22-024 Amendment #3 dated 12-12-23 State Legislative Advocacy Services1
THIRD AMENDMENT TO AGREEMENT 439 BETWEEN
THE CITY OF CUPERTINO AND JOE A. GONSALVES
& SON FOR STATE LEGISLATIVE ADVOCACY
SERVICES
This Third Amendment to Agreement 439 between the City of Cupertino and Joe A.
Gonsalves and Son is by and between the City of Cupertino, a municipal corporation (hereinafter
“City”) and Joe A. Gonsalves and Son, a Corporation, (“Contractor”) whose address is 925 L Street,
Suite 250, Sacramento, CA 95814 and is made with reference to the following:
RECITALS:
A. On February 15, 2022, the City and Contractor entered into an Agreement for State
Legislative Advocacy Services (“Original Agreement”) with a term expiring on December 10,
2022.
B. On December 15, 2022, the City and the Contractor entered into a First Amended
and Reinstated Agreement for State Legislative Advocacy Services (“First Amendment”)
with a term expiring on December 10, 2023.
C. On May 24, 2023, the City and the Contractor entered into a Second Amendment for
State Legislative Advocacy Services (“Second Amendment”) revising the compensation to
include the cumulative cost of both the original agreement and the First amendment.
D. The Original Agreement, First Amendment, and Second Amendment are collectively
referred to as the “Agreement” unless otherwise indicated.
E. City and Contractor desire to continue Contractor’s services to the City under the
Agreement, and hereby affirm their intent that it remain in full force and effect as amended
and reinstated by this Third Amendment.
F. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 2 of the Agreement is modified to read as follows:
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail
in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees
to carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto.
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2. Paragraph 3.1 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on December 31, 2024 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by December 31, 2024. The City’s appropriate
department head or the City Manager may extend the Contract Time through a written
amendment to this Agreement, provided such extension does not include additional contract
funds. Extensions requiring additional contract funds are subject to the City’s purchasing
policy.
3. Paragraph 3.2 of the Agreement is modified to read as follows:
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B-1.
Exhibit B to the Agreement is replaced with Exhibit B-1, attached hereto.
4. Paragraph 4.1 of the Agreement is modified to read as follows:
Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will be based on actual costs but that will be capped so as not to
exceed $145,000.00 (“Contract Price”), based upon the scope of services in Exhibit A-1 and
the budget and rates included in Exhibit C-3. The maximum compensation includes all
expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed
the capped amount. No extra work or payment is permitted without prior written approval of
City.
Exhibit C-2 to the Agreement is replaced with Exhibit C-3, attached hereto.
5. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO JOE A. GONSALVES AND SON
By By
Title Title
Date Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
Jason Gonsalves
Partner/Legislative Advocate
12/12/2023
Christopher D. Jensen
Deputy City Manager
12/13/2023
12/13/2023
EXHIBIT A-1
EXHIBIT A-1
Scope of Work
Consultant shall maintain and abide by the following strategic and comprehensive approach to
provide state government relations and lobbying services to the City of Cupertino:
1. Annual Orientation/Introduction (December-February)
Utilize a comprehensive orientation process that includes meetings with various relevant
members of City leadership and key City departments to help understand the needs of the City.
This process will also inform the City about the States current political climate and funding
environment.
a) This includes, but is not limited to, the following tasks:
• Conduct meetings with the City Manager’s Office, City
Attorney, and Department Heads where Consultant will provide:
• Summary of past legislative year/session
• Intro and forecast of upcoming legislative year/session
• Basic overview of legislative process, as needed, primarily for new staff
• List and contact information of local legislators
• Schedule of Legislative session and important dates
b) Gather information from City staff on legislative interests and priorities from the
various Departments.
2. Engage with Legislature and Advocate (January – September)
Consultant will advocate for the City’s legislative agenda and implement the City’s
advocacy plan.
This includes, but is not limited to, the following tasks:
a) Hold monthly meetings with City Manager’s Office Staff to provide updates
and ensure a high level of legislative and administrative success in
Sacramento.
b) Consultant will use every asset available and engage various techniques to
leverage our network of relationships with key stakeholders and decision
makers on behalf of the City to further the City’s legislative agenda.
