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HomeMy WebLinkAboutRESPONSE - RFP - 8406 LOBBYINGNovember 6, 2016 Ginny Sawyer Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 Dear Ms. Sawyer: Thank you for the opportunity to provide legislative lobbying services on behalf of the City of Fort Collins. In this proposal, we have outlined background information on Bowditch & Cassell Public Affairs, the types of services we provide, a list of our clients and references, and our approach and philosophy in providing professional and comprehensive legislative lobbying services. We look forward to discussing this proposal, and explaining why we would be the best lobbying firm to provide legislative lobbying services for the City of Fort Collins. Sincerely, Ed Bowditch and Jennifer M. Cassell Bowditch & Cassell Public Affairs 2 Index I. Qualifications and Experience as Lobbyists Page 3 II. Qualifications and Experience of Key Staff Page 3 III. Current Clients Page 5 IV. Current Climate in Colorado Page 6 V. Client Services Page 7 VI. Client Success Page 9 VII. References Page 10 VIII. Price Proposal Page 10 ------------------------------------------------------------------------------------------------------------------------------------------ 3 I. Qualifications and Experience as Lobbyists Bowditch & Cassell Public Affairs brings extensive experience in Colorado state legislative affairs. We are full-time lobbyists at the Capitol all day, every day that the legislature is in regular or special session. We pride ourselves on our integrity, accountability, and professionalism in representing our clients. Because our presence at the Capitol is constant, we have extensive knowledge of the legislative process and have developed long-lasting relationships with legislators. We enjoy an excellent reputation at the Capitol with legislators, fellow lobbyists, the executive branch, and legislative staff because of our honesty, integrity, strong work ethic, and professionalism. General Assembly Relationships Relationships are paramount to Bowditch & Cassell Public Affairs - we have developed long-lasting relationships with legislators from both chambers and in both parties. During the interim, we are in contact with legislators to learn about issues of interest and potential bills for future sessions. We also work hard at maintaining relationships with the staff of Legislative Council, Joint Budget Committee staff, the Governor’s Office, and the various departments of state government to assist clients with every aspect of the legislative process. Style and Approach Integrity is the cornerstone of our firm, and representing our clients and interacting with elected officials and staff in a professional and ethical manner is the way we feel most effectively serves our clients. We take a collaborative approach and work closely with various local governments, business organizations, and trade associations to achieve the desired goals of our clients. II. Qualifications and Experience of Key Staff On behalf of Bowditch & Cassell Public Affairs, Ed and Jennifer will be the lead lobbyists for Fort Collins. We do not assign our lobbying clients to junior associates – if selected, Ed and Jennifer will be representing the City. Ed and Jennifer have immense experience in local government issues, and we have represented many clients with interests in such. Working on behalf of our local government clients, we have been heavily involved in policy discussions and writing legislation for urban renewal and tax increment finance, sales tax credits and deductions, police reform, municipal water rights, local control, affordable housing, and construction defects. • Ed Bowditch, Partner (303) 489-8680, edbowditch@aol.com • Jennifer M. Cassell, Partner (785) 393-0472, jennifer.cassell@gmail.com 4 Ed Bowditch: Ed’s background includes 3 years on staff at Legislative Council, 7 years as senior staff to the Joint Budget Committee (JBC), and 1 year as Deputy Director of the Governor’s Office of State Planning and Budgeting (OSPB). Ed also served as Vice Chancellor for the Colorado State University System for seven years, and was responsible for working with the System lobbyists on all legislative affairs. Ed also served as Secretary to the CSU Board, and, by holding that position, has direct understanding of the State’s open meetings and open records laws. With this background, Ed possesses an unparalleled familiarity with the state legislative and budget processes. Since leaving the CSU System in 2007, Ed has been a lobbyist at the Capitol, representing local governments, education, and human services clients. Ed has a Master’s Degree from Harvard University in Public Policy and an undergraduate degree from Colorado College. Jennifer Cassell: Jennifer has been a