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Home My WebLink AboutAdvocation, Inc. - 2001-10-15® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 07/01/2007 THROUGH 09/30/2007 CUMULATIVE PERIOD BEGINNING 01/01/2007 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF A B 1/5 FOR OFFICIAL USE ONLY BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART 1- LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) AB1459 441 823 934 1355 1338 1634 & 1597 SB 186 258 286 303 6198571000& 1028 & SCA 12 ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 12366,66 C. Total Activity Expenses (Part III, Section C) ......................... .................................................... .............................. $ 0.00 D. Total Other Payments to Influence (Part III, Section D)..... .......... ............... ...................................... -.................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 12366.66 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached pX No campaign contributions made this period VERIFICATION 1 have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) At (City and State) 10129/20(07 1 Huntington Beach CA Name of Employer or Responsible Officer (type or Ms Patricia Dapkus B (Si nature of Employer or Responsible Officer) Ms Katncia Dapkus Title Senior Dept. Analyst CAL2PDF Version3.9 2/5 PERIOD COVERED: 07/01 /2007 09/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole Prpqident ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This (2) Cumulative TotalPeriod To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 18549.99 0.00 0.00 12366.66 55649.97 If more space is needed, check box and attach TOTAL THIS PERIOD (Column 4)Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 12366.66 3/5 PERIOD COVERED: 07/01 /2007 09/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position of Reportable Persons and Description of Consideration Total Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 4/5 PERIOD COVERED: 07/01 /2007 02/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount $ If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 07/01/2007--09/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF CALIFORNIA 1993 FORM4 �~ :✓ 5/5 For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Deport as a lump sum ................................................ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ O.OQ activity (excluding overhead). Report as a lump sum. ..................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below. ........................... $ 12366.66 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 a ADVOCATION October 12,-20077 Ms. Pat Dapkus City of Huntington Beach Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: Third Quarter 2007 Lobbying Information Dear Ms. Dapkus: The Third Quarter 2007 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by October 31, 2007. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments Made to Advocation, Inc. During July, August or September, 2007: Your Check Date Quarter Paid Fees Expenses 7/20 3rd 6,183.33 -0- 8/24 3rd 6,183.33 -0- Total Fees: 12,366.66 Total Expenses: -0- Grand 'Total: 12,366.66 �f 1121 L Street, Suite 610, Sacramento, CA 95814 w%,vw.acivocation-inc.com Tel: 916.447.8229 Fax: 916.447.3447 October 12, 2007 Page Two Legislation or Agency Actions Actively Lobbied During July, August or September 2007: Bills: AB 441, 823, 934, 1355, 1338, 1459, 1597, 1634 SB 258, 286, 303, 619, 857, 1000, 1028, SCA 12 Issues/Agency: Legislature & Governor's office: Prop. 113, Prop. 42 & budget in ., i eff rt t provideti s, 1' +i...,. Ir � listed t/ z u v�� O �ia1„ iif,^�ifT'iatiGli in a �uiieiy iuSti1i3i1, ti��c,U above are all payments received by Advocation as of September 30, 2007. It is possible that you have made additional payments to Advocation that were not received in our office by September 30, and therefore are not listed above. Please be reminded that any of your checks dated in July, August or September 2007 must be added to the above information and reported on your third quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Carole Wilson Advocation, Inc. ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 04/01/2007 THROUGH 06/30/2007 CUMULATIVE PERIOD BEGINNING 01/01/2007 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvina Disclosure Provisions of the Political Reform Act. A B 1/5 FOR OFFICIAL USE ONLY NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) AB1459 441 823 934 1355 1338 1634 & 1597 SB 186 303 857 1000 & 1028 & SCA 12 ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1) ................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 18549.99 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 18549.99 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part Iv completed and attached ❑X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) 07/17/2007 At (City and State) Huntington Beach CA By (Signature of Employer or Responsible Officer) Patricia Dapkus Name of Employer or Responsible Officer (Type or Print) Title Patricia Dapkus I Senior Dept. Analyst CAL2PDF Version3.9 2/5 PERIOD COVERED: 04/01 /2007 06/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole Prpqidpnt ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 18549.99 0.00 0.00 18549.99 43283.31 If more space is needed, check box and attach TOTAL THIS PERIOD (Column 4) Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 18549.99 3/5 PERIOD COVERED: 04/01/2007 06/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity $ $ H If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) I �i 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) 2. OTHER PAYMENTS $ 0.00 $ 0.00 TOTAL SECTION D (1 + 2) Also $ enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 111 4/5 - •. • - . �� • I 112WITY1111115A NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. ' Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 04/01/2007--06/30/2007 NAME OF FILER: HUNTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum .................................................... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 18549.99 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 July 14, 2007 Page Two Legislation or Agency Actions Actively Lobbied During April, May or June 2007: Bills: AB 441, 823, 934, 1355, 1338, 1459, 1634 SB 286, 303, 857, 1000, 1028, SCA 12 Issues/Agency: Legislature & Govenmoes office: Prop. 1B, Prop. 42 & budget In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of June 30, 2007. It is possible that you have made additional payments to Advocation that were not received in our office by June 30, and therefore are not listed above. Please be reminded that any of your checks dated in April, May or June 2007 must be added to the above information and reported on your second quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Carole Wilson Advocation, Inc. Ms. Pat Dapkus City of Huntington Beach Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: Second Quarter 2007 Lobbying Information Dear Ms. Dapkus: The Second Quarter 2007 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by July 31, 2007. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments Made to Advocation, Inc. During April. Mav or June. 2007: Your Check Date Quarter Paid Fees Expenses 4/27 2nd 6,183.33 -0- 5/25 2nd 6,183.33 -0- 6/22 2nd 6,183.33 -0- Total Fees: 18,549.99 Total Expenses: -0- Grand Total: 18,549.99 1121 L Street, Suite 610, Sacramento, CA 95814 ww v.advoeation-inc.com j Tel: 916.447.8229 , 1{( Fax : 916.447.3447 Council/Agency Meeting Held: Deferred/Continued to:— iJYApproved ❑ Conditionally Approved ❑ Denied 4t, s f. City Clerk's Signature Council Meeting Date: Sept. 18, 2006 1 Department ID Number: AD 06-26 1 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Councilwoman Jill Hardy, Chair on behalf of Intergovernmental Relations Committee Members, Mayor Pro Tern Gil Coer, r, & Councilman Don Hanse PREPARED BY: Patricia Dapkus, Department Analyst Senior �JA9 SUBJECT: Approve a One -Year Extension of the Contract with Advocation, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of a one year extension to the contract with Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues. Funding Source: Funds for the Contract have been budgeted in the 2006-07 fiscal year budget in the General Fund Administration's Account #10030201.69365. The total cost for this contract,as amended is not to exceed $70,000. Recommended Action: MOTION 1 Approve waiving Municipal Code 3.03.120, prohibiting the extension of an agreement beyond three years; 2 Approve extending the contract with Advocation, Inc.; and 3 Authorize the -Mayor and City Clerk to execute Amendment #4 to the contract bEfteen the City and Advocation, Inc. W � CA) Mq i ; O Alternative Action: `-� I € j Do not approve the amendment and direct staff accordingly. IT n N y Q Ea REQUEST FOR COUNCIL ACTION MEETING DATE: Sept. 18, 2006 DEPARTMENT ID NUMBER: AD 06-26 Analysis Advocation, Inc. has represented the City in Sacramento during four of the most economically challenging years in the state's recent history. During this period they have worked closely with the Intergovernmental Relations Committee, Administrative staff, the City Treasurer and the state League in identifying state legislation that would impact the city. Advocation has become an essential component to the City's presence in Sacramento; they have established relationships with legislators that allow them to have one-on-one conversations with them or their staff. Having Advocation as our representative in Sacramento helps the City stay a step ahead in identifying legislation that could negatively impact the city. It allows us to have representation in legislative hearings at times when it would be impractical to send a member of staff or City Council. This is particularly important when legislation begins to move with little notice. Advocation has also been able to provide us copies of draft bills and initiatives often before they are available online, and they provide timely analysis of critical legislation such as the state budget. This past year Advocation has kept us informed on the initiatives being put forth through both the legislative process and the petition process. They have also tracked several bills of interest to the city and closely monitor Senator Simitan's Legislative Resolution (SCR 60) that would have declared Santa Cruz as the official "Surf City, USA" for the State of California. Advocation has requested an increase to $70,000 all-inclusive. The Intergovernmental Relations Committee is recommending that the City Council waive the requirement to go out to bid, and extend Advocation's contract for an additional year with this increase. Environmental Status: N/A Attachment(s): RCA Author: P.Dapkus Advocations Contract RCA - Sept. 2006.doc -2- September 5, 2006 3:15 PM ATTACHMENT #1 AMENDMENT NO.4 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT No. 4 is made by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement as follows, NOW, THEREFORE, it is agreed by City and Consultant as follows: ITV llu 100] li-0 Dl 1191I Alt d KI I$) 6 Paragraph 3 TIME OF PERFORMANCE of the Original Agreement is hereby amended to provide for an additional period of one year. The Original Agreement shall now terminate on September 30, 2007, unless further extended by mutual written agreement of the parties, or sooner terminated as provided in the Original Agreement. 2. - COMPENSATION Paragraph 4 COMPENSATION shall be amended to pay Consultant a fee for said additional one-year period. The total compensation, including out-of-pocket expenses, to be paid to Consultant under this Amended Agreement No. 4 shall not exceed Seventy Thousand Dollars ($70,000.00). City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) 06458/3769 1 Dollars ($4,200.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on lg 200 ADVOCATION, INC. U By: C iAAI L" L. print name ITS: (circle one) Chairma residen ice President AND By: print name CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk ITS: (circle one) Secretary hief Financial Office /Asst. APP OVED AS TO FORM: Secretary - Treasurer ,/� n City ttorney 1 REVIEWED AND APPROVED: A Z'�' 6!e4 ty Administrator 06-458/3769 2 ATTACHMENT #2... CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION Name/Title/Department of Requesting Staff Member Administration 2. Date of Request 08/28/06 Name of Contractor/Permittee- Acvocation, Inc. 4. Description of work to be performed Lobbyist for City in Sacramento, CA 5. Value of Contract $90,000 Length of Contract 7. Type of Insurance Waiver or Modification Requested: Waive Insurance Requirement (a) Limits: (b) Coverage 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? No 9. Reason for Request for Waiver or Reduction of Limits Contract does not create a liability 10. Identify the risks to the City if thi u for w fiver or modifications granted None Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve Deny Risk Manager's Signature/Date (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date Lh Settlement Committee approval (is] [is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's Office to be -placed on the agenda. Recommendation: Approve Deny City. Council approval (is] [is not] required for this waiver. If City Council approval is required, attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initials: ATTAC��H.M.ENT�.�#3 I'CEIVEb - PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTriGTON BEACH AND ADVOCATION, INC., : FOR LOBBYING SERVICES. NOV - 2 20D1 . I AADDMINHS7 t& pFB�ICH Table of Contents IScope of Services ... :.................................................................................................. 1 2 City Staff Assistance ................................................ ................ ........................2 3 Time of Performance...............................................................................................2 4 Compensation ......................................................................................... ........2 5 Extra Work................................................................................... .......................3 6 Method of Payment...................................................................:..............................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.....................................................................................................4 9 Professional Liability Insurance...............................................................................4 . 10 Certificates of Insurance ............................................................................ .....5 .11 Independent Contractor........................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation.....................................................................................6 14 Copynghts/Patents ........................... .. ........... ... .7 15 City $mployees and -Officials ................ ............:.......................................................7 16 Notices......:..............................................................................................................7 17 Modification.........................................................................................................7 18 Section Headings.....................................................................................................8 19 Interpretation of this Agreement.............................................................................8 20 Duplicate Original....................................................................................................8 21 Immigration............................................................................................................9. 22 Legal Services Subcontracting Prohibited...............................................................9 23 Attorneys Fees.........................................................................................................9 24 Governing Law and Venue................................................................................ ..9 25 Entirety........................................................................................10. } PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING .SERVICES THIS AGREEMENT ("Agreement") is made and entered into this I"' day of Octobek,'2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as -"CITY," and ADVOCATION, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, -CITY desires to engage the services of a consultant to provide lobbying services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service : contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exbibit "A," which is attached hereto and incorporated into•this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." . CONSULTANT hereby designates Charles Cole, who shall represent -it and be its sole contact and agent in all -consultations with CITY during the performance. of this Agreement, and will act as the principal lobbyist for the City of Huntington Beach on a day-to=day basis. Don BrOwn, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's PDA12001Agree/Advocation I RLS 2001-0815 10-30-01 workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. -2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3.. TIME OF PERT~ ORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelve months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit' "•A".are generally to be:shown in Exhibit "A." This scliedule xnay be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services.described herein, CITY agrees to pay CONSULTANT as follows: a. For the period of October 1, 2001 through March 31, 2002: a fee of Four Thousand One Hundred Sixty-seven Dollars ($4,167.00) per month. b. For the period of April 1, 2002 through September 30, 2002: a fee of Four Thousand Five Hundred Eighty-three Dollars ($4,583.00) per month. C. For the period of October 1, 2001 through *September 30, 2002, CITY also agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of this Agreement in an amount not to exceed Four Thousand Dollars (S4,000.00) including, but not PDA/2001 AgredAdvocation 2 RLS 2001-OS 15 10-30-01 limited to, costs for telephone, postage, photocopying and other reasonable expenses. CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld.'. •CITY shall have to option to extend this Agreement for the •12-m6nth period of d. October 1, 2002 through September 30, 2003. If CITY chooses to exercise this option and extend this Agreement, CITY shall so notify CONSULTANT in writing no later than September 15, 2002. If CITY chooses to extend this Agreement for the additional 12month period, CONSULTANT shall be entitled to a fee of Five Thousand Dollars ($5,000.00) per month for said additional 12- month period. CONSULTANT shall also be entitled to be reimbursed for its reasonable expenses incurred in the performance of this Agreement (as set forth in Section 4(c) above) during the said additional 12-month period in an amount not to exceed Four Thousand Dollars-($4,000.00). CONSULTANT shall submit all requests for expense reimbursements to CITY foi approval; which approval shall not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit'W' or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF -PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, PDAJ2001 AucdAdvocation 3 RLS 2001-0815 10-10-01 computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur.first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless' CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations coniained in this Agreement by'CONSULTANT; its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the PQA/2001 Agree/Advocmion 4 RLS 2001-081 5 10-30-01 express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A:.. ; The policy retroactive date coincides.with or precedes the initiation.of the scope of work (includingsubsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 1 Q.. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall_: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. PDAl2001 Agree/Advocation 5 RLS 2001-08I a 10-30-01 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to -demand the original. or a copy of all these policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses,: if any, in connection with the PROJECT and/or the services to be performed hereunder.:. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any tennination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become -its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be . delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment or delegation is approved, all approved PDA/200I Agree/Advtxation 6 RLS 2001-081 5 10-30-01 subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. .14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item of material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: City Administrator 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Advocation, Inc. ATTN: Charles Cole, President 1121 L Street, Suite 610 Sacramento, CA 95814 17. MODIFICATION . No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. PDA,2001 AgreefAdvotation 7 RLS 2001-0815 10-30-01 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are'not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement:. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any. act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent. necessary to. bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the PDA/2001 Agree/Advocation RLs 2001-0815 date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immfgratioh-and . naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. S 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall. not beeliable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 24. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws -of the State of California. PDA/2001 Agree/Advocation 9 RLS 2001-0815 10-30-01 25. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether'oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT: ADVOCATIONS, INC. A California corporation ,y- - 0 64% �- tq ax tes L. Cole print name ITS: (circle one) Chairma resi:d&.Viee President AND 111 LYtirt✓stE yk. A �7 L-2Iri\ � print name ITS: (circle one) Secretaqlhief Financial Offic Asst. Secretary— Treasurer PDA/2001 Agree/Advocation 10 RLS 2001-0515 10-30-01 CITY OF HUNTINGTON BEACH, a municipal corporation -of the State of California 62" .12 City -'Administrator (only for contract over $50, 000.00) APPROVED AS TO FORM: pit�'lir 3�,_vl City Attomey? Ot to 0 ( \ INITIATED, REVIEWED AND APPROVED: Administrator ayor ATTEST: ;City Clerk EXHIBIT A Scope Of Services WORK PLAIN . . The following is Advocation's Scope of Services for the City of Huntington Beach: l . Representing the City of Huntington Beach in meetings or hearings with State. agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. _ 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support.to lobby aggressively majorr priority issue. areas. Support would include proactively searching for potential legislative vehicles. relating to those topics and affecting the outcome of those proposals. 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. Delivering letters, as directed by the City of Huntington Beach, to appropriate committees and members of the -Legislature, as well as to executive departments. and/or State officials. S. Preparing briefing materials, provide briefing/meeting space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies (and, as reasonably available, pertaining to Federal agencies and legislation), as they affect the City of Huntington Beach's legislative program. t Exhibit A 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g., spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the City of Huntington Beach's legislative goals. 11. Any reports, information, date, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one'support staff member. All staff costs will be paid for by Advocation. 13. Contact appropriate City staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in -conjunction with your staff for, comprehensive screening and action. 15. Advocation's Iegislative unit will maintain a "Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18: Advocation will visit and make presentations to the City of Huntington Beach on State legislative activities on an as -needed basis, but at least once annually. 2 Exhibit A EXHIBIT B Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; -.3) Show the.total -am ount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for .extra work or additional services. authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all.of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably „-ithheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Contract with Advocation, Inc. COUNCIL MEETING DATE: September 18, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAR ED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 4, 2006 Advocation, Inc. Attn. Charles Cole 1121 ' L" Street, Suite 610 Sacramento, CA 95814 Dear Mr. Cole: Enclosed is a duly executed copy of Amendment 44 to the Agreement between the City of Huntington Beach and Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues. Sincerely, an L. Flynn City Clerk Enclosure: Agreement G: fol lowup: agrmtltr ( Telephone: 714-536-5227 ) ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 1 f1/ni 19nnR THROUGH 12/31 /9nnF'i CUMULATIVE PERIOD BEGINNING 01/01/2006 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvina Disclosure Provisions of the Political Reform Act NAME OF FILER: HUNTINGTON BEACH CITY OF A B 1/5 FOR OFFICIAL USE ONLY BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. Box 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) 926 SB 9561 B0 126 2987 3101AB 252 2922 B 888 AB 463 AB 802 AS 2117AB12525 AB 2836 CR 131 SCR 60 SCR 69 SB 153 SB 300 SB ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 12366.66 C. Total Activity Expenses Part III, Section C ...................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 12366.66 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached �X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. 1 have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules Is true and complete. 1 certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) 01 /29/2007 tame of Employer or Responsible Officer (Type or Ms' Patricia Dapkus At (City and State) Huntington Beach CA 8 (Signature of Employer or Responsible Officer) Ms Patricia Dapykus Title Senior Dept. Analyst CAL2PDF Version3.9 2/5 PERIOD COVERED: 10/01 /2006 12/31 /2006 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole Prpsiripnt ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 16800.00 0.00 0.00 12366.66 62766.66 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 12366.66 3/5 PERIOD COVERED: 10/01 /2006 12/31 /2006 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position of Reportable Persons and Description of Consideration Total Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed $ 0.00 Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 4/5 -•. - . 10& NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 10/01/2006--12/31/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum .................. ....... ......................... . $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum ...................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 12366.66 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 if more space is needed, check box and attach continuation sheets. h ets 0 CAL21RDF Version3.9 ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) 1/5 or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616A) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 07/01/2006 THROUGH 09/30/2006 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2006 A TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbying Disclosure Provisions of the Political Reform Act, NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverses.) 220o gg 926 SB 9561SB0 126 AB 23101AB 25251 888 AB0463 AB2802 AB22117 AB12525 AB 2836 CR 131 SCR 60 SCR 69 SB 153 SB 300 SB If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part 111, Section B, Column 4)......................................................................... $ 16800.00 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 16800.00 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached QX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) At (City and State) BY (Si nature of Employer or Responsible Officer) 10/30/2006 Huntington Beach CA Ms �atricia Dapkus Name of Employer or Responsible Officer (Type or Print) Title Ms Patricia Dapkus Senior Dept. Analyst CAL2PDF Version3.9 2/5 �•� • � � 1 1 11. 1• 1 11. NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS' (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 16800.00 0.00 0.00 16800.00 50400.00 TOTAL THIS PERIOD (Column 4) ❑ If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 16800.00 3/5 PERIOD COVERED: 07/01/2006 09/30/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Description of Total Date Name and Address of Payee p of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity $ $ If more space is needed, check box and attach continuation sheets. TOTAL SECTION C (Activity Expenses) Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) 2. OTHER PAYMENTS $ 0.00 $ 0.00 TOTAL SECTION D (1 + 2) Also $ enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enterthe total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 1 11 1 11 I 1 11 I LEAGUE OF CALIFORNIA CITIES CONFERENCE REGISTRATION CONFIRMATION Conference" 2006 Nov 16 Leg Briefing To Patricia. Dapku.s Senior- Dept. Analyst City of Huntington Beach 2()00 Main Street Huntington Beach, CA ?264 Registrant: Pat Patricia Daspkus Senior Dept. Analyst Huntington Beach REGISTERED FOR Full Registration Method of Payment" VISA Payment RFCRIVRD ci7yo��r 2006 AbtiflA/S"N) pNpFAStq j E THIS IS NOT AN INVOICE Date" 10/ 4/:-'006 QUANTITY TOTAL 1 $140.00 $140. 0tj REFUNDS ONLY UPON RECEIPT OF WRITTEN CANCELLATION BY D DATE AND SUDti ECT TO PROCESSING FEE If the above information is not correct please notify" League of California Cities Conference Registration Office 1400 K Streets 4th floor Sacramento, Ca 95814 916-658-•8'91. 4/5 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 1 1 11. 1• 1 11. NAME OF FILER: HUNTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum . ................................................... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 0.00 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 i ® REORT OF LOBBYISTEMPLOYER (Government Code Section 86116) 1/5 ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616A) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report: REPORT COVERS PERIOD FROM 04/01 /2006 THROUGH 06/30/2006 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2006 A TYPE OR PRINT IN INK. B For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. Box 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) SCR 60 AB 1940 AB 2987 AB 1209 AB 2922 SB 1206 SB 1210 AB 2015 AB 1873 ACA 1 3 ACR 131 SCR 60 SCR 69. SB 153 SB 300 SB 926 SB 956 SB 1126 AB 2310 AB 2525 AB 888 AB 463 AB 802 AB 2117 AB 2525 AB 2836 If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to, In -House Employee Lobbyists (Part III, Section A, Column 1)..................... ......................... :.... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)................................ .................................. :...... $ 16800.00 C. Total Activity Expenses (Part IIh Section C) .................................................................................�.......................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above) $ 16800.00 E. Total Payments in Connection with PUC Activities (Part III, Section E)........................................ I .......................... $ 0.00 F. Campaign Contributions:. ❑ Part IV completed and attached 0 No camp ign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the fore oing is true and correct. Executed on (Date) 07/27/2006 At (City and State) City of Huntington Beach CA B n (Si ature of Employer or Responsible Officer) US �'atncla Dapkus Name of Employer or Responsible Officer (Type or Print) Title Ms Patricia Dapkus Senior Analyst PERIOD COVERED: 04/01 /2006 06/30/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORT REPORT (See instructions on reverse.) " (FORM 615) ARE ATTACHED TO THIS Name and Title Name and Title Officer Charles Cole Prpsidpnt ❑ if more space is needed, check box and attach continuation sheets. PART III.- PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A: PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $.: _ 0.00 B. ' PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) Name and Address of Lobbying Fees& Reimbursements Firm/Independent Contractor Retainers of Expenses Other (at (3) (4) (5) Advances or To4af Cumulative Payments This Period Total to Date ach"explanation) Advocation Inc. 1121 L Street Suite 610 16800.00 0.00 0.00 .16800.00 33600.00 If more space is needed, check box and attach TOTAL THIS PERIOD (Column) ❑ Also enter the total of Column 4 on Line continuation sheets Summary of Payments section on pE B of the $ 16800.00 ge 1, I 3/5 PERIOD COVERED: 04/01/2006 06/30/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY -EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTAq SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete, ' Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. .OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) PERIOD COVERED NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV --CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary made to or on behalf of state candidates, elected state officers and any of their controlled comrr candidates or officers must be reported in A or B below.) campaign contributions of.$100 or more. ittees, or committees "supporting such - A. If the contributions made, by you during the period covered by this report, or in a campaign disclosure statement which is on file with the Secretary of. Stat identification number, if any; below. Name of Major Donor or Recipient Committee Which Has Filed A Campaign Disclosure Statement: y a committee you sponsor, are contained , report the name of the committee and its 'Identification Number if" Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign made by an organization's sponsored committee, must be itemized below. isclosure statement, including contributions Date Name of Recipient I.D. Number.if Committee Amount $ It more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any bligation to file the campaign disclosure statements required by Gov. Code Section 4200, et seq. t ATTACHMENT FORM 640 • Attachment Form 640 • (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 04/01/2006--06/30/2006 NAME OF FILER: HONTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas. a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum ............................. 0.00 (Form 630 must be attached) 3....Total payments of less than $250 during the calendar quarter for lobbying, $ 0.00 activity.(excluding overhead). Report as a lump sum............................................................. :..:...... 4. Total payments of more than $250 during the calendar quarter for lobbying activity. (excluding overhead).' Such payments must be itemized below ........................... ..... $ 0.00 5. Grand total of "Other Payments to Influence'Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid o the payee since.January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organiza ion that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the.quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered y the report. Name & Address of Payee Amount This Cumulative Amount Quarter. Since January 1 Subtotal of all payments itemized above L 0.00 M, Fj If more space is needed, check box and attach --SO continuation sheets: Roberts, Robin opot,60r\ 02W)e- �-ICA �-o From: Dapkus, Pat Sent: Thursday, July 27, 2006 9:31 AM To: Roberts, Robin Subject: Advocation FPPC Filings FPPC Filins need to go with the Advocation contract approved E-2. (City Council) Waive Municipal Code Section 3.03.120 and One -Year Extension of the Professional Services Contract betwe and Advocation, Inc. to Assist the City in Acquisition of State Fui the City and Related State Legislative Issues (600.10) - 1. Apprc prohibiting the extension of an agreement beyond three years; and 2, with Advocation, Inc.; and 3. Authorize the Mayor and City Clerk to e contract between the City and Advocation, Inc. Submitted by the May Intergovernmental Relations Committee Members Coerper and Bohr. Contract have been budgeted in the 2005-06 fiscal year budget in the Account #10030201.69365. The total cost for this contract amendme Approved 7-0 Pat Dapkus City of Huntington Beach (714) 536-5579 (714) 536-5233 (Fax) bDo.1- 10/3/06 kpprove Amendment No. 3, a n the City of Huntington Beach ling for Priority Projects Within fe waiving Municipal Code 3.03.120, Approve extending the contract ecute Amendment No. 3 to the �r/Chair on behalf of Funding Source: Funds for the General Fund Administration's t is not to exceed $67,200. ® R RT OF LOBBYIST EMPLOYE 0 QP_ (GovernmentCode Section 86116) 1/5 or ❑ REPORT OF LOBBYING COALITIO (2 Cal. Code of Regs. Section 18616.4) . FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 01/101/2006 THROUGH 03/31/2006 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2006 A TYPE OR PRINT KINK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. Box iso HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) SCR 60 AB 1940 AB 2987 AB 1209 AB 2922 SB 1206 SB 1210 AB 2015 AB 1832 ACA 1 ACR 131 SCR 60 SCR 69 SB 153 SB 300 SB 926 SB 956 If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists Part III, Section A, Column 1 . B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 16800.00 C. Total Activity Expenses Part III, Section C...................................................::..................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D)........................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 16800.00 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00. F. Campaign Contributions: Part Iv completed and attached ❑X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Rc port and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the fore oing is true and correct. I Executed on (Date) At (City and State) B (Signature of Employer or Responsible Officer) Rs 05/10/2006 Huntington Beach CA Patricia Dapkus Name of Employer or Responsible Officer (Type or Print) Title Ms Patricia Dapkus Senior Analyst 2/5 PART II'- PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT.(See instructions on reverse.): Name and Title - Name and Title Officer, Charles ..Cole :. If more space is needed, check box and attach continuation sheets: PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE "EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and.Address of Lobbying Fees & Reimbursements ' Advances or Firm/Independent Contractor Retainers of Expenses ther Payments a; ach explanation) - (4) (5) Total Cumulative This Period Total to Date. Advocation Mc: 1121 L Street Suite 610 16800.00 0.00 0.00 16800.00 16800.00 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 16800.00 3/5 PERIOD COVERED: 01/01/2006. 03/31/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Total Date Name and Address of Payee Description of of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTA SECTION C (Activity Expenses) $ 0,00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section E on Line E of the Summary of Payments section on page 1. (See instructions on reverse.) • • PERIOD COVERED: ni /01 /9DDR 03/gi /PDDF NAME OF FILER: HUNTINGTON BEACH CITY OF 4/5 PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary made to or on behalf of state candidates, elected state officers and any of their controlled committees, candidates or officers must be reported in A or B below:) campaign contributions of $100 or more or committees supporting such, A. If the contributions made by you during the period covered by this report, or liy in a campaign disclosure statement which is on file with the Secretary of State, identification number, if any, below. Name of Major Donor or Recipient Committee Which Has Filed A Campaign Disclosure Statement: a committeeyousponsor, are contained report the name of the committee and its Identification Number if Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure made by'an organization's sponsored committee, must be itemized below. statement, including contributions Date Name of Recipient I.D. Number if Committee Amount ElIf more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. Attachment Form 640 • (Attachment to Form 635 or Form 645) PERIOD COVERED: 01/01/2006--03/31/2006 NAME OF FILER: HUNTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 . Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum ......................:. $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 ' activity (excluding overhead). Report as a lump sum...................................................................... . . 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below....: ............................:... $ - 0.00 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645...:............................................................ Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organiza ion that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee A ount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00' ❑ If more space is needed, check box and attach continuation sheets. cei gpnF w—i—a o ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 FORM IMPORTANT: Lobbying Coalitions must attach a 1993 . completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 10/01 /2005 THROUGH 12/30/2005 CUMULATIVE PERIOD BEGINNING 01/01/2005 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbying Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF 1/5 FOR OFFICIAL USE ONLY A B BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) None ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part 111, Section B, Column 4)......................................................................... $ 22400.00 C. Total Activity Expenses (Part 111, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 22400.00 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part iv completed and attached ❑X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) 01 /25/2006 At (City and State) Huntington Beach CA of Employer or Responsible Officer) a Dapkus; lame of Employer or Responsible Officer (Type or Print) Title Ms Patricia Dapkus I Senior Analyst CAL2PDF Version3.9 2/5 PERIOD COVERED: 10/0112005 12/30/2005 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 22400.00 0.00 0.00 22400.00 74330.99 h d k b h d d i rTOTAL THIS PERIOD (Column 4) more space s needed, check anattac ❑ If Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 22400.00 3/5 PERIOD COVERED: 10/01/2005 12/30/2005 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Total Date Name and Address of Payee Description of of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity $ $ m 4/5 PERIOD COVERED: 10/01 /2005 19/m/go ).r, NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount ❑ If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 10/01/2005--12/30/2005 NAME OF FILER: HUNTINGTON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other. Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ ............... 2. Total payments to Lobbying Coalitions. Report as a lump sum ............................... ...... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 0.00 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 Ms. Pat Dapkus City of Huntington Beach Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 4th Quarter 2005 Lobbying Information Dear Ms. Dapkus: The Third Quarter 2005 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by January 31, 2006. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments Made to Advocation, Inc. During October, November or December 2005: Your Check Date Quarter Paid Fees Expenses *9/30 0 5,600.00 -0- 11/11 4th 11/18 0 12/16 4tn Total Fees: Total Expenses: Grand Total: 5,600.00 5,600.00 5,600.00 22,400.00 -0- -0- -0- -0- 22,400.00 * If this check was reported in your last quarter, please do not report again and deduct from the above totals. 1121 L Street, Suite 610, Sacramento, CA 95814 w•ww,a dvocat€on-inc.com Tea: 916.447.8229 Fax 916.447.3447 January 13, 2006 Page Two Legislation or Agency Actions Actively Lobbied During October, November or December 2005• Bills: none Issues/Agency: none In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of December 31, 2005. It is possible that you have made additional payments to Advocation that were not received in our office by September 30th and therefore are not listed above. Please be reminded that any of your checks dated in October, November or December 2005 must be added to the above information and reported on your third quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, t. A. Carole Wilson Advocation, Inc. Council/Agency Meeting Held: d 3 0� Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied .��T7 C' Cler s Sigjb6ure e Council Meeting Date: Oct. 3, 2005 Department ID Number: AI44- CITY OF HUNTINGTON BEACH C:' REQUEST FOR COUNCIL ACTION ` w SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS c c-� SUBMITTED BY: Jill Hardy, Mayor/Chair on behalf of Intergovernmental Relations Committee Members, Councilmembers Gil Coerper and Keith Bohr (1f, PREPARED BY: Patricia Dapkus, Department Analyst SenioQ_�_ SUBJECT: Approve a One -Year Extension of the Contract with Advocation, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of a one year extension to the contract with Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues. Funding Source: Funds for the Contract have been budgeted in the 2005-06 fiscal year budget in the General Fund Administration's Account #10030201.69365. The total cost for this contract amendment is not to exceed $67,200. Recommended Action: MOTION 1 Approve waiving Municipal Code 3.03.120, prohibiting the extension of an agreement beyond three years; 2 Approve extending the contract with Advocation, Inc.; and 3 Authorize the Mayor and City Clerk to execute Amendment #3 to the contract between the City and Advocation, Inc. Alternative Action: Do not approve the amendment and direct staff accordingly. REQUEST FOR COUNCIL ACTION MEETING DATE: Oct. 3, 2005 DEPARTMENT ID NUMBER: AD 04-15 Analysis Advocation, Inc. has represented the City in Sacramento during four of the most economically challenging years in the state's recent history. During this period they have worked closely with the Intergovernmental Relations Committee, Administrative staff, the City Treasurer and the state League in identifying state legislation that would impact the city. Advocation has become an essential component to the City's presence in Sacramento; they have established relationships with legislators that allow them to have one-on-one conversations with them or their staff. Having Advocation as our representative in Sacramento helps the City stay a step ahead in identifying legislation that could negatively impact the city. It allows us to have representation in legislative hearings at times when it would be impractical to send a member of staff or City Council. This is particularly important when legislation begins to move with little notice. Advocation has also been able to provide us copies of draft bills often before they are available online, and they provide timely analysis of critical legislation such as the state budget. This past year, Advocation has represented the City in hearings regarding Assemblyman Harman's Condo Conversion bill (AB 14) and they have helped us to get language included in the California Clean Water, Safe Neighborhoods, and Coastal Protection Act (SB 153), which will give acquisition of closed school sites a preference in receiving funding. Most recently, Advocation worked with the Mayor, staff and the Huntington Beach Conference and Visitors Bureau in getting Senator Simitian's Surf City USA Resolution (SCR 60) tabled. The City has renewed the contract with Advocation the past two years without an increase. This year Advocation is requesting a five percent increase. The Intergovernmental Relations Committee is recommending that the City Council waive the requirement to go out to bid, and extend Advocation's contract for an additional year with the five percent increase requested. Environmental Status: N/A Attachment(s): RCA Author: P.Dapkus Advocations Contract RCA - 2005 -2- 9/19/2005 9:06 AM ATTACHMENT #1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH October 5, 2005 Advocation, Inc. 1121 "L" St., Suite 610 Sacramento, CA 95814 Attention: Charles Cole Department: Regarding: Amendment No.3 to Agreement with City See Attached Action Agenda Item E2 Date of Approval 10/3/05 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. 0�- j+q() Joan L. Flynn City Clerk Attachments: Action Agenda Page a Agreement a Bonds o Insurance a RCAF--] Deed F—] Other a e: Pat Dapkus Administration X X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other (Telephone: 714-536-5227 ) AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement as follows, NOW, THEREFORE, it is agreed by City and Consultant as follows: TIME OF PERFORMANCE Paragraph 3 TIME OF PERFORMANCE of the Original Agreement is hereby amended to provide for an additional period of one year. The Original Agreement shall now terminate on September 30, 2006, unless further extended by mutual written agreement of the parties, or sooner terminated as provided in the Original Agreement. 2. COMPENSATION Paragraph 4 COMPENSATION shall be amended to pay Consultant a fee of Five Thousand Two Hundred Fifty Dollars ($5,250.00) per month for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Two Hundred Dollars ($4,200.00). Consultant shall submit all requests for expense reimbursements to City for 05agree/amend 3 advocation approval, which approval shall not be unreasonably withheld. The total compensation, including out-of-pocket expenses, to be paid to Consultant under this Amended Agreement No. 3 shall not exceed Sixty -Seven Thousand Two Hundred Dollars ($67,200.00). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on io&pa Q 3 1 2005. CONSULTANT ADVOCATION, INC. By: - OM4 C"rNgc(_Ls L_' �OL� print name ITS: (circle one) Chairman residen ice President AND By: I '� E 1 e print name ITS: (circle one) Secretary(hief Financial officer Asst. Secretary - Treasurer REVIEWED AND APPROVED: C ty Administrator 05agree/amend 3 advocation 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: IV)- ci� a� City Attorney " INITIATED AND APPROVED: City A ministrator ATTACHMENT #2 CONTRACT BETWEEN PROFESSIONAL SERVICES ANDTI�E{�IT�'(�F3�lJY4]ri��1�}r�oE/�C�� ,INC., . FOR {]1��tz��m.�»~� � ' EIECEIVEb lU kk-��uu/� >h01 �—` ,CITY OF HUNTINGTON SEACH Table of Contents l lScope mf��«rvioea______--_______________ _._____.__ 2 _______________________2 City Staf��^0001uoce--'--''--'-----'''-----~-'.______Z q '[inoemfI»er1oroao�oe---_.^.--___________________^___._______.____�2 ` 4 Compensation 15- CityFmployeesand Officials ................................ l6��mtmcoo--`--------`—~-------_______._. _`_,_____._________7 17 ^~~_'_--- ______.____._._._.___. _________.�7 � l0 ��bo Headings --.--_-�--~_------' 19 20 Duplicate oogo/ul-----~-'-------'—.. 21 T~__.______.____________'9 Immigration.............................................................. 22 Legal Services Prohibited ............................................................... 23 Fees .---^—..._-_--.__________.. �4 ' Law and ''—'-----------'-- .