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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICE AGREEMENT
CAPITAL EDGE ADVOCACY, INC.
This Amendment No. 1 to the Agreement for Advocacy Services is made and entered into as of December 18, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Capital Edge Advocacy, Inc. a corporation with its principal place of business at 1212 New York Ave., NW Suite 250, Washington, DC 20005 (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated December 6, 2023, for the purpose of providing Federal Advocacy Services (the “Master Agreement”)
B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated December 18, 2024, for the purpose of amending the Scope of Work, Compensation, and Term of the Master Agreement.
C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of twelve (12) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an additional term of twelve (12) months through December 18, 2025, unless earlier terminated.
a) Extension Options. The term of this Agreement may be administratively extended by the City Manager, or his designee, for maximum of one (1) additional one-year term.
3. Services. The services provided to the City is amended and detailed in Exhibit “A-3”. Exhibit “A-3” is attached hereto and is added to the Master Agreement. 6 0
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4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed NINETY THOUSAND DOLLARS ($90,000), thereby the total not to exceed compensation of the Master Agreement to the amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000). Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-3” attached hereto and added to the Master Agreement.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT
WITH CAPITAL EDGE ADVOCACY, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CAPITAL EDGE ADVOCACY, INC.
Signature
Name
Title
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EXHIBIT A-3
SCOPE OF SERVICES
December 18, 2024 – December 18, 2025
1. Capital Edge Advocacy Inc. would assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs.
2. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply.
3. Capital Edge Advocacy Inc. would also provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs.
4. Capital Edge Advocacy Inc. would provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity.
5. Capital Edge Advocacy Inc. would assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation.
6. This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office.
7. Capital Edge Advocacy Inc. would provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee.
8. Capital Edge Advocacy Inc. would advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues. 6 0
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9. Capital Edge Advocacy Inc. would also send the City of San Bernardino the Washington Report, which we send by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments.