Report to Mayor and City Council
Tuesday, January 26, 2021
Discussion
SUBJECT:
Title
CONSIDER: (1) APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH KILEY & ASSOCIATES, LLC, FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES, PURSUANT TO SUBCOMMITTEE RECOMMENDATION; AND (2) SUBCOMMITTEE RECOMMENDATIONS FOR POTENTIAL STATE LEGISLATIVE ADVOCACY CONSULTANTS (CITY COUNCIL)
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I. SUMMARY
This item transmits a recommendation to the City Council from a City Council Subcommittee that consisted of former Mayor Albert Robles and Mayor Pro Tempore Jim Dear (the “Subcommittee”), for the City to award a contract services agreement to Kiley & Associates, LLC for federal legislative advocacy services. Approval of this recommendation (Recommendation items 1-2, below) would approve a contract services agreement with Kiley & Associates for a flat fee of $5,000 per month ($60,000 per year) for an initial three-year term, for a not to exceed contract sum of $180,000 over the initial three-year term, with City options to extend the term for up to two additional one-year periods thereafter for a not-to-exceed amount of $60,000 per one-year extension period (Exhibit No. 1).
Additionally, the City Council is requested to review and provide direction on the Subcommittee’s recommendations of potential firms for an award of a contract for state legislative advocacy services (Recommendation Item 3). If the Council selects a firm for the award of state legislative advocacy services, a contract with the successful firm will be prepared and brought back to the City Council for approval at the next meeting.
Finally, the Subcommittee recommends issuing a notice of contract termination letter to Townsend Public Affairs, Inc. (“Townsend”), the firm which is currently under contract with the City to provide both federal and state legislative advocacy services. Approval of this recommendation (Recommendation Item 4) would direct staff to issue the necessary 30-day notice of termination letter to Townsend to terminate Townsend’s contract with the City.
II. RECOMMENDATION
Recommendation
1. APPROVE the proposed contract services agreement with Kiley & Associates for federal legislative advocacy services for an initial three-year term, with two City options to extend for additional one-year periods thereafter, for a not-to-exceed contract sum of $60,000 annually, or $180,000 for the initial three-year term (Exhibit No. 1; the Agreement”);
2. AUTHORIZE the Mayor to execute the Agreement following approval as to form by the City Attorney;
3. DISCUSS the Subcommittee’s recommendations of proposed state legislative advocacy firms, SELECT one of the recommended firms in accordance with CMC 2611(c) for an award of a contract services agreement, and DIRECT staff to prepare a contract services agreement with said firm for subsequent City Council approval; and
4. DIRECT staff to issue a notice of contract termination letter to Townsend Public Affairs, Inc.
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III. ALTERNATIVES
TAKE another action the City Council deems appropriate.
IV. BACKGROUND
At the April 21, 2020, City Council Meeting, the City Council gave direction for staff to initiate a RFQ process to identify qualified firms that could provide legislative advocacy services for the City. Townsend Public Affairs, Inc. (“Townsend”) is currently under contract with the City to provide both federal and state legislative advocacy services and has been under contract with the City since 2011. The first contract with Townsend, including amendments to the consideration and duration, covered January 1, 2011, through June 30, 2014. The second contract with Townsend covered May 21, 2014, through December 31, 2014, and was issued after the City conducted a RFP process without identifying another firm. The third contract with Townsend, including amendments to the consideration and duration, covered January 1, 2015 through June 30, 2018. The fourth and current contract with Townsend began on July 1, 2018.
As part of the recent RFQ process, the City received three separate types of RFQ submissions pursuant to the solicitation process, as follows: (i) federal services only - two responses received; (ii) state services only - seven responses received; and (iii) state and federal services combined - three responses received (Exhibit Nos. 2-13). The Subcommittee elected not to consider the bids to provide state and federal advocacy services combined, as it agreed it would be in the best interest of the City to hire separate firms to provide federal and state legislative advocacy services, respectively.
Federal Legislative Advocacy - Selection Process
The Subcommittee reviewed the two bids submitted for federal legislative advocacy services, absent pricing, and determined that Kiley & Associates is the most qualified firm. This recommendation is based upon the professional experience of the firm, the strategic location of the firm in Washington, D.C., and the familiarity of the firm with the City of Carson. The cost proposal from Kiley & Associates includes an annual not-to-exceed consideration of $60,000.00 with a monthly rate of $5,000.00. The other firm, LM5, proposes an annual not-to-exceed consideration of $120,000.00 with a monthly rate of $10,000.00. The bids submitted by Kiley & Associates and LM5 are included in the Exhibits for reference.
Also, staff conducted independent reference checks for Kiley & Associates by contacting three of their clients, which included the City of South Gate, the State of New Mexico, and Global Technical Systems. Some highlights from the reference checks regarding the services of Kiley & Associates included:
• Providing ongoing COVID-19 updates to the City of South Gate, including advocacy that secured approximately $3M in funding from the Department of Housing and Urban Development, and their management of a situation pertaining to a railroad right-of-way cleanup effort in the City;
• Developing letters of support/opposition;
• Identifying and sending information from federal government agencies as it was being published; and
• Providing high-quality work without missing deadlines.
