HomeMy WebLinkAboutStaff Report 451-08City of Palo Alto
City Manager’s Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: DECEMBER 8, 2008
REPORT TYPE: CONSENT
DEPARTMENT: CITY MANAGER
CMR: 451:08
SUBJECT:Approval of Amendment No. 3 for $80,750 to Agreement No.
S05108852 with The Ferguson Group, LLC for a Total Amount of
$383,389 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. 3 to Agreement No. S05108852 with
The Ferguson Group, LLC for federal legislative and regulatory representation.
DISCUSSION
The City Manager’s Office retained The Ferguson Gro~ap 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 City Manager’s Office ensures consistency of legislative policy
throughout the City and serves asa clearinghouse and record keeper for all legislative
activity occurring within the organization. The Ferguson Group has obtained federal
appropriations for the Intermodal Transit Center, Children’s Library, Solar Photovoltaic
Demonstration Project, and Traffic Signal Upgrade Project, totaling nearly $ 4million.
On July 1, 2004, the City entered into a contract with The Ferguson Group. Attachment B
provides details on the annual amounts paid for this contract from FY 2005 to FY 2008.
During FY 2005 to FY 2007 the City Manager renewed the contract annually. The City’s
Municipal Code requires Council approve a contract that extends beyond 3 years. Staff is
bringing this amendment to the Council for approval to cover the services for FY 2008
and to continue the services through the end of FY 2009. The City Manager
acknowledges that in this instance, the Council is being asked to approve an amendment
after the fact and apologizes for the limitations this places on the Council’s discretion.
The City Manager’s Office is currently evaluating the City’s legislative program. Going
forward, staff will be looking for ways to increase the transparency and visibility of the
CMR:451:08 Page 1 of 2
program with Council, the community and staff members. It is important for Palo Alto to
retain a voice in State and Federal legislative affairs having an impact on the City. We
plan to schedule discussion of the City’s legislative agenda and strategy with the Policy
and Services Committee after the New Year. Additionally, we plan to issue a Request for
Proposal in the spring for legislative services as part of the process to award a new
contract for FY 2010.
RESOURCE IMPACT
The proposal in Amendment No. 3 to the Agreement will result in an additional annual
City expense of approximately $80,750 for FY 2008-2009. The financial terms of the
Agreement will be accommodated within the existing budget available to the City
Manager’s Office.
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. 3 to Agreement No. S05108852
Attachment B: Annual Expenditure Amounts for Ferguson Group contract, FY 2004-
2005 to FY 2008-2009
PREPARED BY:
CITY MANAGER APPROVAL:
I~asha .y~a/_A]a~e .--
Recreation Supervisor
CMR:451:08 Page 2 of 2
Attachment A
AMENDMENT NO. 3 TO AGREEMENT NO. S05108852
BETWEEN THE CITY OF PALO ALTO, a CALIFORNIA CHARTER CITY, AND
THE FERGUSON GROUP, LLC.
This Amendment No. 3 to Agreement No. S05108852
("Agreement") is entered into July ist, 2007, 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 ("CONTRACTOR").
R E C I T A L 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;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i. 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 I, 2004 and shal!
be completed June 30, 2009."
SECTION 2. The section entitled "COMPENSATION" is hereby
amended, -to read as fol!ows:
COMPENSATION for the full performance of this Agreement:
CITY shall pay "CONTRACTOR": Six thousand five hundred
sixty two dollars and fifty cents ($6,562.50) per month
for the period of July, 2007 through June, 2009. In
addition the CONTRACTOR shall be~ paid $512.52 for
reimbursable expenses for fiscal year 2007/2008 and
$2;000 in reimbursable expenses for fiscal year
2008/2009.
Except as herein m~dified, all other provisions of the
Agreement, including any exhibits ~and subsequent amendments
thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
CITY OF PALO ALTO THE FERGUSON GROUP, LLC.
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
By:
Name:
Title:
By:
Name:
Title:
Taxpayer. Identification No.
Insurance Review
(Compliance with Corp. Code 9 313 is
required if the entity on whose behalf
this contract is signed is a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachment B
Year
FY 2004-2005
FY 2005-2006 .
FY 2006-2007
FY 2007-2008
_Total
Amount
63,131.14
82,139.36
76,772.76
73,519.73
295,562.99
Remaining invoices from FY 2007- 2008 $ 7,075.02
FY 08-09 $ 80,750.00
Total Amount of Contract (over life of contract)$ 383,388.01
The Ferguson Group Expense Repo~