HomeMy WebLinkAboutStaff Report 334-09TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER
DATE: JULY 27, 2009 CMR: 334:09
REPORT TYPE: CONSENT
SUBJECT: Approval of Amendment No. 4 to Contract S05108852 with The
Ferguson Group, LLC to Extend the Term for an Additional Two Month Period
and Add $13,625 for a Total Not to Exceed Amount of $397,014 for FY 2005 -FY
2009 Federal Legislative and Regulatory Representation
RECOMMENDATION
Staff recommends that the Council approve and authorize the City Manager or his
designee to execute the attached Amendment No. 4 to Contract S05108852 with The
Ferguson Group, LLC for federal legislative and regulatory representation to continue
services for an additional 2 month period through August 2009 and add $13,625 to cover
costs for that period.
DISCUSSION
The City Manager's Office has utilized The Ferguson Group to represent the City of Palo
Alto through the federal legislative process. The Ferguson Group advocates issues within
Federal legislative forums and directly with Federal elected officials to support City
Council priorities. The current contract has been in place since July 2004. In December
2008, the Council approved an amendment to the existing contract to cover services for
FY2008 and to continue the services through the end ofFY2009.
The City issued a Request for Proposals in late spring in order to award a new contract
for federal legislative representation for FY20 1 O. Due to staff transitions related to
management of the City'S legislative program, the selection of the City's federal
legislative firm for FY2010 was not completed by the expiration of the current Ferguson
Group contract on June 30, 2009. Two rounds of interviews have been held with firms
that submitted proposals. Staff are in the final selection phase of the process and
anticipate completing the selection by the beginning of August. Extending the Ferguson
Group contract through the end of August allows for continuity of federal representation
and also provides for transition support should the firm not be selected for the FY20 1 0
contract.
CMR:334:09 Page 1 of2
In order to provide continuity of federal legislative services until completion of the
selection process for FY20 1 0 agreement, staff is asking for Council approval of a
contract amendment with the Ferguson Group to continue services through August 31,
2009. This continuity is important at this time due to the current timing of the federal
legislative schedule. The City has submitted several federal appropriations requests for
FY2010 and Congress is currently considering legislation that might provide funding for
a couple of these requests. The Ferguson Group is tracking these requests and ensuring
the City's interests are represented in the process. The Ferguson Group is also assisting
the City with the project submittal process for funding projects under new transportation
reauthorization legislation. Due to the dynamic nature of Washington, DC, it is important
for the City to maintain federal representation during this transition period.
RESOURCE IMPACT
The Ferguson Group has agreed to extend the contract for two months at a fixed fee of
$6,562.50 per month plus reimbursable expenses not to exceed $500 for the two month
period. This is consistent with the monthly fee in the current FY2009 agreement. The
City Manager's Office budgeted for federal legislative services in FY20 1 O. This budget
will accommodate the expenses associated with Amendment No.4 to the Ferguson
Group agreement as the firm for FY201 0 has not been selected yet.
POLICY IMPLICATIONS
The proposed amendment is consistent with prior Council direction.
ENVIRONMENTAL REVIEW
Approval of the amendment to agreement does not constitute a project under the
California Environmental Quality Act (CEQA); therefore, no environmental assessment
is required.
ATTACHMENTS
Attachment A: Amendment No.4 to Agreement No. S05108852 with The Ferguson
Group, LLC
PREPARED BY:
CITY MANAGER APPROVAL:
CMR:334:09
h-
Kelly Morariu
Assistant to the City Manager
'p~
James Keene
City Manager
Page 2 of2
~mNDMENT NO. 4 TO AGREEMENT NO. S05108852
BETWEEN THE CITY OF PALO ALTO, a CALIFORNIP.~ CHARTER CITY, AND
THE FERGOSON GROUP, LLC.
This Amendment No. 4 to Ag.reement No. S05108852
("Agreement/l) is entered into July 28th, 2009, by and between the
CITY OF PALO ALTO ("CITY"), and THE FERGUSON GROUP, LLC., located
at 1130 Connecticut Avenue, N.W. Suite 300, Washington D.C. 20036,
(PH) 202-331-8500 (nCONTRACTOR").
Eel TAL s:
WHEREAS, the Agreement was entered into between the
parties for the provision of Federal Legislative and Regulatory
Representation; and
WHEREAS, the parties wish to amend the Agreement;
NOV.], THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION 1. The section entitled "TERMS" is hereby
amended to read as follows:
"TERMS. The services and/or materials furnished under
this Agreement shall commence on July 1, 2004 and shall
be completed August 31, 2009./1
SECTION 2. The section entitled "COt-'IPENSATION" is hereby
amended, to read as follows:
090723 9000050
COMPENSATION for the full performance of this Agreement~
CITY shall pay "CONTRACTOR": Six thousand ii ve hundred
1
Amcnd.agl
ReI'. July 31, 1998
sixty two dollars and fty cents ($6,562.50) month
for the period of July, 2007 through l'1arch, 2009; Ohe
thousand six hundred s y six dollars and ninety cents
($l,666.90}per month for the period April, 2009 through
June, 2009; and Six thousand five hundred two
dollars and fifty cents ($6,562.50) per month for the
period of July, 2009 through August, 2009. In on
the CONTRACTOR shall be paid $512.52 f.or reimbu.rsable
expenses for fiscal year 2007/2008, a not to exceed
amount of $2,000 in reimbursabl'e expenses for year
2008/2009 ( and a not to exceed amount of $500.00 in
reimbursable expenses July, 2009 thtough J\ugust,
2009.
Except as herein modified, all other provisions of the
Agreement, including any exhibits and subsequent amendments
thereto, shall remain in full force and effect.
IN WITNESS WHEREOF 1 the ies have by their duly
authorized sentatives exec:uted this Arnendmenton the
first above written.
090723 9000()50
2
Amend.agt
Rey. July ]1,1998
CITY OF PAr,O ALTO
APPROVED AS TO FORM:
orney
APPROVED:
Manager
3
090723 9000050
Name: ---"-"'-'-I-
Title:~b'~ __ ~Q~, ________ __
By: W !L~(~~
Name:~ j ~U2ef?-· 6,~VfrAJ N
Title: irt~(dC11L~f_'_
(Compliance with Corp. Code ) 313 is
required if the entity on Ivhose behalf
this contract is signed a corporation.
In the alternative, a certified corporat.e
resolution attesting to the signatory
authori ty of i:he indi vidltals signing in
their respective is acceptable)
Amclld.agt
Rev. July 31,1998