As set forth in the proposed contract services agreement with Kiley & Associates, the scope of work would include, but not be limited to, the following services:
• Writing and submitting letters of support/opposition for the City of Carson;
• Working to raise Carson’s profile with the California Congressional delegation, federal agencies, Congress and the Executive Branch;
• Working to protect Carson’s interests by changing laws or federal regulations;
• Coordinating with the dedicated day-to-day point of contact on identifying and refining Carson’s top project and policy priorities for the City’s federal agenda such as securing federal and state money for transit projects, roadway expansion, street repairs, tourism, and policy making;
• Building support for objectives and resources needed from Congress;
• Targeting key allies and influential lawmakers, Congressional Committees and Executive Branch policy makers;
• Developing a federal grants strategy and regularly updating the City on federal grant opportunities and issues that are pertinent to the City’s legislative priorities;
• Representing the City at Congressional and Executive Branch meetings and hearings;
• Coordinating an annual trip for Carson elected officials and staff to Washington, D.C. to meet with the Congressional delegation, White House officials and key staff in the federal agencies;
• Coordinating briefings for Carson with the Congressional staff, federal agency officials and other influential private sector political decisionmakers; and
• Helping with issues that have a federal nexus, including providing comments on federal regulations, connecting City officials to federal agency professionals and providing expertise on federal grant programs.
Should the City Council concur with Subcommittee’s recommendation, Kiley & Associates would be awarded a contract (Exhibit No. 1) to replace Townsend with respect to provision of federal legislative advocacy services.
State Legislative Advocacy - Selection Process
After reviewing the qualifications and bidding materials provided by the seven firms for providing only state legislative advocacy services, absent pricing, the Subcommittee selected four firms to interview based on their perceived ability to provide tailored and Carson-focused legislative advocacy services. Out of the four firms that were interviewed by the Subcommittee, Lucien Global and Leal Trejo - Legislative Advocacy Group, were the two most preferred firms. This selection is based on the firms’ existing knowledge of Carson and their perceived ability to advocate on behalf of the City in Sacramento. One member of the Subcommittee identified a third firm, IDEATE California, as being qualified while the other Subcommittee member did not. The Subcommittee requests the City Council review the submissions included in the Exhibits and provide input on selecting one of these three firms (Lucien Global, Leal Trejo - Legislative Advocacy Group, and IDEATE California) for providing state legislative advocacy services.
Procurement Standard
Carson Municipal Code Section 2611(c) provides that the procurement of professional services shall be based on demonstrated competence, the professional qualifications necessary for satisfactory performance of the required services, and a fair and reasonable price, after notice to a number of potential offerors adequate to permit reasonable competition consistent with the nature and requirements of the procurement. The proposed legislative advocacy services are professional services, so any award is required to be made in accordance with Section 2611(c).
Termination of Townsend Contract
Lastly, the Subcommittee agreed that it would be appropriate for the City to terminate the existing contract with Townsend in its entirety at this time, despite the fact that the proposed award to Kiley & Associates is for federal legislative advocacy only, and thus to not have a state legislative advocacy consultant under contract during the interim period until a contract with one of the proposed new state legislative advocacy consultants is approved and executed. Approval of the recommendation (recommendation item no. 4) would direct staff to terminate the Townsend contract.
V. FISCAL IMPACT
The cost proposal as provided by Kiley & Associates includes an annual not-to-exceed consideration of $60,000.00 and a $5,000.00 monthly rate for federal legislative advocacy services.
Should the City Council select a firm to provide state legislative advocacy services, the cost would depend on which firm is selected.
VI. EXHIBITS
1. Proposed Contract Services Agreement with Kiley & Associates (pgs. 7 - 32)
2. Kiley & Associates (federal) (pgs. 33 - 53)
3. LM5 (federal) (pgs. 54 - 66)
4. Lucien Global (state) (pgs. 67 - 92)
5. Leal Trejo - Legislative Advocacy Group (state) (pgs. 93 - 106)
6. IDEATE California (state) (pgs. 107 - 125)
7. Renne Public Policy Group (state) (pgs. 126 - 150)
8. Balance Public Relations (state) (pgs. 151 - 159)
9. Joe A. Gonsalves & Sons (state) (pgs. 160 - 177)
10. Townsend Public Affairs, Inc. (state) (pgs. 178 - 199)
11. Nossaman (state and federal combined) (pgs. 200 - 235)
12. Strategies 360 (state and federal combined) (pgs. 236 - 252)
13. Townsend Public Affairs, Inc. (state and federal combined) (pgs. 253 - 279)
Prepared by: Michael George, Assistant to the City Manager