______________.9 ---'--- 2� .._____.._....._____~_--lO ^--''''—'--'~'—'''--'''''--'''''' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this I" day of October, 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ADVOCATION, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide lobbying services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Charles Cole, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement, and will act as the principal lobbyist for the City of Huntington Beach on a day-to-day basis. Don BrOwn, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's ■ PDA12001 Agee/Advocation 1 RLS 2001-0815 10-30-01 workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelve months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT as follows: a. For the period of October 1, 2001 through March 31, 2002: a fee of Four Thousand One Hundred Sixty-seven Dollars ($4,167.00) per month. b. For the period of April 1, 2002 through September 30, 2002: a fee of Four Thousand Five Hundred Eighty-three Dollars ($4,583.00) per month. C. For the period of October 1, 2001 through September 30, 2002, CITY also agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of this Agreement in an amount not to exceed Four Thousand Dollars (S4,000.00) including, but not PDA/2001 Agree/Advocation 2 RLS 2001-0815 10-30-01 limited to, costs for telephone, postage, photocopying and other reasonable expenses. CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. d. CITY shall have to option to extend this Agreement for the 12-m6nth period of October 1, 2002 through September 30, 2003. If CITY chooses to exercise this option and extend this Agreement, CITY shall so notify CONSULTANT in writing no later than September 15, 2002. If CITY chooses to extend this Agreement for the additional 12-month period, CONSULTANT shall be entitled to a fee of Five Thousand Dollars ($5,000.00) per month for said additional 12- month period. CONSULTANT shall also be entitled to be reimbursed for its reasonable expenses incurred in the performance of this Agreement (as set forth in Section 4(c) above) during the said additional 12-month period in an amount not to exceed Four Thousand Dollars ($4,000.00). CONSULTANT shall submit all requests for expense reimbursements to CITY for approval; which approval shall not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, l PDA/2001 Agree/Advocation 3 RLS 2001-0815 10-=0-01 computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. g. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement byCONSUL:TANT, its officers; agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. g. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the ■ PDA/2001 Agree/Advocation 4 RLS 2001-081 5 10-30-01 express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A+ The policy retroactive date coincides.with or precedes the initiation.of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to repo rt claims arising from work performed in connection with this Agreement. 10.. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. PDA/2001 Agree/Advocation 5 RLS 2001-081 5 10-30-01 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all these policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses,. if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment or delegation is approved, all approved ■ PDA/2001 Agree/Advocation 6 RLS 2001-0815 10-30-01 subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other, communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach Advocation, Inc. ATTN: City Administrator ATTN: Charles Cole, President 2000 Main Street 1121 L Street, Suite 610 Huntington Beach, CA 92648 Sacramento, CA 95814 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. PDA/2001 Agree'Adv-ation 7 RLS 2001-081 5 10-30-01 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement'. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict bet%veen any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent. necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the PDA/2001 Agree/Advocauon 8 RLS 2001-0815 10-30-01 date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the imm gratiomand naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall. not be liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees_ 24. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laves of the State of California. PDA/2001 Agree/Advocation 9 RLS 2001-0815 10-30-01 25. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, a ADVOCATIONS, INC. municipal corporation of the State of California A California corporation CBy. � .�� " Cit dmmistrator a-Y l- S - C. o t e- (only for contract over S50,000.00) print name . ITS: (circle one)' Chairma residentNice President APPROVED AS TO FORM: AND pica U I City Attorney By. (0 3 .-1-o 01 print name INITIATED, REVIEWED AND APPROVED: ITS: (circle one) Secrets hief Financial Offic Asst. Secretary — Treasurer Administrator ayor ATTEST: City Clerk PDA/2001 Agree/Advocation 10 RLS 2001-0815 10-.0-01 EXHIBIT A Scone Of Services WORK PLAN The following is Advocation's Scope of Services for the City of Huntington Beach: 1. Representing the City of Huntington Beach in meetings or hearings with State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support to lobby aggressively major priority issue areas. Support would include proactively searching for potential legislative vehicles. relating to those topics and affecting the outcome of those proposals. 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. Delivering letters, as directed by the City of Huntington Beach, to appropriate committees and members of the Legislature, as well as to executive departments. and/or State officials. 8. Preparing briefing materials, provide briefing/meeting space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies (and, as reasonably available, pertaining to Federal agencies and legislation), as they affect the City of Huntington Beach's legislative program. I Exhibit A 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g., spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the City of Huntington Beach's legislative goals. 11. Any reports, information, date, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one support staff member. All staff costs will be paid for by Advocation. 13. Contact appropriate City staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in conjunction with your staff for comprehensive screening and action... 15'. Advocation's legislative unit will maintain a "Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18. Advocation will visit and make presentations to the City of Huntington Beach on State legislative activities on an as -needed basis, but at least once annually. 2 Exhibit A EXHIBIT B Pavment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a. certification by a principal member of CONSULTANT'S firm that the work has been performed in accordance' with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services, authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably v.-ithheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. l Exhibit B SUAIC 1� INSURANCE AND INDEMNIFICATION WAIVER HB MODIFICATION REQUEST 1. Requested by: Patricia Dapkus 2. Date: October 29, 2001 3. Name of contractoripe rmittee: Advocations, Inc. 4. Description of work to be performed: Lobbyist for City in Sacramento 5. Value and length of contract: $112 500 over two years , 6. Waiver/modification request: Professional Liability and Worker's Comp. 7. Reason for request and why it should be granted: Service doesn't warrant such insurance 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature 1.10%2-19/oN Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted: Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management 4Approved El Denied Signature Date 2: City Attorney's Office Q Approved ❑ Denied Signature Date 3. City Administrator's Office (approved El Denied �l�-?-a0al Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services c9 ' °�" �E�J1¢L✓5 �p�-p c �x�l�lJ :s yto �' N-Jvi;r-c 10c,0AM14- �4 �L ' lot J r)rtnhcr 90 9rn l 9-1A PM AMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made and entered into the 6tbday of October .20.03, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION; INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1, 001 entitled "Professional Services Contract Between The City Of Huntington Beach And 2 , which agreement shall hereinafter be referred to as Advocation, Inc., For Lobbying Services," the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional one-year period, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1, EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of one year. The Original Agreement shall now terminate on September 30, 2004, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Orifinal Agreement. City shall pay Consultant a fee of Five Thousand Dollars ($5,000.00) per g mon th for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Dollars ($4,000.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-6392 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: ADVOCATON, INC. a California corporation By: ' 0 (print or type name) . Its: (circle one) Chairma residers ice President CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State f California r Mayor ATTEST City Clerk .o/.oio 3 By: \\ ROVED AS TO FORM: E arc S'Z E ti Arc 2� i 0A �o rint or type name) Its: (circle one Secreta chief Financial Officer/ f� Attom y Ass . ecretary -Treasurer b0 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad istrator City Adminstratoi 2 PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Contract with Advocation, Inc. COUNCIL MEETING DATE: October 3, 2005 RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) STATUS Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) ( ) ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: FfORT OF LOBBYIST EMPLOYER {Government Code Section 86116) 1/4 m or ❑ REPORT OF LOBBYING COALITION (2 Cal Code of Regs. Section 18616.4) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 01/01/2005 THROUGH 03/31/2005 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2005 A TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbvina Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street; BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) None If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 20820.57 C. Total Activity Expenses (Part 111, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section 0).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 20820.57 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached ❑X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on lame of Employer or Responsible Officer (Type or Print) Patricia Dapkus At (City and State) y (Si ature of Employer or Respn Bible Off r) Huntington Beach CA Patri a Da kus' Senior Analyst 2/4 PERIOD COVERED: 01 /01 /2005 03/31 /2005 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole ❑ If more space is needed, check box and attach continuation sheets. PART III -PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (�) Amount This Period .Cumulativtiv e Total: To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or FirmAndependent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 Ram 20000.00 820.57 0.00 20820.57 20820.57 TOTAL THIS PERIOD (Column 4) if more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 20820.57 • 3/4 01 /01 /2005 03/31 /2005 PERIODCOVERED: NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Total Date Name and Address of Payee Description of of Reportable. Persons and Consideration Amount Amount Benefiting Each of Activity �I It more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 4/4 PERIOD COVERED: ni /n1 /9nns n3/31 /9nn5 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure. Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below: Date Name of Recipient I.D. Number if Committee Amount t It more space is needed, check lox and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ADVOCATION April 15, 2005 RECEIVED APR 18 2005 CITY OF HUhTINGTON BEACH City of Huntington Beach ADMINISTRATIVE OFFICE Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: First Quarter 2005 Lobbying Information Dear Ms. Dapkus: The first quarter 2005 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by April 30, 2005. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments Made to Advocation, Inc During January, February or March, 2005: Your Check Date Quarter Paid Fees Expenses * 12/14/04 1st 5,000.00 23.00 2/4/05 1st 5,000.00 15.73 2/25/05 1 St 5,000.00 105.89 3/18/05 1st 5,000.00 675.95 Total Fees: 20,000.00 Total Expenses: 820.57 Grand Total: 20,820.57 * If this amount was reported by you last quarter, do not repeat — if it wasn't, please make sure it is reported this quarter. 1121 L Street, Suite 610, Sacramento, CA 95814 W V V rr CU- -= _ -i: 916.447.8229 -ax: 916.447.3447 • • April 15, 2005 Page Two Legislation or Agency Actions Actively Lobbied During January, February or March, 2005: Bills: AB 14, AB 991, ACA 13 Issues/Agency: none In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of March 31, 2005. It is possible that you have made additional payments to Advocation that were not receivedin our office by March 31, and therefore are not listed above. Please be reminded that any of your checks dated in January, February or March, 2005 must be added to the above information and reported on your first quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Carole Wilson Advocation, Inc. 0 5� CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN. CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: ! QZ-7 —/ O `� TO: -& 1/D C g=n D A) &JO. Name T 'UA l .,LL ~ Sr. SrE. 6/0 CA 9s d IA City, State, Zip ATTENTION: S roz-je-_ DEPARTMENT: See Attached Action Agenda Item -.5 :Date of Approval /0 D Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Jj� � City Clerk Remarks: /syou012—) a g a i A.1 •ac.,c.�t! �i4 i� Attachments: Action Agenda Page Agreement ✓ Bonds Insurance RCA Deed Other Name Department RCA Ageement Insurance Other Name Department RCA Agreement Insurance Other Name Department Name Department Name Department RCA Agreement Insurance Other RCA Agreement Insurance Other RCA Insurance gafollowu p/letters/coveritr.doc (Telephone: 714-536-5227 ) k�l V Council/Agency Meeting Held: 11014104 Deferred/Continued to: Approved ❑ Conditionally. Approved ❑ Denied Y�A4:�� u-v_ ity Jerk Sig ure Council Meeting Date: Oct. 4, 2004 Department ID Number: AD 04-17 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrator PREPARED BY: Patricia Dapkus, Department Analyst Senioo/s SUBJECT: Authorize Execution of a One -Year Extension of the Contract with Advocation, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Authorization to execute Amendment #2 to the contract with Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues. Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget under General Fund Intergovernmental Relations Professional Services Account #10030201.69365. The total cost for this contract amendment is not to exceed $64,000 for the year. Recommended Action: MOTION Authorize the Mayor and City Clerk to execute contract Amendment #2 to the professional services contract between the Advocation, Inc. and the City of Huntington Beach for professional services related to the acquisition of state funds for priority projects and related legislative issues. Alternative Action(s): Do not approve the amendment and direct staff accordingly. 9EQUEST FOR COUNCIL AC%ON MEETING DATE: Oct. 4, 2004 DEPARTMENT ID NUMBER: AD 04-17 Analysis: Advocation, Inc. has represented the City in Sacramento during three of the most economically challenging years in the state's history. During this period they have worked closely with the Intergovernmental Relations Committee, Administrative staff, the City Treasurer and the state League in identifying state legislation that would negatively impact the city's revenue. Of particular note is the role Advocation played during 2002 in conjunction with our City Treasurer, Assemblyman Harman and a consortium of cities in assuring passage of AB 81. Passage of AB 81 protected property tax revenue the City receives as a result of having a power facility located in the city. We depend on Advocation to be the City's eyes, ears, and voice in Sacramento. Having them there helps the City stay a step ahead in identifying legislation that could negatively impact the city. They have been able to provide us copies of draft bills often before they are posted online. They also work closely with our state legislators in moving forward the city's position on legislation such as AB 2690 (excluding volunteers from prevailing wage requirements when working on local public works projects such as Shipley Nature Center). They provide timely analysis of critical legislation such as the state budget. Having them in Sacramento allows us to have representation in legislative hearings when it would be impractical to send a member of staff or City Council particularly when legislation begins to move with little notice. At the City Council meeting of September 7, 2004 the Council approved renewing the contract with Advocation, Inc. for an additional year. This action is simply to authorize the Mayor to execute the contract. Environmental Status: Attachment(s): RCA Author: P.Dapkus N/A 1. 1 Amendment #2 to the Contract with Advocation, Inc. 2. IThe Original Agreement & Amendment #1 to the contract with Advocation, Inc. Advocations Contract RCA - Oct. 2004.doc -2- September 27, 2004 2:32 PM 0 AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional one-year period, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of one year. The Original Agreement shall now terminate on September 30, 2005, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Original Agreement. City shall pay Consultant a fee of Five Thousand Dollars ($5,000.00) per month for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Dollars ($4,000.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. 04agree/amend 2 advocation . ' 2/7ly. 41jLGc._() IrrarV S" 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on '� 0e_7-0 aA 2004. r CONSULTANT ADVOCATION, INC. �? By: [' 14ARLL—'S LOL,C print name ITS: (circle one) Chairm Presiders ice President AND \ By: C print name ITS: (circle one) Ccret Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California M yor ",/.- lz._." City C er f ie 7 Val APPRO ED AS TO FORM: N-A_ . _ ti�L ell., 04agree/amend 2 advocation 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTrgGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES RECEIVE® NOV - 2 2001 CITYOF DM N'URATOACHTIONFICE Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Time of Performance...............................................................................................2 4 Compensation ................. .........................................................................................2 5 Extra Work ............................................ ...................................................................3 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless ....................... ..................................................................................4 9 Professional Liability Insurance...............................................................................4 10 Certificates of Insurance...................................................................5 11 Independent Contractor... .................. 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation.....................................................................................6 14 Copyrights/Patents... .......... ............................................................. .................. .......7 15 City Employees and Officials ...:............ .................... ...`.... ................. .......7 16 Notices........................................................................... ....................................7 17 Modification.............................................................................................................7 18 Section Headings.....................................................................................................8 19 Interpretation of this Agreement..............................................................................8 20 Duplicate Original....................................................................................................8 21 Immigration..............................................................................................................9 22 Legal Services Subcontracting Prohibited...............................................................9 23 Attorney's Fees.........................................................................................................9 24 Governing Law and Venue.................................................................................9 25 Entirety ............................................................................ ....... PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this I" day of October, 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ADVOCATION, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide lobbying services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Charles Cole, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement, and will act as the principal lobbyist for the City of Huntington Beach on a day-to-day basis. Don BrOwn, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's PDA/2001 Agree/Advocation 1 RLS 2001-0815 10-30-01 workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelve months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT as follows: a. For the period of October 1, 2001 through March 31, 2002: a fee of Four Thousand One Hundred Sixty-seven Dollars ($4,167.00) per month. b. For the period of April 1, 2002 through September 30, 2002: a fee of Four Thousand Five Hundred Eighty-three Dollars ($4,583.00) per month. C. For the period of October 1, 2001 through September 30, 2002, CITY also agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of this Agreement in an amount not to exceed Four Thousand Dollars ($4,000.00) including, but not PDA/2001 Agee/Advocation 2 RLS 2001-0815 10-30-01 limited to, costs for telephone, postage, photocopying and other reasonable expenses. CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. d. CITY shall have to option to extend this Agreement for the 12-month period of October 1, 2002 through September 30, 2003. If CITY chooses to exercise this option and extend this Agreement, CITY shall so notify CONSULTANT in writing no later than September 15, 2002. If CITY chooses to extend this Agreement for the additional 12-month period, CONSULTANT shall be entitled to a fee of Five Thousand Dollars ($5,000.00) per month for said additional 12- month period.CONSULTANT shall also be entitled to be reimbursed for its reasonable expenses incurred in the performance of this Agreement (as set forth in Section 4(c) above) during the said additional 12-month period in an amount not to exceed Four Thousand Dollars ($4,000.00). CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, PDA/2001 Agree/Advocation 3 RLS 2001-0815 10-30-01 V computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement byCONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the PDAl2001Aa ee/Advocation 4 RLS 2001-0815 10-30-01 express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides.with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. PDA/2001 Agree/Advocation 5 RLS 2001-081 5 10-30-01 � !r The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all these policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this I Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or theservicesto be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be . delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assigmnent or delegation's approved, all approved PDA/2001 Agree/Advocation 6 RLS 2001-0915 10-30-01 subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other, communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach Advocation, Inc. ATTN: City Administrator ATTN: Charles Cole, President 2000 Main Street 1121 L Street, Suite 610 Huntington Beach, CA 92648 Sacramento, CA 95814 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. PDA/2001 Agree'Advocation 7 RLS 2001-081 5 10-30-01 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to.. bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the PDA/2001 Ao ee/Advocation 8 RLS 2001-0815 10-30-01 f* I� date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 24. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws of the State of California. PDA/2001 Agree/Ad vocation 9 RLS 2001-0815 10-30-01 25. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT: ADVOCATIONS, INC. A California corporation By: � mac. � . C &t, G�1a�(es l Cole print name ITS: (circle one), chairma residenWice President AND 91-1 print name ITS: (circle one) Secretar hief Financial Offic Asst. Secretary — Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 6a--3- r--V�9- Ci dministrator (only for contract over $50, 000.00) APPROVED AS TO FORM: City Attorney' �t INITIATED, REVIEWED AND APPROVED: OR�A—dministrator 0ayor ATTEST City Clerk PDA/2001 Aa ee/Advocation 10 RLS 2001-0815 10-30-01 EXHIBIT A Scope Of Services WORK PLAN The following is Advocation's Scope of Services for the City of Huntington Beach: 1. Representing the City of Huntington Beach in meetings or hearings with State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support to lobby aggressively major priority issue areas. Support would include proactively searching for potential legislative vehicles relating to those topics and affecting the outcome of those proposals. 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. Delivering letters, as directed by the City of Huntington Beach, to appropriate committees and members of the. Legislature, as well as to executive departments. and/or State officials. 8. Preparing briefing materials, provide briefing/meeting, space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies (and, as reasonably available, pertaining to Federal agencies and legislation), as they affect the City of Huntington Beach's legislative program. 1 Exhibit A 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g., spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the City of Huntington Beach's legislative goals 11. Any reports, information, date, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one support staff member. All staff costs will be paid for by Advocation. 13. Contact appropriate City staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in conjunction with your staff for comprehensive screening and action. 