lobbyist since 2011, first with the Governor’s Office of Economic Development, and later partnering with Danny Tomlinson and Ed Bowditch. In her role as the legislative Liaison with OEDIT, she advocated on behalf of OEDIT’s legislative and policy goals to create economic development tools and to protect the business friendly environment in Colorado. Before joining OEDIT, Jennifer was the Assistant Legislative Liaison for Governor John W. Hickenlooper where she worked with the internal legislative and policy teams to coordinate the executive branch’s legislative agenda. Prior to joining the Hickenlooper administration, Jennifer worked as a legislative aide and campaign manager in Colorado and Kansas. Jennifer holds Bachelor of Arts degrees in Political Science and International Studies from the University of Kansas, and a Master of Arts degree in International Studies from the Josef Korbel School of International Studies at the University of Denver. Experience with Municipal Issues Transportation • FASTER – every year we see bills introduced that would alter or repeal FASTER legislation (the fee package enacted in 2009 to provide more revenues to transportation), and 2016 was no different. Oh behalf of the Denver Regional Council of Governments (DRCOG), we were able to successfully defeat SB 16-011, which would have eliminated transfers of millions of dollars to transit projects from FASTER fees, in House Transportation Committee, • Shoulder Access for Buses – HB 16-1008 allowed shoulder access for buses on roads in certain conditions. This was a bill supported by Westminster to help the flow of traffic on US 36, and other roads. We worked with CDOT, other municipal lobbyists, and the Colorado State Patrol to successfully lobby the bill. TIF/Urban Development • Urban Development - We have worked alongside CML to engage in recent attempts to alter TIF legislation, putting current urban renewal development projects at risk. We worked to oppose HB 14-1375 and HB 15-1348, and also worked to support SB 15-135. We also successfully lobbied HB 16-177, which was a technical cleanup bill needed to protect the interests of current and future urban renewal projects. 5 Water • Storm water detention – in 2015, a bill was introduced to protect storm water detention facilities by stating these facilities do not injure water rights and do not require water augmentation plans. The process for obtaining such a plan would be very time consuming and significantly increase the cost associated with the management of stormwater facilities. We alerted the Westminster delegation of the importance of the legislation to the City, and tracked the bill through the legislative process to ensure it wasn’t altered in a negative way. Police Reform • Since 2014, we have seen police reform bills introduced as a result of events occurring at the national level. We worked with sponsors of these bills to ensure that no unnecessary or unfunded mandates were included in legislation. In 2016, we were successful with the passage of HB 16-1262 to require all peace officers to submit a waiver to allow background employment checks. Affordable Housing • We have tracked many pieces of legislation to promote affordable housing projects. In 2016, on behalf of Colorado Housing and Finance Authority, we helped to pass the State Low-Income Housing Tax Credit, and the First-time Home Buyer Savings Account Tax Deduction. III. Current Clients • Denver Regional Council of Governments (DRCOG) Rich Mauro, (303) 835-7074 • City of Westminster Barbara Opie, (303) 717-6542 • Colorado Housing and Finance Authority Jerilynn Martinez, (303) 895-9124 • Colorado Assessors’ Association Karen Miller, (303) 437-5449 • Economic Development Council of Colorado Kelly Flenniken, (970) 778-1118 • East Central BOCES and the BOCES Assn. Dale McCall, (970) 381-0720 • Fort Lewis College Steve Schwartz, (970) 247-7195 • Jefferson County School District Helen Neal, 303-982-6801 • Colorado Area Vocational Schools Jeff Barratt, (720) 423-4711 • Professional Independent Insurance Agents of Colorado (PIIAC) Bryan Bernier, (303) 512-0627 • Colorado Self-Insurers Association Bill Rush, (303) 538-7306 • Liberty Mutual Insurance Group Lee Ann Alexander, (512) 694-6947 • Colorado Department of Agriculture Jenifer Gurr, (303) 888-5637 • Rocky Mountain Farmers Union Bill Midcap, (970) 768-0182 • The Colorado Egg Producers Jerry Wilkens, (970) 785-2889 • Colorado Golf Alliance (CGA, Colorado PGA, RMGCSA, CMAA, and CWGA) Gary Leeper, (303) 255-9611 6 • Developmental Pathways and The Resource Exchange Melanie Worley, (303) 858-2219 David Ervin, (719) 785-6426 • March of Dimes Lyn Eliot, (720) 646-2045 We are especially proud of the long-term relationships we enjoy with our clients and view them as valuable business