1 TO: Mayor and City Council
FROM: Lina Hernandez, Senior Management Analyst
MEETING DATE: July 18, 2023
SUBJECT: First Amendment to the Professional Services Agreement with Kiley & Associates for Federal Legislative Advocacy Services
RECOMMENDATION
Approve a First Amendment to the agreement with Kiley and Associates and authorize the City Manager to execute the amendment.
BACKGROUND
On April 19, 2022, the City Council approved a one-year agreement with Kiley and Associates to provide Federal Legislative Advocacy Services. The initial term of the agreement was for a one-year period ending on June 30, 2023, with the City maintaining the ability to terminate the agreement with 30 days’ notice.
With the changes in the leadership in Washington, DC, many public entities are engaging with lobbyist firms to provide federal legislative advocacy services in order to assist such public entities to apply for grants and other discretionary funding as well as provide services to advance the entity’s legislative priorities. Lomita has had recent success in obtaining grants and funds at the local and state level. However, there are several City priorities that would benefit from continued assistance of a federal lobbyist to advocate for the city.
Kiley & Associates was founded in 2009 and has a seasoned team of professionals with decades of presence in Washington. They provide legislative advocacy services for cities, states, and communities and have strong California connections and extensive experience in representing government entities, including cities in Southern California such as the cities of South Gate and Lynwood and Carson. Kiley & Associates also has a good understanding of the Lomita Community and the South Bay region and has recently been assisting the city to facilitate discussions regarding the Navy Fields and multiple other federal funding opportunities.
Item No. 7l
CITY OF LOMITA
CITY COUNCIL REPORT
2 The attached amendment, if approved by the City Council, would extend the term with Kiley and Associates for three years to June 30, 2026, retroactively from July 1, 2023, and allows for a one year option in the 4th year. The amendment maintains the existing rates with no changes.
OPTIONS
1. Authorize the City Manager to execute the amendment.
2. Provide alternative direction.
FISCAL IMPACT
City staff previously negotiated a reduced monthly retainer for the services provided under the original agreement for a total amount not to exceed $40,000 annually for the term of the three-year contract. This amendment makes no changes to this rate and extends the term.
ATTACHMENTS
1. Draft First Amendment to the Agreement with Kiley and Associates
2. Agreement 2022-17 with Kiley and Associates
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________________________________
Lina Hernandez
Senior Management Analyst
First Amendment to Agreement between
Kiley and Associates and the City of Lomita
for Legislative Representation
This First Amendment to the Agreement is made and entered into between the City of Lomita (“City”) and Kiley and Associates (“Consultant”). The City and Contractor mutually agree to amend the existing Agreement entered into on April 19, 2022, as follows:
RECITALS
A. On April 19, 2022, the City entered into an Agreement with Consultant for legislative representation (“Agreement”) through June 30, 2023.
B. The City and Contractor now desire to amend the Agreement and extend the term until June 30, 2026, at the same rates as defined in the current Agreement.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 7 – Term of Agreement. This section is amended to read as follows:
The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2026, unless earlier termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
Notwithstanding the foregoing, at the City’s sole discretion, and upon approval by the City Manager, this Agreement may be extended for an additional term of 1 year, subject to appropriation of funding by the City Council.
2. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.
3. The parties agree that this First Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 18th day of July 2023, at Lomita, California.
City of Lomita Kiley and Asssociates
By______________________________ By _______________________________ Ryan Smoot, City Manager Gregory T. Kiley, President
Attest: Approved as to Form:
________________________________ _________________________________ Kathleen Horn Gregory, MMC, City Clerk Trevor Rusin, City Attorney Attachment No. 1
Attachment No. 2