15*. Advocation's legislative unit will maintain a `Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18. Advocation will visit and make presentations to the City of Huntington Beach on State legislative activities on anus -needed basis, but at least once annually. 2 Exhibit A 0 EXHIBIT B Pavment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for -extra work or additional services _authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 1 Exhibit B I suity INSURANCE AND INDEMNIFICATION WAIVER HB. ;�� _ MODIFICATION REQUEST 1. Requested by: Patricia Dapkus 2. Date: October 29 2001 3. Name of contractor/permittee: Advocations, Inc. 4. Description of work to be performed: Lobbyist for City in Sacramento 5. Value and length of contract: $112,500 over two years , 6. Waiver/modification request: Professional Liability and Worker's Comp. 7. Reason for request and why it should be granted: Service doesn't warrant such insurance 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature I� A-.1 ON T Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted: Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management /24 IN Approved El Denied �� f(f�G f Signature Date 2.' City Attorney's Office /0 Approved ❑Denied Signature Date 3. City Administrator's Office ' proved ❑ Denied _ Q� �,,, � //- -a Doi Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services [ O �1�� r" � � ✓ avti i (ovL61 9.1A PM L] AMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made and entered into the 6thday of October , 2003, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional one-year period,' NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of one year. The Original Agreement shall now terminate on September 30, 2004, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Original Agreement. City shall pay Consultant a fee of Five Thousand Dollars ($5,000.00) per, month for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Dollars ($4,000.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. 1 PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain. in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: ADVOCATON, INC. a California corporation By: {!� (print or type name) Its: (circle one) ChairmanIEden ice President CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State f California Mayor ATTEST Cityd�x� Clerk '°1'%3f` By: C t—tc. '4ROVED AS TO FORM: or type name)Its: (circle one4Ass ;rint ret chief Financial Officer/torn y . ecretary-Treasurer�� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad istrator City Adminstrator 2 PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Renewal of Advocation, Inc.'s Contract COUNCIL MEETING DATE: October 4, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) City Clerk � - -- -- ��%�_ / l�•'._ . � �%Llama: �� < / RCA Author: 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Renewal of Advocation, Inc.'s Contract COUNCIL MEETING DATE: October 4, 2004 RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) STATUS Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION .FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (initial) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: (13) September 7, 2004 - Counci)TAgency Agenda - Page 13 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) - Approve and adopt the l/ minutes of the City Council/Redevelopment Agency Regular Meetings of June 21, 2004, July 6, 2004, and July 19, 2004 as written and on file in the Office of the City Clerk. — Submitted by the City Clerk. Approved and adopted 5-1 (Cook out of room) E-2. (City Council) Waive Bid Reauirements by Directina Staff to Prepare and Execu(e -7-"d Amendment No. 2 to the Professional Services Contract between the City and Advocation, Inc. for Lobbying Services to Assist in the Acquisition of State Funding. for Priority Projects Within the City and Related Legislative Issues (600.10) 1. Waive the requirement to go out to bid; and 2. Approve extending the contract with Advocation for one additional year at the same rate as last year; and 3. Authorize staff to prepare and execute contract Amendment #2 to the professional services contract, as approved by the City Attorney, between the City of Huntington Beach and Advocation, Inc. for the purpose of�"- assisting the City in the acquisition of state funds for priority projects within the City and to advocate on our behalf on legislation that impacts the City. Submitted by Mayor Pro Tern Jill Hardy, Chair, on Behalf of Intergovernmental Relations Committee Members, ` Councilmembers Gil Coerper and Dave Sullivan. Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget under the General Fund Intergovernmental Relations Professional Services Account. The total cost for this contract amendment is not to exceed $64,000.00 for the year. Approved 5-1 (Cook out of room) E-3. (City Council) Waive Bid Requirements by Directing Staff to Prepare and Execute Amendment No. 2 to the Professional Services Contract between the City and the Ferguson Group, LLC to Assist the City in its Interaovernmental Affairs Program in the Acquisition of Federal Funding and Related Legislative Issues (600.10) - 1. Waive the requirement to go out to bid; and 2. Approve extending the contract with The Ferguson Group with the same terms as previous years with an increase of 5% from $76,000.00 to $79,800.00; and 3. Authorize staff to prepare and execute contract Amendment #2, as approved by the City Attorney, to the professional services contract between the City of Huntington Beach and the Ferguson Group for the purpose of assisting the City in the acquisition of Federal funds for priority projects within the City. Submitted by Mayor Pro Tern Jill Hardy, Chair, on Behalf of Intergovernmental Relations Committee Members, Councilmembers Gil Coerper and Dave Sullivan. Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget under the General Fund Intergovernmental Relations, Professional Services Account. The total cost for this contract amendment is not to exceed $79,800.00 for the year. Approved 5-1 (Cook out of room) ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) 1/4 or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 FORM IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 10/01/2004 THROUGH 12/30/2004 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2004 A TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbvina Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) None ❑ If more space is needed, check box and attach continuation sheets. ' SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 15199.46 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 15199.46 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached QX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) At (City and State) B (Si lure of Employer or Re n ible Officer) 01/14/2005 Huntington Beach CA M. iaiDapkus /% Name of Employer or Responsible Officer (Type or Print) Title ' Ms Patricia Dapkus I Senior Analyst CAL2PDF Version3.9 2/4 PERIOD COVERED: 10/01 /2004 12/30/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Charles Cole Presatlpnt ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 15000.00 199.46 0.00 15199.46 56476.93 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 15199.46 • 3/4 PERIOD COVERED: 10/01 /2004 12/30/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position of Reportable Persons and Amount Benefiting Each Description of Consideration Total Amount of Activity $ $ ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ❑ NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) • 0 PERIOD COVERED: 1n/n1/ nu 12isnanu NAME OF FILER: HUNTINGTON BEACH CITY OF 4/4 PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount ElIf more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. L RECEIVED January 10, 2005 JAN 13 2005 CITY OF HUNT(NGT0jy B ADMINISTRATION OFFICt City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 4th Quarter 2004 Lobbying Information Dear Ms. Dapkus: The 4th Quarter 2004 "Report of Lobbyist Employer, Form 635, must be filed electronically with the California Secretary of State by January 31, 2005. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments Made to Advocation, Inc. During October, November or December 2004: Your Check Date Quarter Paid Fees Expenses 10/1 4th 5,000.00 84.69 11/12 4th 5,000.00 80.03 12/26 4th 5,000.00 34.74 Total Fees: 15,000.00 Total Expenses: Grand Total: 199.46 15,199.46 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com I Tel: 916.447.8229 Fax: 916.447.3447 January 10, 2005 Page Two Legislation or Agency Actions Actively Lobbied During October, November or December, 2004• Bills: none Issues/Agency: none In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of December 31, 2004. It is possible that you have made additional payments to Advocation that were not received in our office by December 31, and therefore are not listed above. Please be reminded that any of your checks dated in October, November or December 2004 must be added to the above information and reported on your 4th quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Cam W' baxn Carole Wilson Advocation, Inc. t • 0 Lobbying Orm Activity Authorization (Government Code Section 86104) Check one box, if applicable 32 Lobbyist Employer (Gov. Code Section 820395) ❑ Lobbying Coalition ("PC Regulation 18616A) I)rpe or Print in Ink NAME OFFII ER: BUSINESS ADDRESS: (Number and Legislative Session • - 2005-06 (lnscrt Yeats) Page of For Official Use Only (Optional) ADVOCATION, INC I hereby authorize (Name of Lobbying lr um) 1121 L Street, #610, Sacramento CA 95814 (Business Address) to engage in the activities of a lobbying firm (as defined in California Government Code Section 82038.5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the above named employer. If you are authorizing another lobbying firm to lobby on behalf of your firm's client(s), provide the name(s) of the client(s) below. (It is not necessary to complete the Nature and Interests section.) NAME OF SUBCONTRACTED CLIENT: SUBCONTRACTED OF SUBCONTRACTED CLIENT: VERIFICATION I have used all reasonable diligence in preparing this Statement. I have reviewed this Statement and to the best of my knowledge the information contained herein is true and complete. I certify under penalty of perjury under the laws of the State of California that the Executed on By DAZE Name of Responsible Officer � O Ni PRINT OR TYPE and correct. FPPC Form 602 (7/98) For Technical Assistance: 916/322-5660 4 4 Lobbying Firm Activity Authorization SEE INSTRUCITONS ON REVERSE Nature and Interests of Lobbyist Employer Check one box only: Type or Print in Ink 0 Page of ❑ INDIVIDUAL (Complete ❑ BUSINESS ENTITY ❑ INDUSTRY, TRADE OR ❑ OTHER (e.g., lobbying only Parts A and E) (Complete only Parts B PROFESSIONAL ASSN. coalition) (Complete only and E) (Complete only Parts C and E) Parts D and E) A. Individual ^. : 2. Description of business activity in which you or your employer are 1 Name and address of employer (or principal place of business if engaged: self-employed): Description of business activity in which engaged: C. In uStry, IYade or Professional Association : 2. Spec description of any portion or faction of the industry, trade, or profession which the association exlusively or primarily represents: 1. Description of industry, trade or profession represented ............................................................................................................................................................................................ 3. Number of members in association (check appropriate box) ❑ 50 OR LESS (provide names of all members on an attachment.) ❑ MORE THAN 50 D. Other : 2. Description of any trade, profession, or other group with a common 1. Statement of nature and purposes• economic interest which is principally represented or from which membership or financial support is principally derived: E. Industry Group Classification Check one box which most accurately describes the industry group which you represent. See instructions on reverse. ❑ AGRICULTURE ❑ LEA, BUSINESS (Check one of the following sub -categories ) ❑ EDUCATION ❑ PUBLIC EMPLOYEES ❑ GOVERNMENT ❑ POLMICAL ORGANIZATIONS HEALTH ❑ UTILITIES ❑ LABOR UNIONS ❑ OTHER: (Descxibe in detail) ❑ ENTERTAINMENT/RECREATION ❑ FINANCE/INSURANCE ❑ LODGING/RESTAURANTS ❑ MANUFACTURING/INDUSTRIAL ❑ MERCHANDISEMETAIL ❑ OIL AND GAS ❑ PROFESSIONAL/TRADE ❑ REAL ESTATE ❑ TRANSPORTATION ❑ OTHER: (Specific Description) FPPC Form 602 (7198) For Technical Assistance: 916/322-5660 M Lobbying Firm Activity Authorization Filing Requirements: A Form 602 (Lobbying Firm Activity Authorization) must be completed and verified by each person who employs or contracts with a lobbying firm. The Form 602 must be attached to the lobbying firm's Form 601(Registration Statement) or, when adding a new client or employer to the firm's existing registration, to Form 605 (Amendment to Registration). The person who employs the lobbying firm must date and sign the verification. In the case of a business entity or organization, the verification must be signed by a responsible officer of the entity or organization or by an attorney or a certified public accountant who acts as an agent for the entity or organization. Lobbying Firms that Subcontract a Client: A lobbying firm that subcontracts to provide _lobbying services to clients of another lobbying firm must identify the subcontracting lobbying firm and the chent(s) on whose behalf it will lobby. A Form 602 signed by a representative of the subcontracting lobbying firm must be included with the contracted firm's registration. The subcontracted client is not required to file a Form 602. In addition, it is not necessary to complete the Nature and Interests section for subcontract clients. Additional Information Refer to the Lobbying Disclosure Information Manual for additional information and information required to be provided to you pursuant to the Information Practices Act of 1917. FPPC Form $02 (7198) For Technical Assistance: 9IGM22-5660 Instructions for Nature and CAUFORNIA Interests of Lobbyist Employer • rJ , Nature and Interests of Lobbyist Employer: 'Ibe category "Business" has been divided into several sub - Check the box that indicates whether you are an individual, a business categories, including. entity, an industry, trade or professional association, or some other type of entity, such as a lobbying coalition, a religious organization, ]Ebtertainment/Recreation: Includes baseball, football teams a political or public interest organization, or a recreational club. and country clubs, casinos, horse breeders, race tracks, music Complete Part A, B, C, or D, whichever is applicable, and then companies, and theaters. Does not includehobby or recreational dribs which are not business -related complete Part E. Industry Grasp Classification All filers must complete Section E. Check one box that most accurately describes the industry group you represent. Industry, trade, or professional associations should check the box that most accurately describes the industry group of its members (e.g., an association of hospitals would be classified as `Health," and an association of mortgage banking entities would be classified as "Business-Finance/Insaranoe'). Following are some additional examples: • Agricaf are: Includes growers, ranches, vineyards, flower growers, fertilizer manufacturers, etc. • Education: Includes educators, private and public schools, and education unions. • Government: Includes cities, counties, and all other publicly - funded agencies. • Reokh: Includes physicians, dentists, optometrists, cbmprac- tors, nurses, etc., as well as ambulance companies, convalescent homes, pharmacists, pharmaceutical manufacturers, therapists, hospitals, etc. • Labor Unions. Does not includepublic employee and education unions. • Legal: Includes attorneys and attorney associations, except thoserepmeehting public employee attorneys. • Political Organizations: Includes political committees and clubs. • Public Employees: Includes allpublic employee associations, organizations, and unions (except education unions), including district attorneys, public defenders, firefighters, judges, police, sheriffs, etc. • Utilities: Inchides telephone, power, and water companies. • Other: Describe. (After reviewing your description, the Secretary of State may place you in one of the classifications described above or assign you to the miscellaneous category in the Directory of Lobbyists, Lobbying Firms and Lobbyist Employes.) ce: Includes health insurance companies, collection agencies, credit services, mortgage bankers, title companies, etc. LodgingMestaurants: Includes bars, hotels, night clubs, resorts, etc. Mannfacturing/lndustrWi: Includes beverage manufacturers, canneries, cement companies, chemical laboratories, timber companies, wineries, etc. MerchmWlse/Retaii: Includes beverage distributors, coin dealers, florists, home furnishing stores, pharmacies, etc. OR and Gas: includes drilling contractors, exploration companies, gas and oil companies, etc. ProfessionaVlrade: Includes individuals or business entities, or organizations representing accountants, architects, auction- eers, bail agents, building trades, construction interests, court reporters, engineers, photographers, travel agents, stockbrokers, plumbers, veterinarians, etc. NOM A trade association representing ranchers would be classified as "Agriculture," not as "Professionalfrrade." Real Estate: Includes developers, rental companies, real estate companies, property management, etc. Transportation: Includes airlines, moving and storage, railroads, shipping, making, CW- Other: Describe your business interest if it does not fall into any of the other business categories (e.g. apartment owners, funeral homes, mobile home parks, publishers, refuse companies, retirement homes, waste management, etc.). NOTE: 'Ibis subsection is different from the "Other" category identified in the industry Group Classification which is for use by filers whose activities are not business -related. FPPC Form 602 (7198) For Technical Assistance: 9161322.6660 t REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) 1/4 or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 07/01/2003 THROUGH 10/31/2004 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2004 A TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) AB 496 710 1791 2442 2690 ACA 10 SB 1698 SCA 15 If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 10170.80 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part 111, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 10170.80 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached QX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 11 /08/2004e) At (City and State) Huntington Beach CA B (Si nature of Emplo er or Responsible Officer) Myr. William P. Workman Jame of Employer or Responsible Officer (l ype or Print) rive Mr. William P. Workman Assistant City Administrator CAL2PDF Version3.9 i 2/4 PERIOD COVERED: 07/01/2003 10/31/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Celeste Heritage ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 10000.00 170.80 0.00 10170.80 41277.47 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 10170.80 • 0 3/4 PERIOD COVERED. 07/01/2003 10/31/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) P Date Name and Address of Payee Name and Official Position Description of Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ❑ NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed $ 0.00 Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 4/4 - •. • - r • •1r. [ITICIRW110 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. ARVOCA"I'ICQN RECEIVED October 14, 2004 OCT 18 2004 CITY OF HUNTENUWN 0MCH ADMINISTRATION 0F971tr City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 3rd Quarter 2004 Lobbying Information Dear Ms. Dapkus: The 3rd Quarter 2004 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by October 31, 2004. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments Made to Advocation. Inc. During Julv. August or September 2004: Your Check Date Quarter Paid Fees Expenses 7/23 3rd 5,000.00 92.74 8/20 3rd 5,000.00 78.06 Total Fees: 10,000.00 Total Expenses: 170.80 Grand Total: 10,170.80 1121 L Street, Suite 610, Sacramento, CA 95814 wvre-w.advccation- inc.com Tel: 916.447.8229 Fax: 916.447.3447 s October 14, 2004 Page Two Legislation or Agency Actions Actively Lobbied During July, August or September, 2004: Bills: AB 496, 710, 1791, 2442, 2690, ACA 10, SB 1698, SCA 15 Issues/Agency: Resources Agency re above bills In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of September 30, 2004. It is possible that you have made additional payments to Advocation that were not received in our office by September 30, and therefore are not listed above. Please be reminded that any of your checks dated in July, August or September 2004 must be added to the above information and reported on your 3rd quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, co Celeste H. Heritage Vice President �wa Page 70 - 2/4/98- gAordinanct1865-Aoc 9 2942 5/16/88 Downtown Specific Plan - amend HBOC by revising S. 3.0 & S. 4.0 2943 6/06/88 Re: eligibility of candidates - for city elective offices - amend HBMC by amend S.2.04.030 2944 6/06/88 ZC 87-12 - S/Ellis, E/Edwards, DM 38 2945 6/20/88 Amend HBMC S.3.03.100, re: contracting professional services (increases from $2,500 to $10,000 2946 2947 7/05/88 Re: parking structure design - amend article 960 HBOC 2948 7/18/88 Water fees, rates & deposits - re: HBMC S. 14.12.040, 14.12.050, & 14.12.070 (see Res. No. 5892 2949 6/20/88 Provide for temporary lannin commissioner amend HBOC by adding S.9003.4 2950 7/05/88 Zone change 88-10 property located at SW corner of Delaware/Frankfort DM 12 2951 7/05/88 Prohibiting docking of any vessel without consent of owner - amend HBMC by adding S. 13.36.170 2952 8/1/88 Est. curbside refuse collection fee - amend HBMC chapter 8.20 by adding S. 8.20.015 Res. no. 5897 2953 8/15/88 Est. regulations for vesting tentative maps - amend HBMC sections 9843, 9902, 9903, 9905, and 9911 and adding new art. 999 2954 8/15/88 Amend S. 9061 to provide ZC from R2-CZ to R2-CZ with a density cap of 7.4 units per gross acre. PCH/Admiralty 2955 2956 8/15/88 Police services at loud parties or other activities, amend HBMC by adding chap. 8.42 2957 8/15/88 amend HBMC art. 908, S.922.1 (c) (permitted uses), and art. 963 (unclassified uses). - code amend no. 87.13 2958 9/06/88 Amend S. 9220.10 - re: outside uses - storage and display 2959 9/19/88 add S. 9300 (c) to HBOC to incorporate Seacliff Specific Plan No. 1, SE terminus of Seapoint Ave. - amend DM 3 2960 9/19/88 Delete MH mobile home districts W/I the Downtown Specific Plan HBOC S. 9300 3-c 2961 9/19/88 Adopt precise plan of street alignment no. 88-1 - aligning Walnut Ave. between Lake St. and Beach Blvd. 2962 10/3/88 Adopt Waterfront Master Plan and Development Agreement 2963 9/19/88 Amend HBOC C. 9061 from C3 to Townlot Specific Plan - property generally located N/W corner 6th St./Walnut Ave. 2964 9/19/88 Add park rangers to HBMC S. 13.08.225 - amend S. 13.48.015 2965 9/19/88 Increase business license rates - amend HBMC chapter 5.16 2966 10/3/88 Cross connection control program for waters stem - amend HBMC S.14.16.190 2967 10/3/88 amend HBOC S.9101 & S.9510.01.1 & add S. 9510.15.1 allowing temporary recreational vehicle stora a code amend no. 88-8 RA & M1-A Dist. 2968 10/24/88 Zone change 87-14 S/Hamilton - W/Ma nolia Ascon 2969 11/21/88 9610.3political signs - ADOPTION FAILED 11/21/88 2970 11/7/88 Meadowlark Specific Planagreement between City and property owners 2971 12/5/88 Zone change 88-14, Goldenwest, palm, 22nd, and Walnut Ave. 2972 2973-B 11/7/88 ZC 88-13 - W. Lake, S. Civic Center, N. of Utica 2974 11/7/88 Waterfront project - transfer of occupancy tax from City to agency main pier redevelopment project area — See Redev Agency Ord 1 2975 12/5/88 Repealing and amending sections relating to driveways, parking, sun decks, etc. 2976 12/5/88 Adopt the Uniform administrative Code, etc. 1985 Ed. 2977 12/5188 amend section 10.42.030 residential parking permit 2978 2979 2980 12/5/88 Zone Chance 88-11 Delaware St., Rochester Ave., California St., and Springfield, (Angus Petroleum) (Springfield Oil Recovery) 2981 12/19/88 Revising Downtown Specific Plan see resolution 5958 2982 Boating regulations - removed 2/6/89 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 46Lry y C rk' ignat Council Meeting Date: Sept. 7, 2004 Department I umber: AD.-04-15 0 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ti SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Jill Hardy, Chair on behalf of Intergovernmental Relations (Corrfriiittee Members Council Members Coerper and Sullivan �/ �,M PREPARED BY: Patricia Dapkus, Department Analyst Senior SUBJECT: Approve a One -Year Extension of the Contract with Advocation, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of a one year extension to the contract with Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues. Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget under General Fund Intergovernmental Relations Professional Services Account #10030201.69365. The total cost for this contract amendment is not to exceed $64,000 for the year. Recommended Action: MOTION 1. Waive the requirement to go out to bid; 2. Approve extending the contract with Advocation for one additional year at the same rate as last year; and 3. Authorize staff to prepare and execute contract Amendment #2 to the professional services contract, as approved by the City Attorney, between the City of Huntington Beach and Advocation, Inc. for the purpose of assisting the City in acquisition of state funds for priority projects within the City and to advocate on our behalf on legislation that impacts the City. Alternative Action(s): Do not approve the amendment and direct staff accordingly. E,a 9EQUEST FOR COUNCIL AC*ON MEETING DATE: Sept. 7, 2004 Analysis: DEPARTMENT ID NUMBER: AD 04-15 Advocation, Inc. has represented the City in Sacramento during three of the most economically challenging years in the state's history. During this period they have worked closely with the Intergovernmental Relations Committee, Administrative staff, the City Treasurer and the state League in identifying state legislation that would negatively impact the city's revenue. Of particular note is the role Advocation played during 2002 in conjunction with our City Treasurer, Assemblyman Harman and a consortium of cities in assuring passage of AB 81. Passage of AB 81 protected property tax revenue the City receives as a result of having a power facility located in the city. We depend on Advocation to be the City's eyes, ears, and voice in Sacramento. Having them there helps the City stay a step ahead in identifying legislation that could negatively impact the city. They have been able to provide us copies of draft bills often before they are posted online. They also work closely with our state legislators in moving forward the city's position on legislation such as AB 2690 (excluding volunteers from prevailing wage requirements when working on local public works projects such as Shipley Nature Center). They provide timely analysis of critical legislation such as the state budget. Having them in Sacramento allows us to have representation in legislative hearings when it would be impractical to send a member of staff or City Council particularly when legislation begins to move with little notice. Advocation has agreed to renew their contract without an increase over the rate they received in the second year of their original 2001 contract. The Intergovernmental Relations Committee is, therefore, recommending that the City Council waive the requirement to go out to bid and extend their contract for one additional year. Environmental Status: Attachment(s): RCA Author: P.Dapkus N/A 1. 1 The Original Contract with Advocation, Inc. 2. Amendment #1 to the Contract with Advocation, Inc. 3. 1 Advocation's Legislative Tracking List Advocations Contract RCA - 2004.doc -2- August 23, 2004 3:14 PM 0 0 RECEIVE® NOV - 2 1001 PROFESSIONAL SERVICES CONTRACT BETWEEN OADM N SU TINGT N BLEACH THE CITY OF HUNTIINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES Table of Contents 1 Scope of Services.............................................................................. 2 City Staff Assistance ............................................. ...................................................2 3 Time of Performance ................................ ...............................................................2 4 Compensation........................................................................... ...............................2 5 Extra Work...............................................................................................................3 6 Method of Payment ..........................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless .................................................... .....................................................4 Insurance 9 Professional Liability ...............................................................................4 10 Certificates of Insurance•..............................................................65 11 Independent Contractor........................................................................................ 12 Termination of Agreement....................................................................................... 6 13 Assignment and Delegation..................................................................................... 6 14 Copyrights/Patents ................................... 15 City Employees and Officials ............ .:.:...:.............................................. ........ 7 16 Notices............................................................................................................ ......................................7 7 17 Modification ....................................................................... 18 Section Headings ........................ .............................................................................8 19 Interpretation of this Agreement...................................................... • • • •. • • • 8 20 Duplicate Original .............................................................................................8 21 Immigration..............................................................................................................9 22 Legal Services Subcontracting Prohibited...............................................................9 23 Attorney's Fees ............................. ............................................................................9 24 Governing Law and Venue............................................................9 25 Entirety.................................................................. ............ .... PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this Vt day of October, 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ADVOCATION, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide lobbying services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Charles Cole, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement, and will act as the principal lobbyist for the City of Huntington Beach on a day-to-day basis. Don Brown, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's PDA/2001 Agree/Advocation 1 RLS 2001-0915 10-30-01 workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelvemonths from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may' be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT as follows: a. For the period of October 1, 2001 through March 31, 2002: a fee of Four Thousand One Hundred Sixty-seven Dollars ($4,167.00) per month. b. For the period of April 1, 2002 through September 30, 2002: a fee of Four Thousand Five Hundred Eighty-three Dollars ($4,583.00) per month. C. For the period of October 1, 2001 through September 30, 2002, CITY also agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of this Agreement in an amount not to exceed Four Thousand Dollars ($4,000.00) including, but not PDA/2001 Agree/Advocation 2 RLS 2001-0815 10-30-01 r limited to, costs for telephone, postage, photocopying and other reasonable expenses. CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. d. CITY shall have to option to extend this Agreement for the 12-month period of October 1, 2002 through September 30, 2003. If CITY chooses to exercise this option and extend this Agreement, CITY shall so notify CONSULTANT in writing no later than September 15, 2002. If CITY chooses to extend this Agreement for the additional 12-month period, CONSULTANT shall be entitled to a fee of Five Thousand Dollars ($5,000.00) per month for said additional 12- month period. CONSULTANT shall also be entitled to be reimbursed for its reasonable expenses incurred in the performance of this Agreement (as set forth in Section 4(c) above) during the said additional 12-month period in an amount not to exceed Four Thousand Dollars ($4,000.00). CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, PDA/2001 Agree/Advocation 3 RLS 2001-0815 10-30-01 __. computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon. PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT'S subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement byCONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the PDA/2001 Agree/Advocation 4 RLS 2001-0815 10-30-01 express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides.with or precedes the initiation.of the scope of work (includingsubsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) "days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. PDA/2001 Agree/Advocation 5 RLS 2001-0815 10-30-01 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have. the right to demand the original or a copy of all these policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this f Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be . delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment or delegation is approved, all approved PDA/2001Ab ee/Advocation 6 RLS 2001-0815 10-30-01 subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/ PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notice s,�certficates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO CONSULTANT: City of Huntington Beach Advocation, Inc. ATTN: City Administrator ATTN: Charles Cole, President 2000 Main Street 1121 L Street, Suite 610 Huntington Beach, CA 92648 Sacramento, CA 95814 17. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. PDA/2001 Agree/Advocation 7 RLS 2001-0815 10-30-01 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement.. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to. bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the PDA/2001 Ao ee/Advocation 8 RLS 2001-0815 10-30-01 date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY;. and CITY shall not be. liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY'S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 24. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws of the State of California. PDA/2001 Agree/Ad vocation 9 RLS 2001-0815 10-30-01 25. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT: CITY OF HUNTINGTON BEACH, a ADVOCATIONS, INC. municipal corporation of the State of California A California corporation By: t � -0-� . 06_L_. C" sLd e s - Cote print name ITS: (circle one) Chairma residentMce President AND 111 lEt_ SI C t 1�C- 2 \ rAG _J print name ITS: (circle one) Secretar Chief Financial Offic Asst. Secretary — Treasurer Cit dministrator c5it (only for contract over $.50,000.00) APPROVED AS TO FORM: City Attorney c to _ Ic-bv INITIATED, REVIEWED AND APPROVED: Administrator T`n'1 77�ua�n. ayor ATTEST*. City Clerk PDA/2001Ao ee/Advocation 10 RLS 2001-0815 10-30-01 IL -0 EXHIBIT A Scone Of Services WORK PLAN The following is Advocation's Scope of Services for the City of Huntington Beach: 1. Representing the City of Huntington Beach in meetings or hearings with State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support to lobby aggressively major priority issue areas. would include proactively searching for potential legislative vehicles Support p y affecting the outcome o f those proposals. relating to those topics and affe g P P 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. - Delivering letters, as directed by the City of Huntington. Beach, to appropriate committees and members of the. Legislature, as well as to executive departments and/or State officials. 8. Preparing briefing materials, provide briefing/meeting space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies (and, as reasonably available, pertaining to Federal agencies and legislation), as they affect the City of Huntington Beach's legislative program. t Exhibit A i 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g., spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the City of Huntington Beach's legislative goals 11. Any reports, information, date, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one support staff member. All staff costs will be paid for by Advocation. 13. Contact appropriate City staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in conjunction with your staff for comprehensive screening and action. . 15. Advocation's legislative unit will maintain a "Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18. Advocation will visit and make presentations to the City of Huntington Beach on State legislative activities on anus -needed basis, but at least once annually. 2 Exhibit A ` _. EXHIBIT B Pavment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services. authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 1 Exhibit B S" Air INSURANCE AND INDEMNIFICATION WAIVER HB _ MODIFICATION REQUEST 1. Requested by: Patricia Dapkus 2, Date: October 29, 2001 ; 3. Name of contractor/permittee: Advocations, Inc. 4. Description of work to be performed: Lobbyist for City in Sacramento 5. Value and length of contract: $112,500 over two years 6. Waiverlmodification request: Professional Liability and Worker's Comp. 7. Reason for request and why it should be granted: Service doesn't warrant such insurance 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted: Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management roved ❑ Denied IU12,et/G 7 p �� Signature Date 2.- City Attorney's Office r Approved El Denied �-�` Signature Date 3. City Administrator's Office 2'1pproved El Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Y:L9 tGsh�� LG �}Es��✓5 �p.ti-P �iI�LJ is ►�c� rZ"�V��':� 10LC--44�<L 0 YV l � [r1 .,� r� � ✓ �Vti, 5 W . �. - r � T -�- � i S �-� C' t G � t C Z4 S i�' )'Ji"'��' p.1-- n,w—r '.)o ,nn1 9•1R PM 0 0 AMENDMENT NO.1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made and entered into the 6thday of 0tober , 2003, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City, and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional one-year period, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of one year. The Original Agreement shall now terminate on September 30, 2004, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Original Agreement. City shall pay Consultant a fee of Five Thousand Dollars ($5,000.00) per month for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Dollars ($4,000.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. I PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain. in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: CITY: ADVOCATON, INC. a California corporation By: K--1 Q,O l.,c (print or type name) Its: (circle one) Chairma residen ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State f California Mayor ATTEST dw.� By: C �i (1 \\ ROVED AS TO FORM: �rint or type name) Its: (circle one Seeta chief Financial Officer/ t� AttornyAs. ecretary Treasurer b0� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad tstrator City Adminstr oa r 2 PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 City of Huntington Beach Legislative Update August 13, 2004 AB 35 Wiggins Local planning agencies: duties. Leginfo Link A-01/15/2004 08/12/2004-In Senate. Held at Desk. Position: watch The Planning and Zoning Law requires the planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report, on or before October 1 of each year, to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. The report is required to be prepared through forms and definitions adopted by the Department of Housing and Community Development. The bill would require the report to include the degree to which the approved general plan complies with specified guidelines for the preparation of the mandatory elements of the general plan and the date of the last revision to the general plan. By imposing new duties on planning agencies,the bill would create a state -mandated local program. This bill contains other related provisions and other existing laws. AB 393 Montanez Historical preservation: California Cultural and Historical Endowment. Leginfo Link A-01/15/2004 02/02/2004-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Position: The existing California Cultural and Historical Endowment Act established the California Cultural and Historical Endowment, consisting of specified members, in the California State Library and requires the endowment to use funds allocated and appropriated from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and from other sources, to make grants and loans to public agencies and nonprofit organizations, as defined, relating to historical resources and to develop various programs and projects to protect and preserve California's cultural and historic resources. This bill would require the endowment, to the extent of available funding, to establish and administer a revolving loan fund for the purposes of making loans to local governments and nonprofit organizations that meet certain criteria for eligibility to be used for historical preservation projects, as provided. The bill would set forth certain loan terms and conditions and would require the terms of any loan agreement to be approved by the State Treasurer. This bill contains other related provisions. 0 • AB 425 Campbell City of Newport Beach: public trust lands. Leginfo Link A-06/24/2004 08/10/2004-From committee: With recommendation: That Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 9). 08/16/04 60 ASM UNFINISHED BUSINESS CONCURRENCE IN SENATE AMENDMENTS Position: Existing law grants in trust to the City of Newport Beach all tide and submerged lands, whether filled or unfilled, bordering upon and under the Pacific Ocean or Newport Bay, as described, subject to specified conditions. Existing law specifies that, for purposes of provisions related to the City of Newport Beach establishment of a Tideland Capital Fund, acquisition or improvement of real property by the city for purposes of enhancing the public trust lands administered by the Department of Fish and Game shall be deemed to be authorized by, and be in furtherance of, the trust created pursuant to existing law. This bill would instead provide that, for purposes of those provisions acquisition or improvement of real property by the City of Newport Beach for purposes of enhancing the Upper Newport Bay Ecological Reserve shall be deemed to be authorized by, and in furtherance of, the trust created by those specified provisions. This bill contains other related provisions. AB 496 Correa Santa Ana River Conservancy. Leginfo Link A-06/15/2004 06/29/2004-In committee: Set final hearing. Failed passage. Reconsideration granted. Position: support Existing law authorizes various conservancies to acquire, manage, direct the management of, and conserve public lands in the state. This bill would, until January 1, 2012, establish the Santa Ana River Conservancy to acquire specified lands withinl/2 mile on either side of the thread of the Santa Ana River and would prescribe the management, powers, and duties of the conservancy. The bill would also create the Santa Ana River Conservancy Fund, but would prohibit the conservancy from implementing the funding authorization until the Legislature appropriates, from other than General Fund moneys, or a bond act approved by the voters allocates, the necessary funds. This bill contains other related provisions. AB 572 Yee Employment. Leginfo Link A-08/20/2003 08/28/2003-In committee: Set, second hearing. Failed passage. From Senate committee without further action pursuant to Joint Rule 62(a). Position: Under existing law, it is unlawful to discriminate against an employee for filing a complaint as to an unlawful employment practice, and the Labor Commissioner is required to investigate complaints of unlawful employment practices. This bill would provide standards for the Labor Commissioner's investigation and decision. This bill contains other related provisions and other existing laws. AB 600 Maddox Government regulation: religious exercise. Leginfo Link A-01/13/2004 02/02/2004-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Position: Existing law, the Unruh Civil Rights Act, prohibits discrimination in business establishments and housing on the basis of, among other things, religion. Existing law also prohibits local governments from denying individuals or groups the enjoyment of land use on that basis, as specified. This bill would additionally prohibit any local, state, or other public agency from imposing or implementing a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, as specified, unless the agency demonstrates that the imposition of the burden on that person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. The bill would also require the agency to make specified findings before regulating land use in a manner that substantially burdens religious exercise. The bill would specify who is required to bear the burden of persuasion on any element of a claim brought by a person alleging a violation of the bill. The bill would provide that a governmental entity may avoid the preemptive force of the bill if one of specified conditions is met. AB 694 Levine Use tax: vehicles, vessels, and aircraft. Leginfo Link A-09/08/2003 08/12/2004-From inactive file. To second reading. 08/16/04 3 SEN ASSEMBLY BILLS -SECOND READING FILE Position: support The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. This bill would expand the existing presumption that a vehicle, vessel, or aircraft purchased outside of the state is subject to use tax to apply if that vehicle, vessel, or aircraft (1) is purchased by a California resident, (2) was subject to California's registration or property tax laws during the first 12 months of ownership, or (3) was used or stored in this state more than 1/2 of the time during the first 12 months of ownership. This bill contains other related provisions and other existing laws. AB 710 Correa Orange County Transportation Authority. Leginfo Link A-06/22/2004 06/23/2004-Read second time. To third reading. • 08/16/04 62 SEN ASSEMBLY BILLS -THIRD READING FILE Position: support Existing law establishes the Orange County Transportation Authority which is composed of 12 members, including 4 members of the board of supervisors and 6 city members appointed by the Orange County City Selection Committee. Existing law provides for the appointment of alternate members of the authority. This bill would increase the size of the authority to 18 members. The bill would provide that all 5 county supervisors serve on the authority, would provide that 10 city members be elected by certain members of the Orange County City Selection Committee, except that one of the city members would be required to be selected to represent the city with the highest employment base in Orange County, and would provide for 2 public members. The bill would delete the provisions relating to appointment of alternate members. The bill would make other related changes. This bill contains other related provisions and other existing laws. AB 800 Kehoe California Coastal Commission. Leginfo Link A-06/16/2004 08/10/2004-From committee: With recommendation: That Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 9). 08/16/04 61 ASM UNFINISHED BUSINESS CONCURRENCE IN SENATE AMENDMENTS Position: watch The California Coastal Act of 1976 establishes the California Coastal Commission in the Resources Agency. The act provides that the commission consists of 16 members: the Secretary of the Resources Agency, the Secretary of the Business and Transportation Agency, the Secretary of Trade and Commerce, the Chairperson of the State Lands Commission, and 12 appointed members. Existing law does not establish the position of the Secretary of Trade and Commerce. This bill would conform with existing law by providing that the commission consists of 15 members and deleting the reference to the Secretary of Trade and Commerce, while retaining the remaining members. This bill contains other related provisions. AB 947 Jackson Natural resources: California Ocean Resources Management Act of 1990. Leginfo Link A-04/22/2003 02/02/2004-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Position: support • 0 Existing law establishes a coordinated program of ocean resources planning and management in order to ensure the conservation and development of ocean resources consistent with the purposes of the California Ocean Resources Management Act of 1990. Existing law provides that the California Ocean Resources Management Plan consists of the Ocean Resources Task Force, the California Ocean Resources Advisory Committee, and a specified report and plan. This bill would provide that the California Ocean Resources Management Plan consists of only the specified report and plan, and the California Coastal Sediment Management Master Plan (Master Plan), which the bill would require the Department of Boating and Waterways, the State Coastal Conservancy, and the California Coastal Commission, in cooperation with the United States Army Corps of Engineers and interested parties, to complete within 2 years . The bill would require that the Master Plan provide information for understanding California's coastal erosion problems and identify strategies to address them. This bill contains other related provisions. AB 974 Nation Coastal zone: archaeological or paleontological resources. Leginfo Link A-06/02/2003 07/26/2004-To inactive file on motion of Senator Chesbro. Position: support The California Coastal Act provides for the planning and regulation of development within the coastal zone, as defined, and requires that development to be based on various coastal resources planning and management policies set forth in the act. Existing law requires that mitigation measures be taken where development would adversely impact archaeological or paleontological resources, as identified by the State Historic Preservation Officer. This bill would repeal that provision and instead require that where development would adversely impact an archaeological , paleontological , or significant Native American cultural resource, identified in consultation with the State Historic Preservation Officer , the Native American Heritage Commission, and appropriate local Native Americans, all feasible measures be taken to avoid that impact. The bill would require an impact that cannot feasibly be avoided to be minimized and reasonably mitigated. The bill would require an area containing a sacred site , identified in consultation with the Native American Heritage Commission and appropriate local Native Americans , to be protected against significant disruption. The bill would require that a proposed local coastal plan to the California Coastal Commission, or an amendment to a local coastal plan that is not a minor amendment, contain policies and ordinances to implement the above requirements. This bill contains other related provisions. AB 1073 Dutton Personal income tax: exemption: military death gratuity. Leginfo Link E-08/10/2004 08/10/2004-In Assembly. To enrollment. Position: oppose unless amend The Personal Income Tax Law imposes a tax on individual taxpayers measured by the amount of the taxpayer's taxable income for the taxable year, but excludes certain items of income from the computation of tax. This bill would, in conformance with the Military Family Tax Relief Act of 2003, exclude the entire amount of the death gratuity income received by living survivors of military personnel who lost their lives on or after September 11, 2001. This bill would provide that the retroactive application of the