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Home My WebLink About12 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS INC.Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C MEETING DATE TO FROM Agenda Item 12 Initial AGENDA REPORT Reviewed: Fafs City Manager Finance Director 9� NOVEMBER 19, 2024 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ALDO E. SCHINDLER, CITY MANAGER SUBJECT: FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS INC. SUMMARY: Request for approval of the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs for state legislative advocacy and grant writing services. RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs covering a period of January 1, 2025 — December 31, 2026 at a monthly cost of $7,500. FISCAL IMPACT: If approved, the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs, will raise their monthly fee by $500, bringing it to $7,500 per month. This adjustment will increase the annual cost of retaining Townsend Public Affairs from $84,000 to $90,000. There is sufficient funding in the Fiscal Year 24/25 budget to cover the new monthly amount. CORRELATION TO THE STRATEGIC PLAN: The Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs contributes to the fulfillment of the City's Strategic Plan Goal D: Strong Community and Regional Relationships. Specifically, this item implements Strategy 3 which is to ensure strong advocacy and regional leadership. BACKGROUND AND DISCUSSION: In 2020, the City Council directed staff to engage a firm to provide state advocacy and grant writing services for the City. After a Request for Proposals (RFP) process, the City entered Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C City Council Agenda Report Fourth Amendment to PSA with Townsend Public Affairs November 19, 2024 Page 2 into a Professional Services Agreement (PSA) with Townsend Public Affairs for $6,500 per month. The PSA with Townsend Public Affairs has been amended three (3) times since the original PSA was executed in 2021. The First Amendment extended the term by one (1) year to December 2022. The Second Amendment extended the term by one (1) year to December 2023 and increased compensation by $500 per month to $7,000 per month. The Third Amendment extended the term by one (1) year to December 2024. Since execution of the original PSA, Townsend Public Affairs has effectively and professionally performed state advocacy and grant writing on the City's behalf. In addition to conveying the City's support or opposition on legislative proposals or regulations, Townsend Public Affairs has also elevated the City's profile with various state agencies and key stakeholders. Perhaps most importantly, Townsend Public Affairs has worked with the City and our state and federal delegation to secure almost $9 million in funding for various City projects, with another $2.75 million in process. Townsend Public Affairs also continues to assist various City departments with grant application and administration. Finally, although not part of their scope of services, Townsend Public Affairs does perform a small amount of federal advocacy on behalf of the City. Below are some highlights from Townsend Public Affairs from 2024: • Sent 14 legislative position letters to the City for consideration that applied to the Legislative Platform. Delivered signed letters and advocated for those positions with the City's representatives • Consistent outreach with the City's representatives in Sacramento and Washington D.C. related to the Navy North Hangar Fire. Specific engagement with Congresswoman Young Kim to help facilitate conversations with the Department of the Navy and the Department of Defense • Engagement with Housing and Community Development Department, the Governor's Administration, and Legislative delegation on the formulation and adoption of surplus land act regulations and opportunities for engagement • Consistent representation of the City in the Legislature including State Senator Dave Min and Assembly Member Cottie Petrie -Norris • Coordination with Caltrans to address billboard disputes along SR-55 • Engagement on SJR 13 (Newman) to coordinate with Senator Newman's office as well as the Governor's office and Committee staff to ensure passage • Consistent updates in Sacramento on the State Budget and impacts to the City Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C City Council Agenda Report Fourth Amendment to PSA with Townsend Public Affairs November 19, 2024 Page 3 • Provided detailed overview of statewide initiatives appearing on the November 2024 Ballot • Detailed analysis of bills that were introduced and their impacts to the City • Provided consistent updates on the state and federal budget/appropriations process and opportunities for engagement. On the state's budget, drafted and distributed letters of concern related to proposed funding cuts that would impact the city The proposed Fourth Amendment to the PSA with Townsend Public Affairs extends the term by two (2) years and increases the monthly compensation to Townsend Public Affairs by $500 to $7,500 per month. City staff is supportive of the proposed compensation increase and recommends approval of the Fourth Amendment. Attachments: 1. Draft Fourth Amendment to the PSA with Townsend Public Affairs Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Fourth Amendment") is made and entered into to be effective this 19th day of November 2024 ("Effective Date"), by and between the CITY OF TUSTIN, a municipal corporation ("City"), and TOWNSEND PUBLIC AFFAIRS INC, a California corporation ("Consultant"). City and Consultant are sometimes referred to herein collectively as the "Parties". RECITALS A. City and Consultant entered into that certain Professional Services Agreement on the January 15, 2021, as amended by that certain First Amendment dated as of December 14, 2021; that certain Second Amendment dated as of December 15, 2022; and that certain Third Amendment dated as of December 18, 2023 for professional consulting services related to legislative advocacy and grant writing services (as amended, the "Agreement"), which is incorporated herein by this reference; and B. The Parties desire to extend the term of the Agreement for an additional twenty-four (24) month term, subject to the terms and conditions set forth in this Fourth Amendment. NOW, THEREFORE, upon the foregoing Recitals, City and Consultant agree as follows: Term. Section 3.4 of the Agreement is hereby amended and restated in its entirety to read as follows: "3.4 Term. Unless earlier terminated in accordance with Section 7.6 or 7.7 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the services, but not exceeding December 31, 2026, unless extended by mutual written agreement of the Parties." 2. Compensation. Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows: "2.1 Compensation of Consultant. For the Services rendered pursuant to this Agreement, the Consultant shall be compensated and reimbursed only such amount as are prescribed in Exhibit "A", in an amount not to exceed Seven Thousand Five Hundred Dollars ($7,500) per month during the contract term beginning January 1, 2025 (the "Contract Maximum"). THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS AGREEMENT IS THE AMOUNT SPECIFIED IN THIS SECTION. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED BEFORE THE Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C CONSULTANT'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED, CONSULTANT WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT UNLESS ADDITIONAL SERVICES ARE APPROVED PER SECTION 1.6." 3. Contract Officer. Section 4.2 of the Agreement is hereby amended and restated in its entirety to read as follows: "The Contract Officer shall be the City Manager, unless otherwise designated in writing by the City Manager. It shall be the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4. Except as modified above, all terms and conditions of the Agreement, as modified by the First, Second, Third and Fourth Amendment, shall remain unchanged and in full force and effect. 5. The persons executing this Fourth Amendment on behalf of the Parties warrant that they are duly authorized to execute this Fourth Amendment on behalf of said Parties, and that by so executing this Fourth Amendment the Parties are formally bound to the provisions of this Fourth Amendment. IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the Effective Date. APPROVED AS TO FORM: David E. Kendig, City Attorney "City" CITY OF TUSTIN Aldo E. Schindler, City Manager 2 Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C Date: "Consultant" TOWNSEND PUBLIC AFFAIRS INC Christopher Townsend, President