Strategies for advocacy and lobbying will vary depending upon the issues
(i.e. bill position, grant funding, state requirements, etc.) as well as
Sacramento's ever changing political climate. Consultant will use the
following strategies:
• Identify potential Legislators who can support City priorities
• Meet with the members of the Legislature, their staff, and the
Governor’s Office
EXHIBIT A-1
• Meet with the pertinent committee consultants
• Identify and meet with interest groups, lobbying firms and/or
coalitions who can be supportive
• Identify and meet with interest groups, lobbying firms and/or
coalitions who may be in opposition.
• Assuming legislation is necessary, meet with each Member of the
various committees the legislation will be referred to in an effort to
secure their support for City legislative position prior to each hearing.
• Schedule meetings for the City to discuss relevant legislation including
briefing materials and talking points for the City and briefing legislative
offices and stakeholders on the City’s legislative agenda
c) Coordinate Advocacy Trips on an as needed basis: Consultant will work with
the City to coordinate advocacy trips to Sacramento to meet with the City’s
legislative delegation, as well as legislators that serve on committees relevant
to the City’s agenda. Furthermore, Consultant will also schedule site visits by
legislators to the City, as needed.
d) Track Legislation: Contractor will identify, analyze, and monitor all bill
introductions and amendments relevant to the City’s priorities and assess their
potential impact on the City and provide updates to staff at each monthly
meeting. Recommend positions the City can take and any amendments the
City should request, if any.
e) Legislative Updates: Provide a weekly report, to be sent out every Thursday or
Friday, depending upon the legislative calendar. Provide the City with
monthly written or oral reports of legislative activity.
f) Craft Testimony and Position Letters: With City review and/or approval,
Consultant will prepare and submit written and verbal testimony regarding
legislation relevant to the City’s positions. Consultant will also draft and
deliver, with City approval, position letters to legislators and key officials on
specific bill language.
g) Draft Bill Language: Consultant will draft language and amendments for
relevant legislation, as required to protect and promote the City’s agenda.
3. Provide Support to City Staff and City Council (January – December)
Consultant will provide support and be available to City staff for consultation on an as-
needed basis. The Consultant will also present and provide updates, reports, and materials
for all monthly staff meetings and as needed for City Council meetings.
This includes, but is not limited to, the following tasks:
a) Provide electronic reports, such as summaries, analysis, bill language,
amendments, matrices, and committee analysis prior to the meeting(s).
b) Attend monthly meetings and present reports to the City Manager’s Office
and answer questions.
c) When Council is considering legislation (Spring/Summer), Consultant will
EXHIBIT A-1
prepare reports and materials for upcoming Council meeting, attend meeting
(in person or via zoom as agreed to) and be available for questions.
d) If Council adopts positions on legislation, Consultant will create draft bill
position letters with input from the City within 30 calendar days following the
City Council meeting.
e) Consultant will deliver the signed bill position letter to relevant Legislators and
stakeholders
f) To support City bill position, consultant will meet with the Author's office, the
Committee Consultants (both Democrat and Republican), Legislative
Leadership, all pertinent stakeholders, and provide testimony in each
Committee in order to ensure City's position is known and ultimately
supported.
4. Funding Opportunities (January-December)
The Consultant will present and provide updates, reports, and materials regarding funding
opportunities for all monthly staff meetings and as needed for City Council meetings.
This includes, but is not limited to, the following tasks:
a) Proactively identify any/all funding opportunities for the City
b) Assist in developing project proposals for each potential grant application.
c) Set-up a series of “action days” in Sacramento for the City and Consultant to
meet with the various State Agencies overseeing the desired funding in an
effort to craft a competitive proposal.
d) Meet with Legislator’s and Legislative Committees to seek their input and
support on any funding the City is seeking. Likewise, this will provide an
opportunity for the City to receive information and provide input on any
funding opportunities that may be available or coming available.
5. State Agencies (January-December)
State Agencies within the State of California have continued to grow as the
Legislature has provided many of them with new powers and responsibilities. Moreover,
recent state budget investments and legislation have resulted in unprecedented amounts of
funding for various projects. Consultant will monitor, analyze, participate and influence
agencies with administrative actions of interest to the City.
This includes, but is not limited to, the following tasks:
a) Regulations and funding guidelines will be handled in the same manner as
legislative matters outlined in Item 2 “Engage with Legislature and Advocate”,
including tasks a) through g) as applicable to State Agencies.
b) Will work closely with the City to establish policy direction and will take the
necessary steps to best represent the City before the State Agencies.