provisions of this bill serves a public service, and is necessary to provide equitable treatment to California survivors of military personnel who lost their lives in defense of their country. This bill contains other related provisions and other existing laws. AB 1075 Matthews Local law enforcement expenses. Leginfo Link A-06/28/2004 08/12/2004-Do pass as amended. Position: Existing law provides for state reimbursement of a county for costs of homicide trials upon application to the Controller, as prescribed. This bill would authorize, until July 1, 2006, a county or a city, of specified populations, that is responsible for the costs of the investigation and apprehension of a person suspected of the murder of a peace officer to apply to the Controller for reimbursement of costs incurred by the county or city on and after January 1, 2004, in excess of normal salaries and expenses, as prescribed. The bill would require the Legislative Analyst to report to specified committees of the Legislature on the use of this provision, by January 1, 2006. AB 1268 Wiggins Land use. Leginfo Link C-07/22/2004 07/22/2004-Chaptered by Secretary of State, Chapter No. 179 Position: Existing law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries that bears relation to its planning. The law requires the plan to include a specified land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, and other categories of public and private uses of land. This bill would authorize the text and diagrams in the land use element that address the location and extent of land uses and the zoning ordinances that implement these provisions to express community intentions regarding urban form and design, as specified. AB 1320 Dutra Transit village plan: design. Leginfo Link C-05/20/2004 05/20/2004-Chaptered by Secretary of State - Chapter No. 42, Statutes of 2004 Position: The Transit Village Development Planning Act of 1994 authorizes a city or county to prepare a transit village plan for a transit village development district that includes all land within not less than 1/4 mile of the exterior boundary of the parcel on which is located a rail transit station and addresses specified characteristics, including all of the demonstrable public benefits that are specified. This bill would instead require the transit village plan to include all land within not less than 1/4 mile of the exterior boundary of the parcel on which is located a transit station that would be defined by the bill to mean a rail station, ferry terminal, bus hub, or bus transfer station. It would also require the plan to include any 5 of the specified demonstrable public benefits. The bill would also define several terms for purposes of the act. AB 1324 Steinberg Workers' compensation: infectious diseases: dependents. Leginfo Link A-08/09/2004 08/12/2004-Do pass. Position: watch Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of or in the course of employment. This bill would provide that if a person who is a specified state or local firefighting, law enforcement, or patrol member sustained an injury as the result of a work -related event that occurred on or before January 1, 1984, that meets the definition of a blood -borne infectious disease, and a dependent or former dependent of that person contracts the blood -borne infectious disease from that person, the dependent or former dependent may elect , on or before January 1, 2012, to receive compensation under the workers' compensation law, for the duration of the disease, for all medically necessary health care costs associated with the disease. This bill contains other related provisions and other existing laws. AB 1457 Committee on Local government financing. Budget Leginfo Link C-05/04/2004 05/04/2004-Chaptered by Secretary of State - Chapter No. 37, Statutes of 2004 Position: The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 2% of the market value of that vehicle, as specified. Existing law requires the Controller to transfer revenues derived from the vehicle license fees into the Motor Vehicle License Fee Account in the Transportation Tax Fund and into the Local Revenue Fund, as specified. This bill, notwithstanding any other provision of law, would require the Controller, during the 2003-04 fiscal year, to transfer from the General Fund to the credit of the Local Revenue Fund, as specified, an amount equal to the total amount of moneys that would have been transferred from the General Fund to the credit of the Local Revenue Fund had there not been a limitation placed on the amount of moneys available to make those reimbursements during the 2003-04 fiscal year. This bill contains other related provisions and other existing laws. AB 1609 Spitzer Public contracts: design -build -operate. Leginfo Link A-01/08/2004 02/02/2004-From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution. Position: Existing law sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by public entities for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Existing law authorizes specified state agencies, cities, and counties to implement alternative procedures for the awarding of contracts on a design -build basis. This bill would authorize a public entity, as defined, to use the alternative design -build -operate delivery system for public works of improvement when the public entity anticipates that use of the design -build -operate delivery system will be beneficial. The bill would require the public entity, among other things, to establish a competitive prequalification procedure for design -build -operate entities, which would include the submission of a questionnaire executed under penalty of perjury. By requiring that the questionnaire be executed under penalty of perjury, the bill would create a new crime and thereby impose a state -mandated local program. This bill contains other related provisions and other existing laws. AB 1701 Laird State lands: acquisition. Leginfo Link A-07/01/2004 08/12/2004-Do pass. Position: Existing law authorizes various agencies to acquire land for purposes related to conservation. This bill would require an acquisition agency, as defined, prior to approving the acquisition of conservation land, as defined, where an agency proposes to spend more than $25,000,000, to contract for at least one independent appraisal of the fair market value of the land. The bill would require the independent appraisal to be conducted by a qualified member of the Appraisal Institute and reviewed by a qualified independent appraiser retained by the acquisition agency for this purpose. This bill contains other related provisions. AB 1791 Chavez Internet tax. Leginfo Link A-03/04/2004 05/19/2004-In committee: Set, second hearing. Held under submission. Position: oppose The California Internet Tax Freedom Act prohibits, This bill would reenact the California Internet Tax Nondiscrimination Act to prohibit, with specified exceptions, the imposition, assessment, or attempt to collect (1) a tax on Internet access, online computer services , or the use of the Internet or online computer services , (2) a bit or bandwidth tax, or (3) any discriminatory tax on online computer services or online computer Internet access. This bill contains other related provisions and other existing laws. AB 1935 Bogh Vehicle license fees: local government. Leginfo Link I-02/10/2004 05/19/2004-In committee: Set, second hearing. Held under submission. Position: The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 2% of the market value of that vehicle, as specified. The VLF Law offsets this amount by 67.5% for vehicle license fees with a final due date on or after July 1, 2001. Existing law requires the Controller, upon receipt of monthly notification from the Department of Motor Vehicles, to transfer, into specified funds, an amount equal to the moneys received as payment of the vehicle license fees plus those amounts necessary to reimburse local governments for losses resulting from the vehicle license fee offset. Existing law requires the VLF offsets to be proportionately reduced within 90 days of a finding that there are insufficient moneys available to be transferred from the General Fund to fully fund the vehicle license fee offsets. This bill would include a city or county's declaration of a local emergency during a specified period of time as a circumstance that demonstrates that a local entity will experience a hardship. This bill would also make technical clarifying changes. This bill contains other existing laws. AB 1970 Harman Land use: housing element. Leginfo Link I-02/12/2004 04/19/2004-In committee: Set, first hearing. Hearing canceled at the request of author. Position: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. It also requires the Department of Housing and Community Development to determine the regional share of the statewide housing need, as specified, and for each council of governments to determine the existing and projected housing need for its region. This bill would authorize a city that meets specified requirements to adopt a housing element that makes no provision for new housing or the share of regional housing needs. AB 2158 Lowenthal Housing elements: regional housing need. Leginfo Link A-06/24/2004 08/12/2004-Do pass. Position: Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. One part of the housing element is an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs. The assessment includes the locality's share of the regional housing need. That share is determined by the appropriate council of governments, subject to revision by the Department of Housing and Community Development. A city, county, or city and county is required to submit a draft housing element or draft amendment to its housing element to the department for a determination of whether the draft complies with state law governing housing elements. This bill would revise the procedures for determining shares of the existing and projected regional housing need for cities, counties, and subregions at all income levels, as specified. By imposing additional duties upon local officials, this bill would create a state -mandated local program. This bill contains other related provisions and other existing laws. AB 2264 Chavez General plan: housing element. Leginfo Link A-04/12/2004 04/15/2004-In committee: Set, first hearing. Hearing canceled at the request of author. Position: Existing law requires the housing element of a city or county general plan to contain an assessment of housing needs, including an analysis of available governmental subsidy programs relative to preservation of affordable housing, and a program to implement the policies in the housing element. This bill would require that analysis and program to also identify available private funds, thereby creating a state -mandated local program by imposing new duties on local agencies. This bill contains other related provisions and other existing laws. AB 2348 Mullin Housing element: regional housing need. Leginfo Link A-06/24/2004 08/12/2004-Do pass. Position: Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. One part of the housing element is an assessment of housing needs and an inventory of land suitable for residential development in meeting a city's or county's share of the regional housing need, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning facilities and services to these sites. A city, county, or city and county is required to submit a draft housing element or draft amendment to its housing element to the Department of Housing and Community Development for a determination of whether the draft complies with state law governing housing elements. This bill would revise the criteria for the inventory of sites that can be developed for housing within the planning period to accommodate that portion of a city's or county's share of the regional housing need for all income levels, as specified, and would expand the relocation assistance available to persons displaced by sites identified for substantial rehabilitation. By imposing additional duties upon local officials, this bill would create a state -mandated local program. This bill contains other related provisions and other existing laws. AB 2437 Pacheco Cities: records. Leginfo Link I-02/19/2004 04/07/2004-In committee: Set, second hearing. Hearing canceled at the request of author. Position: Existing law provides that, unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after it is no longer required, except that this provision does not authorize the destruction of records affecting the title to real property or liens thereon, court records, records required to be kept by statute, records less than 2 years old, or the minutes, ordinances, or resolutions of the legislative body or of a city board or commission. This bill would provide that, notwithstanding these provisions, writings that are preliminary drafts, notes, or interagency or intra-agency memoranda need not be retained. It also would delete the requirement that unreproducible pages of records be preserved permanently. This bill contains other related provisions and other existing laws. AB 2442 Harman Property taxation: state -assessed property. Leginfo Link A-04/22/2004 05/20/2004-Referred to Com. on RLS. Position: support The California Constitution requires the State Board of Equalization to assess the property, other than franchises, of companies transmitting or selling gas or electricity. In addition, existing property tax law requires the board to annually assess an electric generation facility, with specified exceptions, with a generating capacity of 50 megawatts or more that is owned by an electrical corporation, as defined. This bill would authorize the Legislative Analyst, utilizing moneys within her or his existing budget, to conduct a study to describe and analyze the effect that a specified statute has had on the amount of ad valorem property taxes that are required to be paid by an electrical corporation for an electric generation facility that is assessed by the board pursuant to that statute. AB 2515 Runner Low-income housing: military base. Leginfo Link A-03/25/2004 04/12/2004-From committee: Be re -referred to Com. on H. & C.D. Re -referred. (Ayes 8. Noes 0.) (April 12). Position: The Community Redevelopment Law requires redevelopment agencies to use not less than 20% of taxes allocated to the agency for low- and moderate - income housing, as specified. The law authorizes the legislative bodies for communities having territory within, adjacent to, or in proximity to a specified military facility or installation to create a joint powers agency to have and exclusively exercise the powers of a redevelopment agency in furtherance of the redevelopment of a project area approved by the joint powers agency. This bill would authorize the above -described joint powers agency to defer the use of taxes allocated to the agency for low- and moderate -income housing for a period of not more than 5 years after the agency adopts, by resolution, findings based on substantial evidence that the vacancy rate for rental housing affordable to lower income households within the project area is more than 4%. The bill would require the amount deferred to be repaid by the end of the 15th fiscal year after the adoption of the resolution. AB 2528 Lowenthal Public water systems. Leginfo Link A-08/12/2004 08/12/2004-Read third time, amended. To second reading. 08/16/04 13 SEN ASSEMBLY BILLS -SECOND READING FILE Position: Existing law, the California Safe Drinking Water Act, requires the State Department of Health Services to administer provisions relating to the regulation of drinking water and public water systems and, among other things, to adopt primary drinking water standards for contaminants in drinking water and to monitor regulated and unregulated contaminants. Existing law requires every public water system serving more than 10,000 service connections that detects one or more contaminants in drinking water that exceed the public health goal to prepare a brief written report. This bill would delete this requirement and would, instead, require the operator of wholesale or retail public water systems, as defined, to provide notice relating to contamination of any drinking water that exceeds the maximum containment level, a response level, or a notification level, as defined, including, but not limited to, notification to the Public Utilities Commission if the public water system is a regulated public utility. This bill contains other related provisions and other existing laws. AB 2690 Hancock Public works: funds. Leginfo Link E-08/12/2004 08/12/2004-Urgency clause adopted. Senate amendments concurred in. To enrollment. Position••watch Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Otherwise covered work that meets certain criteria, including work that is performed entirely by volunteer labor, is excluded from this definition of "public works." Pursuant to existing law, all workers employed on public works shall be paid not less than the general prevailing rate of per diem wages for work, except for public works projects of $1,000 or less. This bill would exempt from these provisions any work that is performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or of certified Community Conservation Corps. This bill contains other related provisions. AB 2702 Steinberg Housing: second units. Leginfo Link A-05/25/2004 08/12/2004-SEN. APPR. Vote Position: C The Planning and Zoning Law requires the housing element of the general plan of a city or county to include, among other things, a program with a 5-year schedule of actions that the local government is undertaking or intends to undertake to implement the goals and objectives of the housing element. The program is also required to provide for sufficient sites with zoning that permits owner -occupied and rental multifamily residential use by right. This bill would revise the definition of the phrase "use by right" as specified and state that the changes are declaratory of existing law. This bill contains other related provisions and other existing laws. AB 2880 Pavley Vehicles: registration: fees: increase. Leginfo Link A-07/15/2004 08/12/2004-Do pass as amended. Position: Existing law authorizes the district board of the Sacramento Metropolitan Air Quality Management District to adopt a surcharge on motor vehicle registration fees applicable to all motor vehicles registered in the counties within that district. Existing law limits the amount of that surcharge to $4 for a motor vehicle whose registration expires on or after December 31, 1990. Existing law requires the Department of Motor Vehicles to collect that surcharge, and requires the Sacramento district to implement the air quality improvement strategy adopted by the Sacramento district. This bill would increase that surcharge limit to $6. The bill would require the Sacramento district to utilize the revenues from $4 of the surcharge to implement the air quality improvement strategy adopted by that district, and revenues from $2 of the surcharge to implement the Carl Moyer program, the new purchase, retrofit, repower, or add - on of equipment for agricultural sources of air pollution, the new purchase or retrofit of diesel schoolbuses, and the voluntary accelerated vehicle retirement program to achieve reductions in emissions from vehicular sources and offroad engines. This bill contains other related provisions and other existing laws. AB 2922 Laird California Environmental Quality Act: exemptions. Leginfo Link A-04/12/2004 06/21/2004-To inactive file on motion of Senator Sher. Position: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, unless the project is exempt from the act. This bill would correct a statutory reference and make other technical, nonsubstantive changes to that exemption provision. This bill contains other existing laws. AB 3007 Plescia Ralph M. Brown Act: notice of meetings. Leginfo Link A-03/23/2004 04/23/2004-In committee: Set, first hearing. Hearing canceled at the request of author. Position: oppose Under the Ralph M. Brown Act, any person may request that a copy of the agenda, or a copy of the agenda packet of documents, of any meeting or any regular meeting of a legislative body of a local agency be mailed to that person and the legislative body is permitted to charge a fee not to exceed the cost of providing the service. This bill would make technical, nonsubstantive changes in those provisions. This bill contains other related provisions and other existing laws. ACA 5 Cogdill Local government finance: property tax revenue allocation: local agency relief. Leginfo Link I-12/11/2002 05/28/2003-In committee: Set, second hearing. Held under submission. Position: support Existing provisions of the California Constitution require that the revenues derived from the general ad valorem property tax be allocated to local jurisdictions in each county in accordance with law. Existing statutory law implementing these provisions requires each county auditor, in each fiscal year, - to allocate property tax revenues to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing statutory law reduces the amounts of ad valorem property revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation provisions by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. Existing law annually requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. This measure would modify these reduction and transfer requirements, for the 2004-05 fiscal year and each fiscal year thereafter, by prohibiting the total amount allocated to a county's Educational Revenue Augmentation Fund from exceeding the applicable percentage, set forth in a specified schedule, of the total amount allocated to that fund for the 2002-03 fiscal year. This measure would further require that the revenues not allocated to the county's Educational Revenue Augmentation Fund as a result of these limits be allocated instead among the local agencies in the county, as provided, and that the decrease in allocations to a county's Educational Revenue Augmentation Fund resulting from those limitations be first applied to reduce allocations from that fund to school districts and the county office of education. This bill contains other related provisions and other existing laws. ACA 9 Levine Local governmental taxation: special taxes: voter approval. Leginfo Link A-04/21/2003 09/08/2003-Passed on file. To inactive file - Rule 78 Position: support The California. Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 2/3 of the voters of the city, county, or special district voting on that tax . This measure would authorize a city, county, or special district to impose a qualified special tax , as defined, to fund capital infrastructure construction projects, with the approval of a majority of its voters voting on the tax . This measure would also make technical, nonsubstantive , and conforming changes to a related provision . ACA 10 Harman Local government: property -related fees. Leginfo Link I-02/11/2003 06/04/2003-To inactive file on motion of Assembly Member Harman. Position: support The California Constitution, with the exception of fees or charges for sewer, water, and refuse collection services, conditions the imposition or increase of a property -related fee or charge upon the approval by a majority vote of the property owners of the property subject to the fee or charge or, at the option of the agency imposing the fee or charge, by a 2/3 vote of the electorate residing in the area affected by the fee or charge. This measure would additionally exclude fees and charges for storm water and urban runoff management from these voter approval requirements for the imposition or increase of property -related charges and fees. ACA 11 Levine Local government: general obligation bonds: infrastructure projects. Leginfo Link A-04/21/2003 09/08/2003-Passed on file. To inactive file - Rule 78. Position: support The California Constitution provides that the maximum amount of any ad valorem tax on real property may not exceed 1% of the full cash value of the property with certain exceptions, including bonded indebtedness incurred by a school district for school facilities that is approved by 55% of the voters in the district voting on the proposition. This measure would include, as an additional exception to the 1 % maximum tax rate on real property, bonded indebtedness incurred by a local government for the construction of one or more infrastructure projects, as specified, with the approval of 55% of the votes cast by the voters voting on the proposition. This bill contains other related provisions and other existing laws. ACAX5 1 Canciamilla State finance. Leginfo Link I-11/18/2003 12/05/2003-In committee: Set, first hearing. Held without recommendation. Position: Existing provisions of the California Constitution require the Governor to submit annually to the Legislature a budget for the ensuing year, and prescribe procedures for the Legislature to pass a budget bill, as specified. This measure would, for the 2005-06 and subsequent fiscal years, prohibit the budget bill and other bills as passed by the Legislature from appropriating for a fiscal year more than an unspecified amount based on estimated General Fund revenues for that fiscal year. The measure would also prohibit appropriations in excess of estimated General Fund revenues and would provide that an appropriation made in violation of that provision would be null and void. This measure would impose related duties on the Legislative Analyst. This bill contains other related provisions and other existing laws. ACAX5 2 Campbell State expenditures. Leginfo Link I-11/20/2003 12/05/2003-Read first time. Position: Existing provisions of the California Constitution require the Governor to submit to the Legislature, and prescribe procedures for the Legislature to enact and send to the Governor, a Budget Bill for each fiscal year. This measure would prohibit the Legislature from sending to the Governor, and the Governor from signing, a Budget Bill for which appropriations from the General Fund combined with all other General Fund appropriations to date for that fiscal year, exceed estimated General Fund revenues, unless there are sufficient unencumbered prior year funds available. This measure would require the Governor to propose any necessary budget adjustments to eliminate any negative balance projected to occur after the Budget Bill is enacted, and would prohibit the Legislature from sending any other bill to the Governor until legislation eliminating the negative balance has been enacted into law. This bill contains other related provisions and other existing laws. SB 17 Escutia Property taxation: change in ownership. Leginfo Link A-08/12/2004 08/12/2004-Read third time. Amended. To third reading. 