signing the contract, commencing on the day contract begins. Are you willing to comply with these requirements? 2. You must instruct your insurance broker/carrier to notify the City of Missoula should your coverage change. Are you willing to do this? 3. You must obtain a City of Missoula business license upon execution of a professional services contract. Are you willing to do this? LEGAL ISSUES 1. Are there any current or threatened lawsuits against you or your company? Specify the nature of the suit(s) and potential monetary damages. Lobbyist RFQ, Nov. 2012 11

ATTACHMENT B STANDARD TERMS AND CONDITIONS The successful firm will be required to enter into a contract which will contain the following standard terms and conditions: 1. VALID BUSINESS LICENSE. The Contractor, subcontractors, subgrantees, and other firms doing business with the City of Missoula or any agency connected with the City of Missoula must obtain or have a valid City of Missoula business license and must comply with applicable business regulation ordinances. The City pursuant to this Agreement shall make no payments until a valid City business license has been obtained. Contractor shall continue to retain a valid City business license during the term of this Agreement or the City has the right to withhold payments until the Contractor acquires a valid City business license. 2. NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualification and there shall be no discrimination in employment on the basis race, ancestry, color, physical or mental disability, religion, national origin, sex, age, marital or familial status, creed, exoffender status, physical condition, political belief, public assistance status or sexual orientation, gender identity or expression, except where these criteria are reasonable bona fide occupational qualifications. 3. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). Contractor shall comply with any applicable provisions of the AMERICANS WITH DISABILITIES ACT with respect to the performance of this contract. Contractor shall incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: Contractor will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Contractor. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Contractor. 4. EVIDENCE OF WORKERS COMPENSATION COVERAGE. Contractor hereby certifies that Contractor is covered by a Workers' Compensation insurance program with either the State of Montana, a private insurance carrier, or an approved self-insurance plan in accordance with Montana State law and that the City has no liability for Contractor's worker's compensation insurance or claims or that the Contractor has received a waiver of such coverage from the State of Montana. If the Contractor has not received a waiver from such coverage, the Contractor shall provide evidence of such coverage to the City prior to the City's validation of the agreement. 5. AFFIRMATIVE ACTION. The Contractor, subcontractors, subgrantees, and other firms doing business with the City of Missoula or any agency connected with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan and Title 49, MCA or forfeit the right to continue such business dealings. See the City's Affirmative Action statement below. 6. COMPLIANCE WITH OTHER FEDERAL, STATE, COUNTY, AND MUNICIPAL Lobbyist RFQ, Nov. 2012 12

LAWS. Contractor shall obey all other laws, ordinances, regulations and rules of the Federal, State, County and Municipal governments which may be applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, and Occupational Safety and Health Administration (OSHA). Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold the City harmless from any and all liability arising out of, or in connection with, said violations including any attorney s fees and costs incurred by the City as a result of such violation. 7. OWNERSHIP AND PUBLICATION OF MATERIALS. All records, drawings, reports, information, data, and other materials prepared by the Contractor pursuant to this Contract are the property of the City, which has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. No material produced in whole or in part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 8. REPORTS AND INFORMATION. The Contractor will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or its authorized representative, and will be retained for three years after receipt of final payment for the services rendered under this Contract unless permission to destroy them is granted by the City. 9. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this Contract will be available during normal business hours for inspection by the City or its authorized representative. 10. PLACE OF VENUE. The parties understand and agree that performance of this contract is for the City of Missoula and that in the event of litigation concerning it, venue is the Fourth Judicial District in and for the County of Missoula, State of Montana. This Contract will be construed under and governed by the laws of the State of Montana. 11. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the City including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Contractor's performance of this contract except for liability arising out of sole negligence of the City or its officers, agents or employees. Further, the Contractor will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor's performance of this Contract except for liability arising out of the sole negligence of the City or its officers, agents or employees. 12. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this Contract, the prevailing party is entitled to recover reasonable attorney s fees and other costs and expenses, whether the same are incurred with or without suit. 13. INSURANCE - TERMS AND LIMITS. Without limiting any of the other obligations or Lobbyist RFQ, Nov. 2012 13