6. Legislative Wrap-Up (October-December)
EXHIBIT A-1
Prepare a wrap-up report on outcomes achieved on an annual basis.
This includes, but is not limited to, the following tasks:
a) Present wrap-up report to City Staff in November
b) Create engaging ideas to provide Legislative wrap-up information to Council
and community for a City Council meeting in December.
7. Community Engagement and Education (As needed)
Consultant will assist the City in hosting engagement opportunities in order to inform
the public about the legislative process and relevant bill information.
This includes, but is not limited to, the following tasks:
a) Make presentations at Council meetings, as needed.
b) Participate in public meetings, workshops, or town halls, as needed.
c) Schedule public meetings with legislators, as needed.
8. Prepare and File Lobbying Disclosure Reports
Contractor will prepare and file, on behalf of the City, all applicable lobbying disclosure
reports.
This includes, but is not limited to, the following tasks:
a) Complete and send all applicable disclosure reports to City for signing
b) Finalize and send reports to necessary agencies
EXHIBIT B-1
Exhibit B-1
Schedule of Performance
Project Deliverables and Timeline Overview
Tasks Timeline
Annual Orientation/Introduction December – February
Engage with Legislators and Advocate January – September
Provide Support to City Staff and Council January – December
Review Funding Opportunities January – December
Engage with State Agencies January – December
Legislative Wrap-up October = December
Community Engagement and Education As Needed
Lobbying Disclosure Reports Quarterly and As Needed
EXHIBIT C-3
Exhibit C-3
Compensation
Costs for State Legislative Advocacy Services as described in Exhibit A-1 are not to exceed
$147,500 for services rendered from the 2022, 2023, and 2024 Legislative Sessions. The
compensation is broken down as follows in a monthly not-to-exceed amount:
Compensation for Compensation for Compensation for
2022 Legislative Session 2023 Legislative Session 2024 Legislative Session
Month Cost Month Cost Month Cost
March 2022 $4,000 January 2023 $4,000 December 2023 $4,500
April 2022 $4,000 February 2023 $4,000 January 2024 $4,500
May 2022 $4,000 March 2023 $4,000 February 2024 $4,500
June 2022 $4,000 April 2023 $4,000 March 2024 $4,500
July 2022 $4,000 May 2023 $4,000 April 2024 $4,500
August 2022 $4,000 June 2023 $4,000 May 2024 $4,500
September 2022 $4,000 July 2023 $4,500 June 2024 $4,500
October 2022 $4,000 August 2023 $4,500 July 2024 $5,000
November 2022 $4,000 September 2023 $4,500 August 2024 $5,000
December 2022 $4,000 October 2023 $4,500 September 2024 $5,000
Total $40,000 November 2023 $4,500 October 2024 $5,000
Total $51,000 November 2024 $5,000
Total $56,500
This amount includes work done in Sacramento and travel to the City of Cupertino on an as
needed basis or as defined in the Scope of Work. Invoices shall include a description of the
services being invoiced and provide any supporting documentation, if applicable.
State Legislative Advocacy Services
Final Audit Report 2023-12-13
Created:2023-12-13
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAS2JxyBCTSgD7NEElZn6P5hkQTveL9OB0
"State Legislative Advocacy Services" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-12-13 - 0:16:04 AM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-12-13 - 0:20:53 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-12-13 - 0:36:15 AM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Jason Gonsalves (jason@gonsalvi.com) for signature
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Email viewed by Jason Gonsalves (jason@gonsalvi.com)
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Document e-signed by Jason Gonsalves (jason@gonsalvi.com)
Signature Date: 2023-12-13 - 3:09:10 AM GMT - Time Source: server- IP address: 76.158.216.112
Document emailed to christopherj@cupertino.org for signature
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Email viewed by christopherj@cupertino.org
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-12-13 - 5:09:03 AM GMT - Time Source: server- IP address: 136.24.22.194
Document emailed to Tina Kapoor (tinak@cupertino.org) for signature
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Email viewed by Tina Kapoor (tinak@cupertino.org)
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Document e-signed by Tina Kapoor (tinak@cupertino.org)
Signature Date: 2023-12-13 - 6:19:58 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-12-13 - 6:23:55 PM GMT - Time Source: server- IP address: 67.188.176.248
Agreement completed.
2023-12-13 - 6:23:55 PM GMT