08/16/04 284 ASM SENATE THIRD READING FILE Position: support The This bill would state legislative findings and declarations regarding the bill's. purpose. This bill would also require a person or entity that obtains a controlling or majority ownership interest in a legal entity, or an entity that makes specified transfers of ownership interests in the legal entity, to file a change in ownership statement, as specified, with the board within 60 days of specified transactions and would impose specified penalties if the statement is not timely filed or contains misrepresentations. This bill would specify that these provisions do not apply to property that is assessed by the State Board of Equalization, as provided. This bill would also make conforming changes to related provisions. This bill contains other related provisions and other existing laws. SB 55 Ackerman State -mandated local programs. Leginfo Link I-01/14/2003 02/02/2004-Returned to Secretary of Senate pursuant to Joint Rule 56. Position: watch Existing law requires the state to reimburse local agencies and school districts for the cost of state -mandated local programs. This bill would provide that, for the period of January 1, 2004, through December 31, 2005, with specified exceptions, no new state -mandated local program shall become operative unless approved by a 2/3 vote of the Legislature, any state -mandated local program enacted prior to January 1, 2004, shall be suspended unless reenacted by a 2/3 vote of the Legislature, and no local agency shall be required to implement or give effect to any state -mandated local program that is not reimbursed by the state. SB 407 Torlakson Local government financing: enterprise special districts: property tax revenue allocations. Leginfo Link A-09/12/2003 01/29/2004-Reconsideration granted. Placed on inactive file on request of Assembly Member Chan. Position: watch Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, and generally requires that each jurisdiction be allocated an amount equal to the total of the amount of revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications, and that jurisdiction's portion of the annual tax increment, as defined. Existing property tax law also reduces the amounts of ad valorem property tax revenue that would otherwise be annually allocated to the county, cities, and special districts pursuant to these general allocation requirements by requiring, for purposes of determining property tax revenue allocations in each county for the 1992-93 and 1993-94 fiscal years, that the amounts of property tax revenue deemed allocated in the prior fiscal year to the county, cities, and special districts be reduced in accordance with certain formulas. It requires that the revenues not allocated to the county, cities, and special districts as a result of these reductions be transferred to the Educational Revenue Augmentation Fund in that county for allocation to school districts, community college districts, and the county office of education. Existing law excludes from these reduction and transfer requirements, among other entities, multicounty special districts. This bill would require, in the 2003-04 fiscal year, that the amount of ad valorem property tax revenue deemed allocated in the 2002-03 fiscal year to an enterprise special, district, as defined, be reduced by the lesser of 2 amounts. This bill would decrease this reduction amount by 70% for a district that also performs nonenterprise functions. This bill would also require that those ad valorem property tax revenues that are not allocated to an enterprise special district as a result of these provisions instead be allocated to a county Educational Revenue Augmentation Fund for allocation as otherwise required by law. This bill would also require that ad valorem property tax revenue allocations in the 2004-05 fiscal year and each fiscal year thereafter fully incorporate the allocation adjustments required by the bill. This bill contains other related provisions and other existing laws. C i SB 559 Ortiz Hazardous substances: Brownfield Cleanup and Leginfo Link SB 744 Leginfo Link SB 764 Leginfo Link A-07/28/2004 Position: watch Redevelopment Act. 08/12/2004-Do pass as amended. The Carpenter -Presley -Tanner Hazardous Substance Account Act imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control (department) to adopt, by regulation, criteria for the selection and priority ranking of hazardous substance release sites for removal or remedial action under the act. The act requires the department or, if appropriate, a California regional water quality control board, to prepare or approve remedial action plans for each listed site. This bill would establish the Brownfield Cleanup and Redevelopment Act, define terms, and authorize the department and the State Water Resources Control Board to adopt guidance documents, policies, and procedures to implement the act. The bill would require the department and the board to pursue specified agreements with state and federal agencies and would require the department and the board to enter into an agreement to minimize overlap, and to maximize coordination and consistency in oversight of brownfield site projects under the act. This bill contains other related provisions and other existing laws. Dunn Planning: housing. A-05/25/2004 06/17/2004-Hearing postponed by committee. (Refers to 6/16/2004 hearing) Position: oppose Existing law requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. One part of the housing element is an assessment of housing needs and inventory of resources and constraints relevant to meeting these needs. The assessment includes the locality's share of regional housing needs , which is determined by the appropriate council of governments, subject to revision by the Department of Housing and Community Development. This bill would establish within the department a Housing Accountability Committee consisting of 5 members, appointed as specified, to hear appeals of city, county, or city and county decisions on applications for the construction of housing developments that meet specified affordability requirements. Morrow Property tax: veterans' exemptions. A-06/23/2004 08/12/2004-Do pass as amended. Position: oppose unless amend The California Constitution authorizes an exemption from property taxation of the principal residence of a disabled veteran, or a veteran's spouse, in the case in which the veteran has become disabled as a result of a service -connected disease or injury or has died while on active duty in military service. This bill would, for assessment years beginning on and after January 1, 2006, increase these exemption amounts by a specified inflation factor. This bill would also impose a state -mandated local program by requiring local tax officials to annually adjust these increased exemption amounts in accordance with a specified inflation factor. This bill contains other related provisions and other existing laws. SB 1089 Johnson State Water Pollution Control Revolving Fund. Leginfo Link A-07/08/2004 08/12/2004-Read third time. Passed. To Senate. Position: Existing law continuously appropriates state and federal funds in the State Water Pollution Control Revolving Fund for the construction of publicly owned treatment works by a municipality, the implementation of a management program, the development and implementation of a conservation and management plan, and other related purposes in accordance with the federal Clean Water Act and the Porter -Cologne Water Quality Control Act. This bill would require the State Water Resources Control Board, for the purposes of administering that fund, to give favorable consideration to certain types of eligible projects, including projects undertaken in response to an administrative enforcement order. SB 1126 McClintock Sales and use taxes exemption. Leginfo Link I-01/12/2004 05/04/2004-Set, second hearing. Failed passage in committee. (Ayes 2. Noes 1. Page 3574.) Position: support The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. That law provides various exemptions from that tax. This bill would exempt from those taxes the gross receipts from sales or purchases of specified fire equipment by a local fire department, as defined. This bill contains other related provisions and other existing laws. SB 1165 Committee on Local Local Government Omnibus Act of 2004. Government Leginfo Link C-07/07/2004 07/07/2004-Chaptered by Secretary of State - Chapter No. 118, Statutes of 2004 Position: Existing law makes it a misdemeanor punishable by a fine not to exceed $1,000 to file a false fictitious business name statement with the county clerk. Existing law requires the county clerk to furnish without a charge a form with respect to filing that statement. This bill would revise the requirements of that form to correctly state that the fine may not exceed $1,000. This bill contains other related provisions and other existing laws. SB 1217 Margett Sales and use taxes: Bradley -Burns Uniform Local Sales and Use Tax Law: citation. Leginfo Link I-02/11/2004 02/26/2004-To Com. on RLS. Position: watch Existing law authorizes the imposition of a sales and use tax on retail sales of tangible personal property, as specified, that is comprised of the state tax imposed at the combined rate of 6%, and a local sales and use tax imposed at the uniform combined rate of 1 1/4%. The existing law that governs the sales and use taxes uniformly imposed by local governments is known as the Bradley -Burns Uniform Local Sales and Use Tax Law. This bill would make a technical, nonsubstantive change to the title provision of the Bradley -Burns Uniform Local Sales and Use Tax Law. SB 1218 Margett Development projects: fees. Leginfo Link I-02/11/2004 02/26/2004-To Com. on RLS. Position: watch The Mitigation Fee Act authorizes a local agency to establish, increase, or impose various fees as a condition of approval of a development project, if specified requirements are met. The act defines a development project as any project undertaken for the purpose of development. This bill would revise the definition of development project to mean any project undertaken for the primary purpose of development. SB 1219 Margett Commission on State Mandates. Leginfo Link I-02/11/2004 02/26/2004-To Com. on RLS. Position: watch Existing law creates the Commission on State Mandates and establishes procedures for implementing the requirement in the California Constitution that the state reimburse local agencies and school districts for certain costs mandated by the state. This bill would make a technical, nonsubstantive change in these provisions. SB 1263 Torlakson Development projects: mandatory approval. Leginfo Link I-02/13/2004 03/17/2004-Set, first hearing. Hearing canceled at the request of author. 0 r Position: The Planning and Zoning Law generally regulates the review and approval of development projects and authorizes a planning agency or, if so directed by the legislative body of a city or county, requires the planning agency to prepare specific plans containing prescribed matters relating to land use to implement the general plan for all or part of an area covered by the general plan. That law requires a public agency to comply with specified timelines in connection with the approval of development projects, and prohibits a public agency from disapproving a development project solely in order to comply with the specified time limits, but does not otherwise require that a development project be approved. This bill would require a public agency to approve a development project that is consistent with certain specific plans approved on or after July 1, 2004, unless the agency finds that approval would result in a specific, significant, adverse effect upon the public health or safety that cannot feasibly be mitigated or avoided. This requirement would create a state -mandated local program by imposing new duties on local agencies. The bill would contain related legislative findings and declarations, and a statement of legislative intent relative to the promotion of approval of development projects in areas that have been properly planned for development. This bill contains other related provisions and other existing laws. SB 1351 Soto Political Reform Act of 1974: local government agency officials: conflicts of interest. Leginfo Link A-06/21/2004 08/04/2004-Placed on APPR. suspense file. Position: support Existing law, the Political Reform Act of 1974, an initiative measure, defines "immediate family," for purposes of reporting requirements, prohibitions against conflicts of interest, and restrictions on the use of campaign funds under the act, to include the spouse and dependent children of state officials and designated employees subject to the act. This bill would redefine immediate family for these purposes to include the spouse and any children of state officials and designated employees subject to the act. This bill contains other related provisions and other existing laws. SB 1559 Bowen Sales and use taxes: seller's permits. Leginfo Link A-08/09/2004 08/12/2004-From committee: Do pass. (Ayes 11. Noes 6.) 08/16/04 7 ASM SENATE SECOND READING FILE Position: The Sales and Use Tax Law imposes a tax on the gross receipts from the sale in this state of, or the storage, use, or other consumption in this state of, tangible personal property. Existing law requires every person who desires to engage in or conduct business as a seller to file with the board an application for seller's permit for each place of business, as specified. This bill would modify this requirement to require a seller's permit only for a place of business at which the negotiation for transactions for the sale of tangible personal property are customarily conducted, and would declare that these changes are declaratory of existing law. This bill would also require a seller that authorizes an agent to apply for a seller's permit to submit a copy of that authorization to the board, if the board so requests. SB 1573 Battin State mandates: reimbursement. Leginfo Link I-02/19/2004 04/20/2004-Set, first hearing. Hearing canceled at the request of author. Position: oppose Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing statutory law establishes a procedure for local government agencies to file claims for reimbursement of these costs with the Commission on State Mandates. This bill would define the costs eligible for reimbursement under these provisions as including only costs in addition to those costs previously incurred, including any costs of discretionary efforts to implement the program or service prior to enactment of the mandate, unless the Legislature specifies that the previously optional costs are to be reimbursed; only those costs of providing, in the most cost-effective manner, the minimum level of program or service necessary to comply with the mandate; and only costs up to a maximum level specified in legislation. This bill contains other related provisions and other existing laws. SB 1592 Torlakson Local planning. Leginfo Link A-06/09/2004 06/16/2004-Set, first hearing. Hearing canceled at the request of author. Position: 0 • The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes a housing element, land use element, and an open -space element. The law authorizes the preparation of specific plans for the systematic implementation of the general plan. This bill would, except as specified, require each city and each county to adopt or amend an infill ordinance or a specific plan for infill development that identifies potential infill sites and specifies appropriate zoning to encourage infill development on vacant and underutilized parcels. It would require the infill ordinance or specific plan to provide at least 5 incentives for infill housing from a specified list of 10 incentives as well as an affordable housing strategy. By imposing additional duties upon local officials, this bill would create a state -mandated local program. This bill contains other related provisions and other existing laws. SB 1641 Alarcon Local government. Leginfo Link A-03/31/2004 04/21/2004-Set, first hearing. Hearing canceled at the request of author. Position: Existing law prohibits a local agency from providing financial assistance to a big box retailer, as defined, and other business entity that sells or leases land to a big box retailer that is relocating from the territorial jurisdiction of one community or local agency, to the territorial jurisdiction of another community or local agency, but within the same market area unless the receiving community or local agency offers the other community or local agency a contract apportioning the sales tax generated by the retailer, as specified. This bill would state the intent of the Legislature to promote market competition and economic development and to address the concerns of the state's small businesses as the number of big box retail stores continues to rise. The bill would also make findings and declarations concerning the responsibilities of local governmental agencies with respect to big box retailers. This bill contains other related provisions and other existing laws. SB 1659 Poochigian Eminent domain: compensation. Leginfo Link A-04/26/2004 05/04/2004-Set, first hearing. Failed passage in committee. (Ayes 1. Noes 4. Page 3597.) Reconsideration granted. Position: 0 • Existing law provides that the measure of compensation for property taken by eminent domain is the fair market value of the property taken, as specified. This bill would provide, that, with respect to property taken pursuant to the Community Redevelopment Law, if the property owner intends to replace the property taken in order to continue his or her business or residency in the same area, the measure of compensation for the property taken by eminent domain is the cost to replace the residence or business on the property taken, upon property within the same area , as defined, that is comparable in size, location, and usage, and that meets all legal requirements for such a residence or business, whether statutory or regulatory, state or local. SB 1698 Torlakson Emergency response liability. Leginfo Link I-02/20/2004 04/20/2004-Set, first hearing. Failed passage in committee. (Ayes 2. Noes 2. Page 3384.) Position: support Existing law provides that any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle, a boat or vessel, or a civil aircraft, caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate response, is liable for the expense of an emergency response by a public agency to the incident. This bill would define emergency response for the purposes of these provisions. SB 1702 Baffin Housing tax credits. Leginfo Link I-02/20/2004 03/26/2004-Set for hearing April 19. Position: Existing law establishes the California Tax Credit Allocation Committee as the state agency responsible for allocating housing tax credits for purposes of federal law, and requires the Department of Housing and Community Development to determine the regional share of the statewide housing need in connection with the adoption of the housing element of a city or county general plan. This bill would require the committee to allocate the available housing credit to each county in proportion to the need identified by the department in its determination of the regional share of the statewide housing need. The bill would require the committee to adopt regulations to implement this requirement. SB 1774 Johnson Local government finance. Leginfo Link A-05/24/2004 06/16/2004-Set, first hearing. Hearing canceled at the request of author. Position: watch 0 0 A proposed amendment to the California Constitution, SCA 22 of the 2003-04 Regular Session, would, among other things, establish a School Assistance Fund for Education (SAFE) in the treasury of each county to receive specified revenues. This bill would implement this proposed constitutional amendment. This bill would create a State School Assistance Fund for Education in the State Treasury that would consist of 2 accounts: a SAFE Sales and Use Tax Revenue Account and a SAFE Vehicle License Fee Law Account, which accounts would respectively receive specified state sales and use tax revenues and vehicle license fee revenues. This bill would make an appropriation by continuously appropriating moneys in these accounts to county SAFES. This bill would require that moneys in a county SAFE be allocated for various purposes, including making advances to cities, counties, and cities and counties against these entities' annual ad valorem property tax allocations and making allocations to school entities in a county, as specified. This bill contains other related provisions and other existing laws. SB 1818 Hollingsworth Density bonuses. Leginfo Link A-07/28/2004 08/12/2004-From committee: Do pass. (Ayes 13. Noes 2.) 08/16/04 11 ASM SENATE SECOND READING FILE Position: The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus or other incentives or concessions for the production of lower income housing units within the development if the developer meets certain requirements, including a requirement that the applicant agree or propose to construct a specified percentage of the total units for specified income households or qualifying residents. Existing law also requires an additional density bonus or additional concession or incentive to be granted to a developer of housing that meets those requirements and includes a child care facility, as defined, subject to specified conditions. Existing law prohibits the legislative body from establishing fees to support the work of the planning agency that exceed the reasonable cost of providing the service for which the fee is charged. This bill would revise the above -described provision to, among other things, require, when a developer seeks a density bonus for a housing development within, or for the donation of land within, the jurisdiction of the local government, that the local government provide a density bonus or other incentives or concessions for the production of housing units and child care facilities, as specified. By increasing its duties of local officials, this bill would impose a state -mandated local program. This bill contains other related provisions and other existing laws. SBX1 3 Escutia Property taxation: change in ownership. Leginfo Link I-01/16/2003 0 1 / 16/2003 -Introduced. Read first time. To Com. on RLS. • 0 Position: support The California Constitution generally limits ad valorem taxes on real property to 1 % of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975-76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests in a corporation, partnership, limited liability company, or other legal entity results in a change in ownership of the real property owned by that entity, and generally provides that a change in ownership as so described occurs when a legal entity or other person obtains a controlling or majority ownership interest in the legal entity. This bill would, pursuant to legislative findings and declarations, state the intent of the Legislature to enact a program to specify those circumstances under which nonresidential commercial and industrial property undergoes a change in ownership, to ensure that all real property is assessed at fair market value when that real property undergoes a change in ownership. SBX5 1 Brulte Vehicle license fees. Leginfo Link A-12/12/2003 12/12/2003-From committee with author's amendments. Read second time. Amended. Re -referred to committee. Position: The This bill would repeal the existing $1,000 reimbursement limitation and would instead appropriate $3,574,000,000 from the General Fund for reimbursement to local governments for revenue losses resulting from the application of the VLF offsets. This bill contains other related provisions and other existing laws. SCA 9 Brulte Transportation. Leginfo Link A-07/29/2004 08/09/2004-Re-referred to Com. on RLS. pursuant to Senate Rule 29.10. Position: support The California Constitution authorizes funds in the Public Transportation Account in the State Transportation Fund to be loaned to the General Fund under specified conditions. This measure would make nonsubstantive changes in this provision. SCA 15 McClintock State contracts: contracting out state services. Leginfo Link I-01/26/2004 04/20/2004-Set, first hearing. Failed passage in committee. (Ayes 4. Noes 7. Page 3378.) Reconsideration granted. • 9 Position: support The California Constitution permits the state and all other governmental entities in this state to contract with private entities for architectural and engineering services for all public works of improvement. This measure would authorize the Governor to require any state agency to contract out the performance of state activities or tasks to the private sector that otherwise may be performed by persons selected through the state civil service if the Governor determines that terms more favorable to the state may be so obtained. This measure would require that contracts entered pursuant to these provisions be let or awarded on a competitive bid basis and be reviewed and approved by the Department of General Services or its successor agency. This measure would be self- executing. This bill contains other existing laws. 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Renewal of Advocation, Inc.'s Contract COUNCIL MEETING DATE: Sept. 7, 2004 RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) STATUS Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator (initial) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author: ii ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 03/01/2004 THROUGH 06/30/2004 CUMULATIVE PERIOD BEGINNING 01/01/2004 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvina Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF A B 1/5 FOR OFFICIAL USE ONLY BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) sb1698as6 9 1 3 sca9 scb915 AB2093 as2107 ab2406 ab2690 ab3 7 st(M s61087 sb108 sb135118b 397 sb1V74 sb1126 sb1573 ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 15337.61 C. Total Activity Expenses Part III, Section C..................