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HomeMy WebLinkAbout2009/03/24 Item 7CITY COUNCIL AGENDA STATEMENT J ~~(~~ c1TroF '~"" CHULA VISTA MARCH 24, 2009, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH AMENDMENT TO THE CONTRACT WITH ADVOCATION, INC., EXERCISING THE CITY'S OPTION TO EXTEND THE CONTRACT FOR LEGISLATIVE REPRESENTATION FOR THE 2009 AND 2010 LEGISLATIVE SESSIONS. ~,/ SUBMITTED BY: GOVERNMENT RE IONS LIAISON{6~ REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ NO ^X SUMMARY The City of Chula Vista's contract with the firm of Advocation, Inc. for legislative representation in Sacramento has expired. The original agreement with the firm allowed for four two-year contract extensions; three of which have been exercised. Staff is recommending implementation of the final contract extension based on the firm's willingness to proceed for a fee of $1 per year. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of an extension for legislative services, is not a `Project' as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt the Resolution BOARDS/COMMISSION RECOMMENDATION Not Applicable 7-1 Maxch 24, 2009, Item DISCUSSION The City of Chula Vista has contracted for legislative representation in Sacramento since 1986: The most recent contract, entered into with Advocation, Inc. in 2000, included an option for as many as four two-year contract extensions. Based on the firm's history of success in promoting Chula Vista's legislative agenda, city staff recommended and Council approved exercising the extension options in2003, 2005 and 2007. In 2008 the City Manager recommended abudget-reduction measure to terminate the contract with Advocation. At that time, a year remained on the third extension to the original agreement. Rather than terminate the contract, Advocation offered to remain the City's official lobbying representative in Sacramento at no cost for the remainder of the 2008 legislative session. The City Council accepted that offer and Advocation continued to work on behalf of Chula Vista. There is one `option to extend' remaining on the original agreement between the City of Chula Vista and Advocation, Inc. Because of the firm's long-standing commitment to the Chula Vista community, and in light of the loss of the Government Relations Liaison position in the current city budget, Advocation has offered to continue to provide assistance to the City for a fee of $1 per year. Advocation is well-versed in Chula Vista's legislative agenda, and demonstrates consistently their ability to assist the City achieve its legislative goals. Staff recommends that the City accept the revised contractual language and exercise the final contract extension with the firm. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Direct fiscal impact of $1.00 per year for two years. Although the fiscal impacts of a lobbyist's efforts can be difficult to estimate, past assistance from this firm has resulted in the successful acquisition of grants and other earmarks in excess of $23 million. The firm has also played a critical role in helping the city stop 80% of the legislation on which Chula Vista has taken an `oppose' position during the past 8 years. ATTACHMENTS Fourth Amendment to the Agreement Between the City of Chula Vista and Advocation, Inc. for Legislative Representation Prepared by ColleenM Carnevale, Government RelationsLrauon, AdministrationDepartmeat -2- ~-2 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH AMENDMENT TO THE CONTRACT WITH ADVOCATION, INC., EXERCISING THE CITY'S OPTION TO EXTEND THE CONTRACT FOR LEGISLATIVE REPRESENTATION FOR THE 2009 AND 2010 LEGISLATIVE SESSIONS WHEREAS, on December 31, 2008 the agreement with Advocation, Inc. for the provision of legislative representation in Sacramento expired; and WHEREAS, there is one two-year option to extend this contract remaining in the original Agreement with Advocation, Inc.; and WHEREAS, the firm has offered to continue representing the City of Chula Vista for these final two years for a fee of one dollar per yeaz; and WHEREAS based on the firm's success in promoting Chula Vista's legislative agenda and commitment to the Chula Vista community, staff recommends exercising this option; and WHEREAS, the effective period will be Januazy 1, 2009 through December 31, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Fourth Amendment to the Agreement with Advocation, Inc., exercising the City's option to extend the contract for legislative representation for the period of Januazy 1, 2009 through December 31, 2010 at a cost of $1.00 (one dollar) per year. Presented by 7-3 Approved as to form by THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: Fourth Amendment to The Agreement Between the City of Chula Vista and Advocation, Inc. for Legislative Representation 7-4 FOURTH AMENDMENT TO the Agreement Between the City of Chula Vista and Advocation, Inc. for Legislative Representation Recitals This Fourth Amendment (the "Amendment") is entered into effective as of 3/1/09, by and between the City of Chula Vista ("City") and Advocation, Inc. ("Consultant") with reference to the following facts: WHEREAS, the City and Consultant entered in an agreement ("Original Agreement"), dated November 14, 2000 and approved by City Council Resolution 2000-429, whereby Consultant provided Legislative Representation from January 1, 2001 to December 31, 2002; and WHEREAS, the Original Agreement contained a provision for four two-year renewal options of this Agreement; and WHEREAS the first renewal option was approved as the First Amended and Restated Agreement ("First Amendment") on November 26, 2002 by City Council Resolution 2002-487; and WHEREAS the second renewal option was approved as the Second Amendment on November 16, 2004 by City Council Resolution 2004-382; and WHEREAS the third renewal option was approved as the Third Amendment on January 7, 2007 by City Council Resolution 2007-10; and WHEREAS, the City staff have reviewed and evaluated the work of the Consultant during the past six years and finds the work to have met all requests made by the City; and WHEREAS, this fourth Amendment exercises the last of the four two-year renewal options; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Consultant to City within the timeframes herein provided all in accordance with the terms and conditions of the Original Agreement and the subsequent amendments. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and Consultant agree as follows: 1. Section 8.D. of Exhibit A to the Original Agreement entitled `Date for completion of all Consultant servcies' is hereby amended to read as follows: "8.D. Date for completion of all Consultant Services: December 31, 2010." 7-5 2. Section 11.A of Exhibit A to the Original Agreement entitled `Compensation' is hereby amended to read as follows: "11. A Single Fixed Fee amount of $1 (one) dollar for calendar year 2009, and $1 (one) dollar for calendar year 2010:' 3. Section 12 of Exhibit A to the Original Agreement, entitled `Materials Reimbursement Arrangement' is hereby stricken from the contract. 4. Section 18 of Exhibit A to the Otginal Agreement, entitled `Bill Processing' is hereby replaced with the following: "Consultant's Billing to be submitted annually." 5. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and effect. SIGNATURE PAGE TO THE FOURTH AMENDMENT TO The Agreement Between the City of Chula Vista and Advocation, Inc. for Legislative Representation City of Chula Vista By Cheryl Cox, Mayor ATTEST: Donna Norris, City Clerk -2- Advocation, Inc. Charles L. Cole, President Approved in form by: Bart Miesfeld, City Attorney 7-6