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CC SR 20230221 D - RPPG PSA Amendment 1 CITY COUNCIL MEETING DATE: 02/21/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to amend an existing professional service agreement with Renne Public Policy Group (RPPG) for state lobbying services. RECOMMENDED COUNCIL ACTION: (1) Approve Amendment No. 1 to the Professional Services Agreement with RPPG to increase the contract sum by $56,000, thereby increasing the not-to-exceed total agreement amount from $56,000 to $112,000 and extending the term by one year for state lobbying services; and (2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. FISCAL IMPACT: The fiscal impact for this fiscal year is $56,000, of which $44,000 was included in the Fiscal Year 2022-23 adopted budget. If the contract extension is approved, the additional $12,000 will be covered by unspent budget from various vacancies for this fiscal year. The full $56,000 amount will be included in the FY 2023-24 budget. Amount Budgeted: $44,000 Additional Appropriation: $12,000 Account Number(s): 101-400-1410-5101 (General Fund – City Manager/Professional/Technical Service) ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHMENTS: A. Amendment No. 1 to the Professional Services Agreement with RPPG (page A- 1) B. March 1, 2022 Agreement for Professional Services (page B-1) C. March 1, 2022, staff report D. October 18, 2022, staff report 1 BACKGROUND AND DISCUSSION: On March 1, 2022, the City entered into a one -year contract, with two optional additional one-year extensions, with RPPG for state lobbying services, with a total contract sum not to exceed $56,000 (see Attachments B and C). On October 18, 2022, the City Council received a status report from RPPG (see Attachment D) summarizing its lobbying efforts on behalf of the City. The one-year contract is nearing expiration. Due to the ongoing services provided by RPPG, including increasing the City’s presence in Sacramento, as well as consulting on the federal appropriations request that awarded the City $2 million toward the Portuguese Bend Landslide Remediation Project, Staff recommends exercising the first one -year extension option; extending the expiration date t o February 29, 2024, while maintaining the annual not-to-exceed amount of $56,000. CONCLUSION: Staff recommends exercising the first of two one -year options available through the contract in order to allow RPPG to continue to provide state lobbying services to the City through February 29, 2024. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not approve Amendment No. 1 and direct Staff to start a new procurement process. 2. Take other action, as deemed appropriate. 2 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES , a general law city & municipal corporation (“City”), and RENNE PUBLIC LAW GROUP, LLP d/b/a RENNE PUBLIC POLICY GROUP (RPPG), a limited liability partnership (“Consultant”) is effective as of March 1, 2023. RECITALS A. City and Consultant entered into that certain Agreement for Professional Services dated March 1, 2022 (“Agreement”) whereby Consultant agreed to provide state lobbying services (the “Services”) for a Term of one year for a Contract Sum of $56,000. The Agreement provided for two additional one-year extensions at the City’s discretion. B. The City and Consultant now desire to: (1) extend the Term of the Agreement by one year and (2) increase the Contract Sum by an additional $56,000 to cover the costs of Services for the next year, for a not-to-exceed total Contract Sum of $112,000. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. (a) Section 2.1, Contract Sum, is hereby amended to read as follows: Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $56,000 (Fifty-Six Thousand Dollars) $112,000 (One Hundred Twelve Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. The Contract Sum includes the following: $56,000 for the initial one-year term and an amount not-to-exceed $56,000 for the second one-year term. (b) Section 3.4, Term, is hereby amended to read as follows: Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one year two years from the date hereof, A-1 except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term by one two additional one-year terms. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation Barbara Ferraro, Mayor ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CONSULTANT: RENNE PUBLIC POLICY GROUP (RPPG) By: Name: Jon Holtzman Title: Founding Partner By: Name: Sharon Gonsalves Title: Director of Government Affairs Address: 1100 11th Street, Suite 231 Sacramento, CA 95814 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; a nd 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OT HER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. A-3 B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16 B-17 B-18 B-19 B-20 B-21 B-22 B-23 B-24 B-25 B-26 B-27 B-28 B-29