HomeMy WebLinkAboutStaff Report 14172
City of Palo Alto (ID # 14172)
City Council Staff Report
Meeting Date: 4/11/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Amendment Number 4 to Contract Number C14152163
With Townsend Public Affairs for State Legislative Advocacy to Extend the
Term for one Additional Year and add $102,000 for a Total Not-to-Exceed
Amount of $901,000
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that City Council approve the fourth amendment (attached) to the current
agreement with Townsend Public Affairs, Inc., for state legislative advocacy services to (1)
increase the term length by twelve months from December 31, 2021 to December 31, 2022;
and, (2) increase the not-to-exceed amount by $102,000 from $799,000 to $901,000.
Background
For many years, the City has contracted for state legislative advocacy services. This Sacramento-
based representation allows the City of Palo Alto to have a presence and voice with state
representatives, regulators, and their Sacramento staff. Since 2014, the City has contracted
with Townsend Public Affairs, Inc. (Townsend), to provide this state representation (CMR 4466).
Staff is in the process of developing a request for proposals (RFP) for these services and this
contract extension will allow the City to continue the services while the RFP is conducted in
2022.
Discussion
State legislative advocacy generally, and through Townsend specifically, has been instrumental
to the City of Palo Alto’s sustained presence and voice in Sacramento. For example, the key
Townsend advocate, Niccolo De Luca, assisted the City in advocating for legislation and funding
to the City from the state.
Staff recognizes that a new procurement process needs to occur for this service the City values.
Staff is currently drafting the RFP for release in spring 2022. This will allow for enough time to
solicit and evaluate bids for a start date of January 1, 2023 of any new state advocacy contract.
Staff recommends this contract amendment with Townsend to provide comprehensive state
legislative advocacy services. The relationship between the City and Townsend is very effective
City of Palo Alto Page 2
and highly collaborative, with staff of each entity communicating frequently and working as the
City Council directed in terms of strategizing on advocacy. As Townsend has worked with the
City for the past 7 years, the firm’s knowledge of what makes Palo Alto unique has deepened.
Leveraging this knowledge and relationship is an important benefit to the City.
Townsend has agreed to continue their existing rates into this next extension, with no increase
during this extension. Attachment A sets out Amendment number four, extending the original
agreement to December 31, 2022, preserving the termination clause contained in the original
agreement whereby the City may terminate services within 10 days, and noting the flat rates.
Resource Impact
Funding for extending the current contract by twelve months increases the total not-to-exceed
amount by $102,000. Funding for state legislative services is included in the annual budget
appropriation for the City Manager’s Office reviewed with City Council during the annual
budget. Current annual funding for state legislative services in the City Manager’s Office is
sufficient to fund this contract extension.
Environmental Review
These services do not constitute a project under the California Environmental Quality Act.
Attachments:
• Attachment A: C14152163 Townsend Amendment #4
Vers.: Aug. 5, 2019
Page 1 of 5
AMENDMENT NO. 4 TO CONTRACT NO. C14152163
BETWEEN THE CITY OF PALO ALTO AND
TOWNSEND PUBLIC AFFAIRS, INC.
This Amendment No. 4 (this “Amendment”) to Contract No. C14152163 (the “Contract”
as defined below) is entered into as of March 21, 2022, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and TOWNSEND PUBLIC AFFAIRS, INC., a
California corporation, located at 1401 Dove Street, Ste. 330, Newport Beach, California 92660,
Telephone (949) 399-9050 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively
as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of representation in all state legislative advocacy matters, as detailed
therein.
B. The Contract was amended by Amendment No. 1 to extend the term through
December 31, 2017 and increase compensation by Two Hundred Four Thousand Dollars
($204,000) from One Hundred Eighty-Seven Thousand Dollars ($187,000) to Three Hundred
Ninety-One Thousand Dollars ($391,000) for continuation of services per Exhibit “A” Scope of
Services, as detailed therein.
C. The Contract was amended by Amendment No. 2 to extend the term through
December 31, 2019 and increase compensation by Two Hundred Four Thousand Dollars
($204,000) from Three Hundred Ninety-One Thousand Dollars ($391,000) to Five Hundred
Ninety-Five Thousand Dollars ($595,000) for continuation of services per Exhibit “A” Scope of
Services, as detailed therein.
D. The Contract was amended by Amendment No. 3 to extend the term through
December 31, 2021 and increase compensation by Two Hundred Four Thousand Dollars
($204,000) from Five Hundred Ninety-Five Thousand Dollars ($595,000) to Seven Hundred
Ninety-Nine Thousand Dollars ($799,000) for continuation of services per Exhibit “A” Scope of
Services, as detailed therein.
E. The Parties now wish to amend the Contract in order to extend the term through
December 31, 2022 and increase compensation by One Hundred Two Thousand Dollars
($102,000) from Seven Hundred Ninety-Nine Thousand Dollars ($799,000.00) to Nine Hundred
One Thousand Dollars ($901,000) for continuation of services per Exhibit “A” Scope of Services.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
DocuSign Envelope ID: 5EB8A37B-C987-4D9E-9653-322FFB7A3FC4
Vers.: Aug. 5, 2019
Page 2 of 5
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C14152163
between CONSULTANT and CITY, dated March 1, 2014, as amended by:
Amendment No.1, dated December 8, 2015
Amendment No.2, dated November 6, 2017
Amendment No.3, dated November 18, 2019
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date March 1, 2014 through December 31,
2022 unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. Section 4 “ NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services described
in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall
not exceed Nine Hundred One Thousand Dollars ($901,000). The applicable rates and schedule
of payment are set out in Exhibit “C-1”, entitled RATE SCHEDULE,” which is attached to and made
a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described in Exhibit “A”.
SECTION 4. The following exhibit to the Contract is hereby amended, as indicated below,
to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated
in full into this Amendment and into the Contract by this reference:
a. Exhibit “C-1” entitled “RATE SCHEDULE, AMENDMENT NO. 4”, AMENDED,
REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
DocuSign Envelope ID: 5EB8A37B-C987-4D9E-9653-322FFB7A3FC4
Vers.: Aug. 5, 2019
Page 3 of 5
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 5EB8A37B-C987-4D9E-9653-322FFB7A3FC4
Vers.: Aug. 5, 2019
Page 4 of 5
SIGNATURES OF THE PARTIES FOR AMENDMENT NO. 4 TO CONTRACT NO. C14152163
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
______________________________
City Attorney
TOWNSEND PUBLIC AFFAIRS, INC.
Officer 1
By:_____________________________
Name:__________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
EXHIBIT "C-1" entitled “RATE SCHEDULE, AMENDMENT NO. 4” (AMENDED, REPLACES
PREVIOUS)
DocuSign Envelope ID: 5EB8A37B-C987-4D9E-9653-322FFB7A3FC4
President
Christopher Townsend, President
Chistopher Townsend
Secretary
Vers.: Aug. 5, 2019
Page 5 of 5
EXHIBIT “C-1”
RATE SCHEDULE, AMENDMENT NO. 4
(AMENDED, REPLACES PREVIOUS)
Advocacy Services $8,500/Per Month
(106 months @ $8,500.00 = NTE $901,000)
DocuSign Envelope ID: 5EB8A37B-C987-4D9E-9653-322FFB7A3FC4