partners - we have represented some of the above clients for over 20 years. We foresee no potential conflicts with existing clients. Should a conflict arise, we would advise the clients involved and resolve the conflict in a prompt and professional manner. IV. Current Climate in Colorado In every legislative session, around 600-700 bills are introduced – and many of these will have an impact on local governments. The introduction of bills depends on the political and legislative climate in the state. However, local governments can expect certain issues to emerge regardless of political implications. We review every bill that is introduced and will alert Fort Collins of any bill that has a negative or positive impact. a. Political and Legislative. Colorado continues to be a “purple state” – evenly split between Republicans, Democrats, and unaffiliated voters. Our state legislature is reflective of that split – the Republicans control the Senate 18-17 and the Democrats control the House 34-31. Split chambers could continue in 2017, but whatever the result of the election, it will be close – and every vote will count in each chamber. b. Issues of Interest for Local Governments. We have worked in the local government arena for a number of years, and are often involved in conversations regarding a myriad of issues facing local governments. Because of this knowledge, we can expect to see the following issues arise in the next few legislative sessions: 1. Transportation Funding. Legislators are already conducting discussions over possible transportation funding mechanisms to be considered in 2017. Regardless of whether we will see partisan or bipartisan solutions to transportation, this will be a top issue for the 2017 legislative session. Potential solutions include additional fees, use of General Fund for transportation, bonding, or referring a ballot measure to the voters for a tax increase. Also, there is some concern by state transportation advocates that local governments will grow frustrated at the inaction at the state level, and then “go their own way” and create local or regional solutions. It is important for local governments to be represented in these preliminary discussions, and make sure that any funding solutions include revenues allocated through the Highway Users Tax Fund (with subsequent allocations to cities and counties) rather than just the State Highway Fund. 2. Local Control. Maintaining local control and authority continues to be important topic for local governments and municipalities. 7 3. Tax Increment Financing/Urban Renewal. Urban Renewal continues to be a topic of discussion down at the Capitol as it is a popular tool used by many municipalities to attract development. We can expect the same legislative changes to Downtown Development Authorities that we saw to Urban Renewal Authorities in 2015, and perhaps additional modifications to current TIF/URA law in 2017. 4. Economic Development. Job creation and economic development continue to be important issues at the Capitol, and we have seen bills introduced to create business incentives, job creation zones, and tax free zones. The Governor’s Economic Development office and legislators are already considering possible tax credits or tax policy modifications for 2017. 5. Sales Tax. In the last two legislative sessions, we have seen attempts to streamline sales tax and sales tax collection, including consideration of a unified sales tax definition. This could very well be an issue in future sessions. 6. Police Reform. National attention to this issue has brought legislative change to Colorado over the past few sessions. We have watched this issue for restrictions or mandates on local governments. 7. Public Entity Issues. These issues include changes to open records requests, open meetings law, public notice requirements, confidentiality of property records, and public building security. There were multiple bills in 2016 on open meetings and open records, and these bills were killed. They will likely be reintroduced in 2017. 8. Marijuana. Marijuana continues to pose challenges and opportunities to local governments, and legislation is expected in 2017. 