CMO:150- 30\ml\CMO:H:\Common\City Council\Council Items\2025\082625\Federal Lobbyist Agreement Amendment 1.docx
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Project Name: Federal Lobbying Services
FIRST AMENDMENT TO
THE AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
VAN SCOYOC ASSOCIATES
Contract No. 13161-2022
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and VAN SCOYOC ASSOCIATES (“Consultant”), dated December 6, 2022 (herein “Contract”) is made this 26th day of August, 2025.
RECITALS
A. City and Consultant originally entered into a three-year agreement ending on December 31, 2025, for federal lobbying services at a yearly cost not to exceed $84,000.
B. Since the new White House administration took office in January 2025, major shifts in legislative priorities and numerous policy changes have significantly increased Consultant's workload supporting the City.
C. Section 3(a) of Contract, currently, and as may have been previously amended, provides for an “annual not-to-exceed amount” of $84,000 and an additional $1,500 per year allotted for travel and administrative expenses reimbursements as set forth under Exhibit “B”, Schedule of Fees.
D. Current administrative expenses have exceeded the current contract amount, which Consultant has to date absorbed. City desires to amend the Contract to add an additional $3,500 per year to the annual administrative expenses for the remainder of the current Contract term, and the two optional extensions.
E. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of December 31, 2025, with two optional one-year extensions.
F. City and Consultant desire to extend the date of the Contract while keeping all other terms intact.
G. City is in need of adding Levine Act language to comply with State law.
ATTACHMENT #1
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AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. $3,500 per year is hereby added to Contract and Section 3(a) of the Contract is hereby amended to include schedule of fees for additional, annual administrative expenses. Section 3 of the Contract shall now read in its entirety as follows:
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $438,000 (herein "not-to-exceed amount") and shall be earned on in a lump sum amount on a monthly basis. An additional $ 5000 per year is allotted for travel and administrative expenses reimbursements as set forth under Schedule of Fees, attached as in Exhibit "B-1."
(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, to City's Project Manager in a monthly legislative report including expenses incurred. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed. All payments shall be made within 30 days after City' s approval of the invoice.
Part 2. Section 5 of the Contract is hereby amended to extend the term of the Contract by exercising optional one-year extension, and shall read in its entirety as follows:
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2026, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than one additional time, for a period of one year. Extensions of time shall be memorialized by written amendment.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City' s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.
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Part 3. Exhibit B of the Contract is hereby replaced by Exhibit B-1, attached hereto and incorporated herein.
Part 4. A new Section 31 is hereby added to read as follows:
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to contracts under $50,000, competitively bid, labor, or personal employment contracts. An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
In order to assure compliance with these requirements, Party/Consultant/Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Party/Consultant/Service Provider verifies by its signature that it has completed Exhibit C in compliance of these requirements.
Party/Consultant/Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $500 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Contract/Agreement, and for the 12 months following award of this Contract/Agreement. . An agent to the Party/Consultant/Service Provider is prohibited from making any contributions whatsoever during this time period.
Where applicable, Party/Consultant/Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Contract/Agreement.
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Part 5. All terms used in Parts 1, 2, 3, and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1,2, 3, and 4 above, all other sections, terms, obligations, duties, clauses and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to the Contract as of the date set forth above.
VAN SCOYOC ASSOCIATES
By: H. Stewart Van Scoyoc
Title: Presidentt
By: James Crum
Title: Vice President
CITY OF THOUSAND OAKS
David Newman, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED AS TO FORM
Tracy Friedl, Assistant City Attorney
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Exhibit B-1
SCHEDULE OF FEES
1. Total annual compensation due under contract is $84,000. Payments shall be made monthly at a rate of $7,000.
2. Consultant is allotted $5,000 annually for travel to the City and for administrative expenses for Contract years 3, 4 and 5.
3. The total cost for the three-year contract plus two optional extensions shall not exceed, $438,000.
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CMO:150- 30\ml\CMO:H:\Common\City Council\Council Items\2025\082625\Federal Lobbyist Agreement Amendment 1.docx
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