SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WlTH RPPG
THIS SECOND AMENDMENT TO THE AGREEMENT ("Second Amendment") is entered into as of this March 1, 2024, by and between the City of Foster City, a public body corporate and politic, hereinafter called "City" and Renne Public Law Group (dba Renee Public Policy Group (RPPG)) hereinafter called "Consultant." City and Consultant shall be referred to individually as "City" or "Consultant" or "Party" or collectively referred to as "Parties."
RECITALS
WHEREAS, on January 15, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") whereby Consultant was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement; and
WHEREAS, the term of the Agreement was for twelve months; and WHEREAS, City and Consultant subsequently entered into a First Amendment to the Agreement on March 1, 2022 for a two-year period whereby Consultant was to provide State Legislative Advocacy Services and Grant Writing Services at a monthly flat rate of $6,500 for a not to exceed amount of $205,999, pursuant to the terms of the Agreement; and WHEREAS, the Parties desire to extend the term of the Agreement by an additional 24 months; increase the compensation by an additional $120,000 and a contingency in the amount of $12,000 and amend the Scope of Services to include grant writing services on a per-grant basis.
TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows:
1. Amendment.
(a) Section C(l), Services. Exhibit A, "Scope of Work for State Legislative Advocacy Services" to the Agreement shall be deleted and replaced with the Exhibit A, "Scope of Work", attached hereto and hereinafter incorporated by reference. (b) Section C(2), Term; Termination. The first paragraph shall be deleted and replaced to read as follows:
"The term of this Agreement will be for a period of 60 months from January 15, 2021 (the Effective Date)."
(c) Section C(3) Compensation; Expenses; Payment. Section C(3) shall be deleted and replaced to read as follows:
"CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT's monthly flat fee retainer during the time of the performance of said services. A copy of CONSULTANT's monthly rate for which services hereunder shall be performed are set forth in CONSULTANT's fee schedule marked Exhibit "B" hereof, attached hereto and by this reference incorporated herein. Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Three Hundred Thirty-Seven Thousand Nine Hundred Ninety-Nine Dollars ($337,999). Invoices for amounts in excess of $5,000 per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City Manager.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and or cost/expense items billed."
Exhibit B shall be deleted and replaced with Exhibit B, "Consultant's Fee Schedule" attached hereto and hereinafter incorporated by reference.
2. Except as modified by this Second Amendment, the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by themselves or their duly authorized representatives as of the date first above written.
CITY OF FOSTER CITY
By: _
Patrick Sullivan, Mayor
By: _
Jonathan V. Holtzman, Managing Partner,
RPPG
ATTEST:
By: _
Priscilla Schaus, City Clerk
APPROVED AS TO FORM:
By: _
Benjamin L. Stock, City Attorney
EXHIBIT A
SCOPE OF WORK
The scope of work for legislative advocacy services includes:
• Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state budget issues impacting the organization.
We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders.
• Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client's overall success.
RPPG will work with the City to help develop the organization's annual and multi-year legislative strategic plan.
• Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs: The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provides a tangible return on investment from working with a Sacramento legislative advocacy firm.
• Representation: Represent the City at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento.
RPPG representatives already attend all League legislative briefings and work closely with League lobbyists and staff.
• Frequent, Consistent Communication: At RPPG, we strive to ensure that our clients are fully informed. Our team will provide regular written and verbal communications and updates to your Council and staff to ensure that the City is always up to date on our advocacy efforts, individual tasks, and timeline for meeting milestones. Regular communication between the Agency and RPPG team will also ensure that we are being responsive to the direction of your Council and staff throughout the entire State Budget and legislative processes. This will include monthly written policy status and activity reports, along with more in-depth reports and recaps during each major milestone throughout the legislative year (e.g., every budget milestone, bill introduction deadline, house of origin deadline, summer recess, and end of session). In addition, we will supplement these reports with a monthly check-in via Zoom with City staff, or more frequently at your request during the legislative session, and with an updated legislative matrix. During these meetings, we will review legislation and brief you on the latest issues and developments.
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• Relationship Building: RPPG will build off the City's strong reputation and will continue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approach ensures that we have laid the groundwork for your bill proposals and positions year over year.
• Education Tour: Using the City's legislative priorities, RPPG is prepared to conduct an education tour upon request to drive awareness on the issues that matter to you most.
This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2024-2025 legislative session and beyond. • Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven working relationship with the League of California Cities, California State Association of Counties, California Special District's Association, the California Fire and Police Chiefs' associations, and other statewide local government advocacy organizations will ensure that RPPG can communicate the City's policy positions-and when appropriate, work in a blended strategy to achieve success. • Continuing Work on Foster City's State Legislative Platform: Now that Council has adopted its formal legislative platform, it is important that we periodically assess and update it as new policies emerge and council priorities shift. RPPG will work with City staff and council to solicit feedback—ensuring that the platform continues to evolve as a living document.
The scope of work for grant writing services includes:
• Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.
The grant writer will convene a "kickoff' meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for the development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
• Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of Foster City will receive a monthly "Funding Opportunities Catalog'' documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations.
Targeted research is available on an "on-call" basis.
• Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud-based document sharing services to enable real-time feedback from clients throughout the proposal development process.
• Quality Control: Prior to submitting a grant application, RPPG's grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.
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EXHIBIT B
CONSULTANT'S FEE SCHEDULE
Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $5,000 per month for a total of $60,000 per year shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a total of $337,999.