9. Water. Protecting municipal water rights is an important issue for the state, but also essential to our cities for sustainability and development. V. Client Services Below is an outline of services we will provide based on our understanding of the legislative needs of Fort Collins. We are open to serving the City as legislative consultants in anyway determined by the City. Legislative Lobbying • Lobbying. We will work with Fort Collins to draft bills and amendments, write statements of support or opposition, coordinate testimony, identify vote counts, develop coalitions, and lobby to successfully pass, amend, or defeat bills. We will also work to assist in the development of any fiscal impact statement that is provided by Legislative Council, as well as coordinate any necessary amendments through work with the Office of Legislative Legal Services. • Legislative Tracking. We will review and monitor all legislation introduced during the legislative session to ensure no legislation moves forward that would negatively impact Fort Collins, or to ensure legislation moves forward that would positively impact Fort Collins. Once bills are introduced that have any impact on Fort Collins, we will report to Fort Collins as soon as possible in order to develop the appropriate response and position, including developing any potential amendments. We then track bills of interest through the entire legislative process to be alerted of any changes to the bills. 8 • Interim Committee Tracking. Committees that meet during the interim could discuss and develop legislation that has an impact on Fort Collins. Specifically, we will watch the Water Resources Review Committee, the Transportation Legislative Review Committee, and any Police Reform committees to see if legislation or issues of importance manifest. We will also watch for legislation during the session that proposes studies and committee reviews during the interim. • Coalition and Stakeholder Building. Other entities at the Capitol can help Fort Collins in pursuing its priorities, and we will work to build, and to actively participate in, a coalition of other interested parties for additional support. We work most closely with CML and attend their bi-weekly muni caucus lunches. We will work with other stakeholders on behalf of the interests of Fort Collins, particularly the Department of Local Affairs, the Metro Mayors Caucus, and Colorado Counties Inc. • Budget Tracking. We track the Joint Budget Committee (JBC) action closely throughout the year. This includes attending regular meetings of the JBC, tracking the state budget process, and watching the JBC sponsored legislation throughout the process. Ed served on JBC staff for 7 years, and served one year as Deputy Director of the governor’s Office of State Planning and Budgeting, and is intimately familiar with the state’s budgeting process. • Constitutional Reform. Colorado’s budget flexibility is constrained by several conflicting constitutional provisions. We will track and lobby (as directed) any referenda and initiatives directed at modifying the state’s constitutional issues. • Assistance with State Government. Both Ed and Jennifer are former members of the Executive Branch, and we will use that knowledge to assist Fort Collins. We regularly work with staff of state departments, as well as the Governor’s Office and legislative staff. Communications and Outreach to Legislators • Legislator Contacts. We will communicate our legislative priorities and positions on various bills to legislators as needed. Also, we will coordinate and participate in one-on-one and group meetings with legislators to discuss our issues and priorities. These meetings will be key to build and develop Fort Collins’s relationships with legislators. • Position Papers and Fact Sheets. Fact sheets are an efficient way to communicate our position on bills with legislators. We will work with Fort Collins to put together concise and engaging position papers on single bills that are of critical importance to Fort Collins. In addition, we will compose one general fact sheet that lists all the bills we support and/or oppose during the legislative session. These papers will be distributed to legislators in a timely manner throughout the session. • Testimony for Legislative Hearings. Testifying in front of a legislative hearing is an impactful way to educate and provide guidance to legislators. We will alert Fort Collins when bills of interest are 9 scheduled for a committee hearing, and then arrange for representatives of Fort Collins to testify. In the event that a Fort Collins representative is unable to testify, we will testify on behalf of Fort Collins if specifically directed. Communications and Engagement with Fort Collins • Weekly Reports. We will send weekly reports to Fort Collins that include outstanding legislative issues and updates on legislation at the Capitol. These reports will be a concise, yet detailed overview of legislative activities so Fort Collins staff are well informed. During the legislative session, we utilize an online reporting database that is updated in real-time, and shows the status of each bill of interest in the legislative process. This database is the go-to tool for Fort Collins to find a variety of information on bills such as our positions, fiscal impacts, media stories, sponsors, and hearing dates. • Fort Collins City Council Meetings. We