liabilities of the Contractor, Contractor shall obtain and maintain all required insurance from companies lawfully authorized to do business in the State of Montana with minimum A.M. Best Rating of A-,VI. 14. CONTRACTOR S LIABILITY NOT LIMITED. By requiring such insurance and insurance limits as listed in this document, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor s liability under the indemnities granted to Owner in the Contract Documents. 15. AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing business with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled "Human Rights" or forfeit the right to continue such business dealings. The City's Affirmative Action Policy Statement is: The Mayor of the City of Missoula is committed to implement affirmative action to provide all persons equal opportunity for employment without regard to race, color, religion, national origin, age, marital status, ancestry, receipt of public assistance, political beliefs, physical or mental handicap, ex-offender status, or sex. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility of actively facilitating equal opportunity for present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all personnel actions are administered on the basis of job necessity. Specific responsibility for development, implementation, monitoring and reporting will be assigned to the City staff under the supervision of the Mayor's Chief Administrative Officer. It is the policy of the City of Missoula to take affirmative action to eliminate discrimination in personnel policies and procedures that have adverse impact on the "affected class" unless sex, ex-offenders status, and/or physical or mental handicap relates to a bona fide occupational qualification. Equal opportunities shall be provided for all City employees during their terms of employment. All applicants for City employment shall be recruited from the available labor market, and employed on the basis of their qualifications and abilities. The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds. Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants. Lobbyist RFQ, Nov. 2012 14

ATTACHMENT C PRICE MATRIX (to be sent with proposal in a separate, sealed envelope) Nature of Service to be Provided: Price Schedule Lobbyist RFQ, Nov. 2012 15

ATTACHMENT D CONDITIONS AND NON-COLLUSION FORM To receive consideration, this form must be signed in full by a responsible, authorized agent, officer, employee or representative of your firm. CONDITIONS AND NON-COLLUSION AGREEMENT We have read and agree to the conditions and stipulations contained herein and to the Standard Terms and Conditions contained on the attached. We further agree to furnish the services specified at the prices stated herein, to be delivered to the location and on that date set forth herein. In signing this proposal, you also certify that you have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the due date and time to any other proposer or competitor; that the above statement is accurate under penalty of perjury. Legal Name of Firm/Corporation Address: Name: Authorized Signature: Telephone Number: Email: Title: City/State/Zip: Date: Lobbyist RFQ, Nov. 2012 16

ATTACHMENT E MASTER Q & A FORM MONTANA LEGISLATIVE LOBBYIST SERVICES RFQ # Date Reference Section 1 Question or Comment City Response 2 3 4 5 Lobbyist RFQ, Nov. 2012

ATTACHMENT F INTENT TO RESPOND FORM RFQ: Montana Legislative Lobbyist Services Dated: Email the following Intent to Respond form to Linda Jordan at ljordan@ci.missoula.mt.us within two (2) days of the RFQ date. From: Contact Name Contact Position Name of Company Address Phone: Fax: Email: Please indicate whether you intend to respond to the RFQ by checking We intend to respond to this RFQ by the specified due date. Yes No Yes No Electronic Signature of Contact Person Date By signing the above, I certify that I am authorized by the Company named above to respond to this request. Lobbyist RFQ, Nov. 2012 18

A. Company Contacts Primary Contact Person (Name): Title/Function: Address Business Hours Phone: Fax: Email Address: Name of Person Responding to Request: Title/Function: Address: Phone: Fax: Email Address: ATTACHMENT G CONTACT INFORMATION B. General Company and Financial Information Company Name: Headquarters Address: City, State, ZIP Headquarters Phone: Headquarters FAX: Company Owned By: Percent % Ownership: Years In Business Name of CIO Name of CEO/President: Lobbyist RFQ, Nov. 2012 19