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HomeMy WebLinkAboutItem 10h - Professional Lobbying and Consulting Services DATE: October 6, 2020 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director By: Vanessa Hevener, Environmental Services Officer SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BEST BEST & KRIEGER, LLP FOR PROFESSIONAL LOBBYING AND CONSULTING SERVICES TO SECURE GRANT FUNDING FOR WATER AND STORMWATER RELATED PROJECTS IN THE AMOUNT OF $25,323.08 Recommendation: Approve SUMMARY On October 1, 2019, the City Council awarded a Professional Services Agreement to Best Best & Krieger, LLP (“BB&K”), for professional lobbying and consulting services to secure grant funding for water and stormwater related projects. The cost of the contract was $84,000 a year divided among member agencies of the Rio Hondo/San Gabriel River Water Quality Group (the “Group”), which is comprised of the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre. Based on the cost share formula, Arcadia’s cost is $25,323.08 per year. BB&K is reaching the end of contract term and has submitted a written offer to extend their contract for an additional year with no increase in pricing. This is the first extension to the contract. All terms and conditions of the contract will remain the same. It is recommended that the City Council approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with Best Best & Krieger, LLP for Professional Lobbying and Consulting Services for water and stormwater related projects in the amount $25,323.08. BACKGROUND In 2007, the Cities of Arcadia and Sierra Madre were awarded a joint authorization of $20 million dollars under the WRDA for local water and wastewater related infrastructure projects, but the grants were never funded by Congress. In July 2017, the City Council Amendment to the Professional Services Agreement with Best Best & Krieger for Lobbying Services October 6, 2020 Page 2 of 4 awarded a Professional Services Agreement to Best Best & Krieger, LLP (“BB&K”), for professional lobbying and consulting services to secure grant funding for water and stormwater related projects under the 2007 WRDA authorization. The City and Sierra Madre split the cost for lobbying services equally for an annual cost of $36,000. During the contract term, BB&K provided a high level of expertise and strategic guidance at the federal level to the Cities of Arcadia and Sierra Madre. Subsequently, the City Council approved an extension to this contract in July 2018. In July 2019, the Public Works Services Department (“PWSD”) proposed to the Oversight Committee of the Rio Hondo/San Gabriel River Water Quality Group (“Group”) that a regional approach to lobbying efforts was necessary to better engage federal agencies and stakeholders. The PWSD proposed to expand the scope of BB&K’s efforts to include the other regional projects identified in the Watershed Management Plan, and to better leverage BB&K’s expertise and relationships established during the previous two years. BB&K has extended lobbying services to the Group for $84,000 a year and Arcadia’s cost in the Group is $25,323.08 per year based on a cost share formula factoring in participation and land area percentages. The City of Arcadia serves as the lead agency and the primary liaison between the Group and BB&K. Under the modified scope of work, BB&K worked with the Group to lobby for a new WRDA authorization and assisted in identifying grant funding opportunities with federal agencies, as well as facilitating meetings with key decision makers and building coalitions to secure support for federal grant applications. In addition, BB&K assisted in educating key stakeholders on the Rio Hondo/San Gabriel River Water Quality Group’s five regional projects and their benefits at the federal level. DISCUSSION During this past year, BB&K was able to garner support from Congresswoman Napolitano and Congresswoman Chu to include the Rio Hondo/San Gabriel River Water Quality Group’s regional stormwater quality projects into the House Transportation and Infrastructure Committee’s Water Resources Development Act of 2020. As of July 29, 2020, the House of Representatives passed H.R. 7575, the Water Resources Development Act of 2020 and it is headed to the Senate. The key provision includes authorizing a feasibility study for the Group’s projects listed in the Watershed Management Program Plan. This is a significant milestone because having the provision included into the House bill means BB&K will be able to work to ensure it stays through the committee and floor process, as well as the conference with the Senate. Extending the contract will allow BB&K to continue lobbying efforts through the legislative process. Amendment to the Professional Services Agreement with Best Best & Krieger for Lobbying Services October 6, 2020 Page 3 of 4 As established in the contract, the cost share formula is based 50% on participation and 50% on land area. The City of Arcadia’s annual contribution will be $25,323.08 or $2,110.26 per month, with the cost to each city shown in the chart below: Jurisdiction Monthly Annual Arcadia $2,110.26 $25,323.08 Bradbury $943.59 $11,323.08 Duarte $1,161.54 $13,938.46 Monrovia $1,725.64 $20,707.69 Sierra Madre $1,058.97 $12,707.69 Although the County of Los Angeles and the Los Angeles County Flood Control District are in support of a regional approach to our lobbying efforts, both agencies have internal staff that serve the same function; therefore, the County and the Flood Control District will work in tandem with BB&K in lieu of contributing directly to the cost sharing arrangement. While Arcadia is the lead agency, BB&K invoiced the member agencies separately based on each City’s monthly share. It should be noted that the City of Azusa is under consideration for joining the Working Group. If that occurs during the course of this contract, the costs for BB&K will be readjusted to include the extra City, saving each existing community on a going forward basis. In addition, it is expected that Azusa would be required to contribute some funds to account for costs and efforts already undertaken. ENVIRONMENTAL IMPACT The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The annual cost of services for BB&K is $84,000, with the City of Arcadia’s annual contribution share in the amount of $25,323.08, or $2,110.26 per month. The contract is to be proportionally divided on a formula based on participation (50%) and land area (50%) between the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre. Funding for lobbying services is budgeted in the Fiscal Year 2020-21 Water Operating Budget. The rate is all inclusive and covers other direct expenses including telephone, postage, shipping, photocopying, and other administrative costs. Amendment to the Professional Services Agreement with Best Best & Krieger for Lobbying Services October 6, 2020 Page 4 of 4 RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with Best Best & Krieger, LLP for Professional Lobbying and Consulting Services to secure grant funding for water and stormwater related projects in the amount of $25,323.08. Attachment: Proposed Amendment No. 1 to the Professional Services Agreement AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL LOBBYING AND CONSULTING SERVICES TO SECURE GRANT FUNDING FOR WATER AND STORMWATER RELATED PROJECTS BY AND BETWEEN THE CITY OF ARCADIA AND BEST BEST & KRIEGER, LLP This Amendment No. 1 (“Amendment No. 1”) is hereby entered into this ______ day of ______________, 2020 by and between the City of Arcadia, a municipal corporation of the State of California, and Best, Best, & Krieger, LLP, a Limited Liability Partnership, with respect to that certain Professional Services Agreement (“Agreement”) between the parties dated October 29, 2019. The Parties agree as follows: 1. Section 3.1.2 of the Professional Services Agreement, the Term is hereby extended from October 29, 2020 through October 29, 2021 (“Extended Term”). 2. All terms and provisions of the Agreement not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA BEST BEST & KRIEGER, LLP By: By: Dominic Lazzaretto City Manager Title: Dated: Dated: By: ATTEST: Title: Dated: City Clerk APPROVED AS TO FORM CONCUR: Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director