will attend Fort Collins City Council meetings (when requested) to keep councilmembers and staff informed of important legislation and issues that could turn into legislation. We will also educate ourselves on issues important to the City. These meetings will also allow us to develop strong relationships with councilmembers and staff. • Fort Collins Legislative Events. We will attend any legislative event hosted by Fort Collins to engage the legislative delegation and alert them of pending issues and priorities of the City. We also will work to schedule and attend one-on-one breakfast or lunch meetings with the delegation to build the City’s relationships with the legislators. • Reports During the Interim. When the legislature is not in session, we will provide periodic reports to update Fort Collins on emerging issues of interest. This can include reports on quarterly state revenue estimates, meetings of the legislative Joint Budget Committee and Office of State Planning and Budgeting, or any legislative interim committees. Furthermore, we prepare a more general narrative “preview” and “summary” of the legislative session to our clients that provides a “30,000 foot” view of what is expected to occur in, and what did occur in, the legislative session. VI. Client Successes We provide these examples to show the wide breath and depth of our knowledge and expertise with the legislative process. 1. Ed has represented Fort Lewis College since 2007; every year the Fort Lewis College Native American tuition waiver requires increased funding from the state – the average annual increase is approximately $1.0 million General Fund. This must be approved by the Department of Higher Education, the Governor’s Budget Office (OSPB), the Joint Budget Committee, and the full General Assembly. The full increase has been approved every year. Success each year has resulted from constant communications with all the various entities, frequent meetings and visits from Ed, and Ed calling on the President and other senior staff from Fort Lewis to come to Denver as needed. 10 2. During the 2016 legislative session, the condo storage bill (HB 16-1132) was introduced resulting in a substantial policy and workload impact to the Assessors’ Association. After an unsuccessful, good- faith negotiation with the proponents of the measure, we lead an effort to oppose the bill. Our arguments carried weight with the Speaker’s Office, and after lobbying all the committee members and engaging our sister county organizations, the bill was postponed indefinitely (killed) before it got out of the House. 3. In 2015, the Colorado Housing and Finance Authority wanted to re-appropriate state funds to the Colorado Credit Reserve Program to allow access to capital for real estate purchases, lines of credit, and equipment purchases. Because of Jennifer’s background working for the Governor’s Economic Development Office, she gained support from OEDIT, various statewide organizations, and key legislators for the program. The bipartisan JBC did appropriate funding to ensure the program continues to support businesses around the state for the next 5 to 6 years. 4. On behalf of the Colorado BOCES Association, Jennifer and Ed had success with two key bills in 2016: a. HB 16-1222, sponsored by Representatives Rankin and Tyler, and Senators Todd and Hill, expanded the state’s blended learning program to provide more opportunities for individuals in rural schools. This bill passed with bipartisan sponsorship in both houses, and passed with an appropriation. b. SB 16-104, sponsored by Senators Todd and Sonnenberg, and Representative Jon Becker, provides a variety of strategies to increase the number of rural teachers. This bill passed with bipartisan support and contained an appropriation VII. References We invite you to call any of the references listed below – we are confident that they will speak of our integrity, our knowledge of the legislative process, and our commitment to our clients. • Representative Jeni Arndt (D), (970) 231-5090 • Representative Joann Ginal, (D), (970) 215-3063 • Representative Lois Landgraf (R), (303) 866-2946 • Senator Nancy Todd (D), (303) 866-2919 • Rich Mauro, Denver Regional Council of Governments, (303) 385-7074 • Karen Miller, Colorado Assessors’ Association, (303) 437-5449 We also invite you to contact any of our clients listed earlier in this proposal. VIII. Price Proposal We propose an annual fee of $40,000. The proposed fee is all-inclusive – we do not bill for day-to-day expenses. Any extraordinary out-of pocket expenses, such as travel beyond a 100-mile radius of Denver would require prior approval and reimbursement by the client. The fee quoted above represents both our understanding of the work involved and the types of services we can provide.