DATE: February 20, 2024
TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH RENNE
PUBLIC LAW GROUP (DBA, RENNE PUBLIC POLICY GROUP)
TO CONTINUE TO PROVIDE STATE LEGISLATIVE ADVOCACY
SERVICES AND OPTIONAL GRANT WRITING SERVICES FOR A
TWO-YEAR TERM
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution: 1) authorizing the Mayor to execute a Second Amendment to the agreement with Renee Public Law Group (dba, Renne Public Policy Group), in the amount of $120,000 for an extended two-year term for state legislative advocacy services and optional grant writing services; and 2) authorizing a contingency in the amount of $12,000 with authorization given to the City Manager to execute any contract amendments necessary for grant writing services up to the contingency amount.
EXECUTIVE SUMMARY
Renee Public Policy Group (RPPG) has been proactively tracking legislation on behalf of Foster City since January 2021, keeping the City engaged by providing detailed policy analysis on state legislative proposals. Significant efforts have been made to advance the City’s public policy advocacy positions on certain priority bills.
On December 18, 2023, the City Council by Minute Order No. 1954 unanimously approved the 2024 State Legislative Platform and Policy. The Legislative Platform and Policy will allow the City to have a sustained and engaged presence in the state legislative process. Staff’s recommendation is to maintain the momentum and build
upon the foundation that has been established in the past few years. It is particularly important to provide for an extension to the existing agreement with RPPG to ensure consistency and continuity in the City’s representation on the state level based on the Council-approved Legislative Platform and Policy. RPPG would continue to monitor and provide reports to the City, advocate on the City’s behalf on specific legislation, provide formal legislative updates and as an added optional service, help identify potential grant opportunities that align with the City’s Legislative Platform and Policy, and assist in the grant writing aspect on a per-grant basis.
The proposed Second Amendment would extend the term of the original agreement with RPPG by two years, at a flat fee retainer of $5,000 per month for a total of $60,000 per year (grant services not included). If the City engages RPPG to pursue any grant opportunities, the City will be charged for grant writing services based on the amount of funding requested in the grant proposal (Attachment 3).
BACKGROUND
RPPG is a full-service lobbying and consulting practice firm based in Sacramento that strives to advance the policy interests of public agencies. On January 15, 2021, the City of Foster City entered into a Professional Services Agreement with RPPG for State Legislative Advocacy Services (Attachment 4). This agreement was for an initial one- year term in an amount not-to-exceed $49,999. After a successful first year, the City Council approved a First Amendment to the Professional Services Agreement with RPPG for a two-year term for an additional $156,000 (Attachment 5). In addition to State Legislative Advocacy Services, the Scope of Services in the First Amendment was expanded to include Grant Writing Services in the monthly flat retainer fee of $6,500 per month.
RPPG has been instrumental in assisting the City with strengthening its legislative advocacy efforts as well as assisting with applying for eligible grant funding this past year. As shown in its 2023 End of Year Report (Attachment 6), RPPG has accomplished the following on behalf of Foster City:
•1,490 pieces of legislation tracked and assessed for impacts on City operations, legal, and/or local decision making;
•100% success rate on legislative engagement; achieving the desired outcome or secured critical amendments to dramatically reduce adverse impacts on the City (6 desired outcomes based on RPPG’s engagement of 6 total); •230 combined deliverables and touchpoints provided to and on behalf of the City, which include legislative updates, legislative and budgetary position letters, policy, political analysis, and meetings with City and/or State legislature on behalf of the City;
•$676K in amount of funds that were secured in previously promised Vehicle License Fees (VLF) in the Fiscal Year 2023-2024 Budget that were owed to the City; and
•Worked with Rep. Mullin’s office to submit a Community Project Funding (CPF) request of $2.2M for the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement project and received confirmation that $1.38M of the original funding request is moving forward (link). The funding will be made available if the FY 24 Appropriations bill(s) are passed by both the House and Senate and signed by the President.
ANALYSIS
The objective in pursuing legislative advocacy is to keep the City Council, City staff, and the Community informed of proposed legislation that may have the potential to impact the City. Legislative advocacy is predicated on raising awareness and providing education to all those alike. Legislative tracking is critical given the volume of measures introduced in a legislative year. A legislative advocacy consultant helps assess and advise the City on the current political climate, and assist with navigating the complexities of state legislation. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to state policies that could impact local decision making and/or create new financial, legal, or operational challenges for Foster City.
Legislative advocacy services provided by consultants are typically intended to extend over a longer period. The extension of the agreement with RPPG for another two years would allow for an effective and sustained engagement in the state legislative process.
This longevity is valuable as the legislative advocacy consultant becomes intimately familiar with the City's needs and priorities in order to effectively represent the City’s interests.
Throughout 2023, RPPG played a significant role in engaging with the City and staff on important legislation. RPPG assisted staff with the development of the City’s Legislative Platform and Policy, which is an important component of the City’s overall legislative advocacy program. A legislative platform is a set of guiding principles that reflect overarching ideals and priorities of the Council. Using the approved Legislative Platform as a guide, the Legislative Policy outlines the formal process for responding to legislative proposals in a streamlined manner. The collaborative effort between RPPG and City staff culminated in the adoption of the 2024 Legislative Platform and Policy at the December 18, 2023 City Council Meeting. The platform enables City staff, in collaboration with RPPG, to effectively respond to proposed legislation that potentially affects Foster City, while aligning with the principles of the City Council-adopted legislative platform.
As further detailed in the proposal from RPPG (Attachment 3), the scope of work and implementation for legislative advocacy services includes, but is not limited to:
•Legislative Review, Tracking, and Advocacy
•Notification regarding Potential Funding Opportunities and Competitive Grant Programs
•Frequent, Consistent Communication
•Relationship Building
•Targeted Engagement with Statewide Local Government Association and Local Agency Partners
•Continuing Work on Foster City’s State Legislative Platform and Policy In addition to the legislative advocacy services, what differs in the proposal for the Second Amendment is the inclusion of grant writing services as an optional add on, specifically on a per-grant basis as shown on the Proposed Per-Grant Fee Schedule (Attachment 3). This contrasts with the first amendment in that the first amendment to the agreement incorporated grant writing services as part of the overall cost and factored into the monthly retainer for a total monthly flat fee retainer of $6,500. City staff is recommending that grant writing services be removed from the monthly flat fee retainer. Instead, this will be an optional add on service available to the City. The City would be charged on a per-grant basis to provide greater flexibility in the number of grants/the amount of funding being pursued in addition to providing some cost-savings.
RPPG will continue to keep the City informed of upcoming grant opportunities, especially those that are in areas of special interest to the City. If the City is interested in pursuing a grant, RPPG will be able to provide grant writing and project management services on a per-grant basis, from start to finish of the grant proposal. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
As part of their proposal, RPPG provided a pricing model for consideration. The pricing model includes a flat fee retainer for legislative advocacy services with a per-grant fee schedule. City staff is recommending that the Second Amendment be structured under a flat fee for State legislative Advocacy Services with the optional add on of Grant Writing Services on a per-grant basis to provide greater flexibility in the number of grants/the amount being pursued in addition to providing some cost-savings.
If approved, RPPG will continue to provide State Legislative Advocacy services for a flat fee retainer of $5,000 per month for a total of $60,000 per year, otherwise $120,000 over a two-year period. In addition, staff is requesting that the Council authorize a 10% contingency in the amount of $12,000 with authorization given to the City Manager to execute any contract amendments up to the contingency amount for grant writing services on a per-grant basis per the Proposed Per-Grant Fee Schedule. The Second Amendment will extend the term of the agreement by two years beginning March 1, 2024 through February 28, 2026.
Funding is available and recommended to be utilized from the Community Benefits Program Fund, Contract, Professional, and Specialized Services Account No. 005- 0110-413-4251.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Second Amendment to the Agreement with RPPG Attachment 3 – RPPG Proposal
Attachment 4 – RPPG Agreement (dated January 15, 2021)
Attachment 5 – RPPG First Amendment to the Agreement (dated March 1, 2022) Attachment 6 – 2023 RPPG End of Year Report