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 15337.61 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached pX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. n Executed on (Date) At (City and State) B (Si nature of �,,m,p�llo��er or 07/27/20t04 Huntingtn Beach CA t7r. �N4aq .//°rorkn Jame of Employer or Responsible Officer (Type or Print) Mr. William P. Workman Assistant City Administrator CAL2PDF Version3.9 • 0 PERIOD COVERED: 03/01 /2004 06/30/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF 2/5 PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Celeste Heritage ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 15000.00 337.61 0.00 15337.61 31106.67 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 15337.61 C� 3/5 PERIOD COVERED: 03/01 /2004 06/30/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of Total Amount of Reportable Persons and Consideration Amount Benefiting Each of Activity If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) • u •r • - . �1� [116^90171vi1T�L NAME OF FILER: HUNTINGTON BEACH CITY OF 4/5 PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. • • ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 03/01/2004-06/30/2004 5/5 NAME OF FILER: HUNTINGTON BEACH CITY OF - For Use By: A state or local govemment agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum ...................... ................. . . $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying 0.00 activity (excluding overhead). Such payments must be itemized below.............. ........ $ 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 ❑ if more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 ADVOCATION July 12, 2004 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RECEIVED JUL 19 2004 CITY OF HUNTI_NGTON BEACH ADMINISTRATIVE OFFICE RE: 2nd Quarter 2004 Lobbying Information Dear Ms. Dapkus: The 2nd Quarter 2004 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by July 31, 2004. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments Made to Advocation, Inc. During April, May or June 2004: Your Check Date Quarter Paid Fees Expenses 4/23 2nd 5,000.00 119.75 5/28 2nd 5,000.00 107.36 6/25 2nd 5,000.00 110.50 Total Fees: 15,000.00 Total Expenses: 337.61 Grand Total: 15,337.61 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.ccm Tel: 916.447.8229 Fax 916.447.3447 July 12, 2004 Page Two Legislation or Agency Actions Actively Lobbied During April, May or June, 2004: Bills: AB 496, 710, 1791, 2442, ACA 10, SB 1698, SCA 15 Issues/Agency: Resources Agency re above bills In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of June 30, 2004. It is possible that you have made additional payments to Advocation that were not received in our office by June 30, and therefore are not listed above. Please be reminded that any of your checks dated in April, May or June 2004 must be added to the above information and reported on your 2nd quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, It. C� fl. I Celeste H. Heritage Vice President RWRT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 01/01/2004 THROUGH 03/31/2004 CUMULATIVE PERIOD BEGINNING 01/01/2004 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) x10 1/4 FOR OFFICIAL USE ONLY A 0 (City) (State) (Zip Code) TELEPHONE NUMBER: P.U. Bo s HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) ab496 ab694 ab710 ab974 ab1073 ab1324 ab1791 ab2442 aca5 aca9 aca10 aca11 sb17 sb18 sb407 sb764 sb1126 sb1573 sb1698 sbx1-3 sca9 sca15 EJ if more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ GRAND TOTAL (A + B + C + D above).................................................................................. $ E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ WE 15769.06 0.00 0.00 15769.06 0.00 F. Campaign Contributions: Part Iv completed and attached 0 No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. r Executed 04 20/2004e) Name of Employer or Responsible Officer (Type or Print) Mr. William P. Workman At (City and State) Huntington Beach CA By (Signs uJe of Employ r or Mr. W jfam P. WoRry Title Assistant City ►�J 0 2/4 PERIOD COVERED: 01/01/2004 03/31/2004 NAME OF FILER: HUNTINGTON BEACH CITY OF PART If - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Celeste Heritage ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) mount This A Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 15000.00 769.06 0.00 15769.06 15769.06 TOTAL THIS PERIOD (Column 4) ❑ If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 15769.06 r • 3/4 PERIOD COVERED: 01 /01 /2004 03/31 /2004 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Description of Total Date Name and Address of Payee of Reportable Persons and Consideration .Amount Amount Benefiting Each of Activity if more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ❑ NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION $ 0.00 D (1 + 2) Also enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) • U PERIOD COVERED: n1 /n1 /2nO4 m/31 mnn4 NAME OF FILER: HUNTINGTON BEACH CITY OF 4/4 PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of is ate candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount ElIf more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. r qW 4& is AMOCAUON April 14, 2004 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RECEIVED 5RR� p APR i �`. ArI ""004y �^¢„ (� Vi i `c. 4 :f4 k U 4 C.°EAr H RE: 1 st Quarter 2004 Lobbying Information Dear Ms. Dapkus: The 1st Quarter 2004 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by April 30, 2004. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Payments to Advocation, Inc. During Januarv. February or March 2004: Your Check Date Quarter Paid Fees Expenses 1 /16 t St 5,000.00 78.96 2/27 1st 5,000.00 93.96 3/26 1st 5,000.00 596.14 Total Fees: 15,000.00 Total Expenses: 769.06 Grand Total: 15,769.06 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com Tel: 916.447.8229 Fax: 916.447.3447 April 14, 2004 Page Two Legislation or Agency Actions Actively Lobbied During January, February or March, 2004• Bills: AB 1791, AB 2442, SB 1698, SCA 15 Issues/Agency: none In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of March 31, 2004. It is possible that you have made additional payments to Advocation that were not received in our office by March 31 ", and therefore are not listed above. Please be reminded that any of your checks dated in January, February or March 2004 must be added to the above information and reported on your 1 st quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Celeste H. Heritage Vice President ra ® REPORT OF LOBBYIST EMPLOYER • (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 10/01/2003 THROUGH 12/31/2003 CUMULATIVE PERIOD BEGINNING 01/01/2003 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvina Disclosure Provisions of the Political Reform Act. NAME OF FILER: HLINTINGTON BEACH CITY OF A B 1/6 FOR OFFICIAL USE ONLY BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) ® If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part 111, Section B, Column 4)......................................................................... $ 15199.67 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).............................................................I..................... $ 15199.67 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached pX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) At (City and State) B �Signa re of Employer or nsible Off 01/27/2004 Huntington Beach CA Will' P Workman r Name of Employer or Responsible Officer (Type or Print) Title William P. Workman Assistant City Administrator CAL2PDF Version3.9 n U • PERIOD COVERED: 10/01 /2003 12/31 /2003 NAME OF FILER: HUNTINGTON BEACH CITY OF 3/6 C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of p Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) r• • • ATTACHMENT FORM 640 IN Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 10/01/2003-12/3112003 NAME OF FILER: HUNTINGTON BEACH CITY OF 516 For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ ......... . 2. Total payments to Lobbying Coalitions. Report as a lump sum ......... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying 0.00 activity (excluding overhead). Such payments must be itemized below ...................................... 5. Grand total of "Other Payments to Influence Legislative or Administrative 0.00 Action." Also enter this total on the appropriate line of the Summary of $ Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its. total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Quarter Cumulative Amount Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 ADVOCATION January 14, 2004 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 4th Quarter 2003 Lobbying Information Dear Ms. Dapkus: RECEIVED JAN 2 ? 2004 C f OF HUN, € tl ru i ui'� LEACH ADMINISTRATIVE OFFICE The 4th Quarter 2003 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by January 31, 2004. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments to Advocation, Inc. Durine October, November or December 2003: Your Check Date Quarter Paid Fees Expenses 10/31 4th 5,000.00 95.43 11 /21 4th 5,000.00 86.26 12/19 4th 5,000.000 17.98 Total Fees: 15,000.00 Total Expenses: 199.67 Grand Total: 15,199.67 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com I Tel: 916.447.8229 JI Fax :916.447.3447 Council/Agency Meeting Held: /444-3 Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Jerk's Sign re Council Meeting Date: October 6, 2003 Department ID Number: 03-21 CITY OF HUNTINGTON BEACH w REQUEST FOR COUNCIL ACTIONCn m SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS --i ' -< co r SUBMITTED BY: Jill Hardy, Chair on behalf of Intergovernmental Relafons C mmitte� Members Mayor Boardman and Councilwoman Coojrtef� " =` PREPARED BY: / � N Patricia Dapkus, Department Analyst Senior D SUBJECT: Approve Amendment #1 of the Contract with Advocations, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of an amendment extending the contract with the Advocation, Inc. for professional services related to the acquisition of state funds for priority projects within the City and related legislative issues for one additional year. Funding Source: Funds for the Contract have been budgeted in the 2003-04 fiscal year budget under General Fund Intergovernmental Relations Professional Services Account #10030201.69365. The total cost for this contract amendment is not to exceed $64,000 for the year. Recommended Action: MOTION Approve Amendment #1 to the agreement for professional services between the City of Huntington Beach and Advocation, Inc. for the purpose of assisting the City in the acquisition of state funds for priority projects within the City, and authorize the Mayor and City Clerk to execute the agreement. Alternative Action(s): Do not approve the amendment and direct staff accordingly. E3 REQUEST FOR COUNCIL ACTIUN MEETING DATE: October 6, 2003 Analysis: DEPARTMENT ID NUMBER: 03-21 Advocation, Inc. has represented the City in Sacramento during two of the most economically challenging years in the state's history. During this period they have worked closely with the Intergovernmental Relations Committee, Administrative staff, the City Treasurer and the State League in identifying State legislation that would negatively impact the city's revenue. Of particular note is the role Advocation played in conjunction with our City Treasurer, Assemblyman Harman and a consortium of cities in assuring passage of AB 81 (during the 2002 legislative session.) Passage of AB 81 protected property tax revenue the City receives as a result of having a power facility located in the city. Without its passage, the revenue would have dropped from $204,000 to approximately $7,000 annually. Advocation also keep us aware of issues that have the potential to impact the city. They work closely with our State legislators in moving forward the city's position on legislation such as AB 710, the OCTA Board restructuring bill. We depend on Advocation to be the City's eyes, ears, and voice in Sacramento. Having them there reduces the need for Council and City staff to travel to Sacramento. Advocation has agreed to renew their contract at last year's rate. The Intergovernmental Relations Committee is, therefore, recommending that the City extend their contract for one additional year. Environmental Status: N/A Attachment(s): RCA Author: P.Dapkus Advocations Contract RCA - 2003.doc -2- September 16, 2003 3:54 PM � • .. ,- _, _ e. ,:. � �� .� . �� y _,� .. �. q.. __ �. �:: <. a�- � 0 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC. THIS AMENDMENT is made and entered into the 6thday of October , 2003, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and ADVOCATION, INC., a California nonprofit corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 1, 2001, entitled "Professional Services Contract Between The City Of Huntington Beach And Advocation, Inc., For Lobbying Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to extend the Term of the Original Agreement for an additional one-year period, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period of one year. The Original Agreement shall now terminate on September 30, 2004, unless further extended by mutual written agreement by the parties, or sooner terminated as provided in the Original Agreement. City shall pay Consultant a fee of Five Thousand Dollars ($5,000.00) per month for said additional one-year period. City shall also reimburse Consultant for its reasonable expenses incurred in the performance of the Original Agreement (as set forth in Section 4(c) of the Original Agreement) during said additional one-year period in an amount not to exceed Four Thousand Dollars ($4,000.00). Consultant shall submit all requests for expense reimbursements to City for approval, which approval shall not be unreasonably withheld. PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 • 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: ADVOCATON, INC. a California corporation i CNRR`es ` ' Co,- �E (print or type name) Its: (circle one) Chairma residen ice President CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State f California r AVA40A.-Ol Mayor ATTEST City Clerk \\ _ROVED AS TO FORM: rint or type name) ! c C. Its: (circle one Secret chief Financial Officer/ t� Attorny Ass . ecretary-Treasurer REVIEWED AND APPROVED: City Ad istrator 2 PDA: 03 Agreements: Amendment to Extend Advocation Inc RLS 2003-0392 INITIATED AND APPROVED: �1 City Adminstrator 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Renewal of Advocations, Inc.'s Contract COUNCIL MEETING DATE: October 6, 2003 RCA ATTACHMENTS Ordinance (w/exhibits & legislative draft if applicable) STATUS Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Si ned in full by the City Attorney ) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable L Find ings/Cond itions for Approval and/or Denial Not Applicable REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (initial) City Administrator (Initial) City Clerk RCA Author: 0 J/05/2003 07:10 FAX 71.1:8003815 FATCO NATL C031L i �QS� wMe4�a F First American Title Insurance Company Z 001/002 FACSIMILE COVER SHEET 316-6s - F DD NationalCommercial Services Division DATE: Monday, May 05, 2003 TO: CONNIE BROCKWAY, CURT SALDER, FROM;MARICEL BORRASIHS GILLES AOUZERAT, MARGARET VANHERK COMPANY: CITY OF H.B., LEE & PHONE: (714) 800.4732 ASSOCIATES, LGB INVESTMENTS, LIFESTYLE HOMES FAX: (714) 374-1557, (949) 833-0608, (714) FAX: (714) 800-3815 374-4213, (714) 969-6689 PHONE: PAGES (INCLUDING COVER): NOTES/COMMENTS: NCS-24071-MB Attached please find a copy of Supplemental Commitment dated May 02, 2003 for your records, AV G. C-dam 4if, ir-G S 1 First American Way, Santa Ana, CA 92707 Ve TEL 714.800.4732 • FAx 714.600,3815 LO r(0- N(U 0) LL p c 1co 00 CF) C) CO C*IJ _0 E E LU CY a CU (D (D 0 0 lc� 75 ' 0 g 04 m CDL CD L C\i 0 i 0 0 0 10 M 1 0 C) I =, r- i (0 CD a) a) a) 7 � CD C) i > CL M C:) CD C 0) C: ! 0) C 1 0) C 0) C: ! p is r CU CU (U cu cq m lla cu 0 Od M x x x x 0,0) X � a 0 C: LU uj LU LLJ LU ig "7w ci jJ 0 1 5 -6 -0 Cl) C) 1,7;� 0) CD co 1 0 U) Cl) (f) 00) to M -14 Lu LL i a) CL a) OL 0- a)"O ! a-- a) cq 0-%- 1 0 — "0 m CL CL 0 2 j 2 .5, LO- C: , 2 C: 0 cn co 0 ca m 7@ r_ U- LU 2 3 0 cu .2 cn cu :3 1 0 4) C: FE T Ln Ln > > CY) r— cf) cn — CU (n Lu 0 Z .r- cd 0 > E 0 (D -0cu N 0 00 a) co (3) ce) =1 ,b cy) co� � — (U E Q (D cu to iz: 0 > c) LL LL. a_ CY) 1 LL a_ a- Lj.FU p- M jjj 4) > W CL qt (D 0 C) cn'00 w 2 a- (0 LO I" C', CN N LO LO C) C) I— CD CO 00 LO LO 0 0) 0) IT IV 4a 1 LO LO U-) C) CN jN " (D 0) (D E E E 4) CD a) 4) (D > > > 2 0 0 cu ca cc m 0 .0 < 0) M co co Cl co co 00 0) 0) 0) iO jN 0) iO 0) 10 (0 co cq N N N CN N m CD N C) C> C) O 0 i 0 0 0 a — CN r- r-- I- � LO LO LO LO 0 LO 0 LO LO co i(D CO (D (0 CO 0 CO to a_ C 0) Cc coca ca 1= of c go (D 0 V 0 V 0 IL) CO a w -cro- -2 �:% t- M C .T o 1 (D C: 0 Q) a) 2 06 ca 0 1 >, 2? C'u r_ ca C: �- (a co a) cu 0 a) C, C) CO o--t C) cc -0 0 E "DS c (D .--a > t 0 Up 1 0 0 C', '0 0- CN C, 0 2 04 04 a. C) CN 2 November 6, 2002 Connie, This needs to be filed with the contract file for Advocations. The contract was approved on October 15, 2001 as item E-20. Thanks, Pat D. From the Desk of Pat Dayfeus October 2q,2003 Clerk's Office Please file the attached copy of our FPPCfittng as a permanent record with the Advocation Contract. It was Cast amended on Oct. 6t6,, 2003 (Action Agenda Attached). 7H'AJVXS, Pat Daykus Ai C=D C= C", (6) 0 October 6, 2003 - Council/ ►�ncy Agenda - Page 6 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency Meetings of July 7, 2003 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Approved 6-0-1 (Sullivan absent) E-2. (City Council) Approve the New By -Laws Due to Reconfiguration in October 2002 of the Huntington Beach Human Relations Task Force ( . ) — Approve the new By -Laws of the Huntington Beach Human Relations Task Force. Submitted by the City Administrator. Funding Source: None required. (On October 7, 2002, the City Council approved the reconfiguration of the Human Relations Task Force from twenty-five to nine members.) Approved 6-0-1 (Sullivan absent) E-3. (City Council) Approve.Amendment No. 1 to the Professional Services Contract '�- 11 `fl between the Ci Assist in the Acauisition of State Fundina for Priority Projects Within the City and Related Legislative Issues ( . ) — Approve gip. 10 Amendment No. 1 to Agreement Between the City of Huntington Beach and Advocation, Inc. for the purpose of assisting the City in the acquisition of state funds for priority projects within the City, and authorize the Mayor and City Clerk to execute the agreement. Submitted by the City Administrator. Funding Source: 2003-2004 Fiscal Year budget - General Fund Intergovernmental Relations Professional Services Accounts - Not to exceed $64,000 for the year. Approved 6-0-1 (Sullivan absent) E-4. (City Council) Approve Amendment No. 1 to the Professional Services Contract between the Citv and The Ferauson Group to Assist in Acauisition of Federal Fundina and Related Legislative Issues ( . ) — Approve Amendment No. 1 to Agreement Between the City of Huntington Beach and the Ferguson Group LLC for the purpose of assisting the City in the acquisition of Federal funds for priority projects within the City, and authorize the Mayor and City Clerk to execute the agreement. Submitted by the City Administrator. Funding Source: 2003-2004 Fiscal Year budget — General Fund Intergovernmental Relations, Professional Services Account - Not to exceed $76,000 for the. year. Approved 6-0-1 (Sullivan absent) ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 07/01/2003 THROUGH 09/30/2003 CUMULATIVE PERIOD BEGINNING 01/01/2003 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbying Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF 1/5 FOR OFFICIAL USE ONLY A B BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. Box 190 HUNTINGTON BEACH CA 92648 (714) 536-5579 PART 1- LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) bb11 bb 33 bb bb gg 22 33Bg -- bb bb22 _ bb_gg2222 33 gg 55 b g b 13 gg g ab710 ab783 ab947 ab968 ab974 ab1073 a37 1141 ab1221 ab1324 ab1744 abxl4aca5 aca98 ca10 aca11 sb17s b18 sb20 sb21 sb554 sb100 sb103 sb157 sb288 sb407 sb 414 sb440 sb744 sb764 sb981 sbxl-3 sca9 ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 15290.61 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 15290.61 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached Q No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Name of Employer or Responsible Officer (Type or William P. Workman At (City and State) Huntington Beach CA Assistant City Administrator CAL2PDF Version3.9 • 0 PERIOD COVERED: 07/01 /2003 09/30/2003 NAME OF FILER: HUNTINGTON BEACH CITY OF 2/5 PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Celeste Heritage ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 15000.00 290.61 0.00 15290.61 47227.30 TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 15290.61 3/5 PERIOD COVERED: 07/01/2003 09/30/2003 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity $ $ If more space is needed, check box and attach continuation sheets. TOTAL SECTION C (Activity Expenses) Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed $ 0.00 Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) NMI NMI • • - •r • - r 1 1 11 I 1 11 NAME OF FILER: HUNTINGTON BEACH CITY OF 4/5 PART IV -- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including', contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. • is ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 07/01/2003--09/30/2003 NAME OF FILER: HUNTINGTON BEACH CITY OF 5/5 For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum .................................................... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ O.QO activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 0.00 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 ® If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 AT)VOCATION October 10, 2003 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 3rd Quarter 2003 Lobbying Information Dear Ms. Dapkus: The 3rd Quarter 2003 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by October 31, 2003. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments to Advocation. Inc. During Julv, August or September 2003: Your Check Date Quarter Paid Fees Expenses 8/1 3rd 5,000.00 94.11 8/22 3rd 5,000.00 100.46 9/19 3rd Total Fees: Total Expenses: Grand Total: 5,000.000 15,000.00 96.04 3Z1" 15,290.61 1121 L Street, Suite 610, Sacramento, CA 95814 _< v lc-: 916.447.8229 r ,:e 916.447.3447 • • October 10, 2003 Page Two Legislation or Agency Actions Actively Lobbied During July, August or September, 2003 Bills: AB 1, 13, 41, 92, 94, 128, 136, 137, 189, 274, 322, 359, 427, 496, 498, 499, 572, 608, 613, 637, 694, 710, 783, 947, 968, 1073, 1221, 1324, 4x, ACA 5, ACA 9, ACA 10, ACA 11 SB 17, 20, 2155, 100, 103, 157, 407, 414, 744, 764, 981, 3x, SCA 9, Issues/Agency: Legislature: Transportation In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of September 30, 2003. It is possible that you have made additional payments to Advocation that were not received in our office by September 30th, and, therefore, are not listed above. Please be reminded that any of your checks dated in July, August or September 2003 must be added to the above information and reported on your 3rd quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, ILJ, , [Y Celeste H. Heritage Vice President 0 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH �DATE: /6), TO: &V-0-C4-77701U INC- ATTENTIONd{� nz-'--- 4'Es Name Z% / - �. 7' � /D DEPARTMENT: Street /7 REGARDING: ,0,V City, State, zip 0 //►►�_ See Attached Action Agenda Item Date of Approval O & 03 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC:--�tc,R�)V/<Lk-5 U L S J� Name Department RCA Agreement Insurance Other Name Department RCA Agreement insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance g1followuplletters/coverletter of transmittal (Telephone: 714-536-52271 f • • ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 10/01/2002 THROUGH 12/31/2002 1/5 c I w FF'16AGUSE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2002 A r.. TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER:, HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (state) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART 1- LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) ab55ab868b10sbb1sb5bb8 0a1%7 18 ba1890 ab1939 aab1969 ab2073 ab2158 ab2351 ab2792 ab2816290b8a49111- El If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 13985.69 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 13985.69 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached QX No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / Executed on (Date) 01 /29/2003 At (City and State) Huntington Beach CA Jame of Employer or Responsible Officer (Type or Print) Title William P. Workman I Assistant City CAL2PDF Version3.9 • • 2/5 PERIOD COVERED: 10/01/2002 12/31/2002 NAME OF FILER: HUNTIN TON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title Officer Celeste Heritage ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 13749.00 236.60 0.00 13985.69 41222.26 If more space is needed, check box and attach TOTAL THIS PERIOD (Column 4) ❑ Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 13985.69 C� 3/5 PERIOD COVERED: 10/01/2002 12/31/2002 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Description of P Total of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATNE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ 0.00 enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ 0.00 BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) U 1 J •. • - . G1I�tiIf�lfie I pixihl�T•i�� NAME OF FILER: HUNTINGTON BEACH CITY OF 4/5 PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount $ $ If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. n U U ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 10/01/2002-12/31/2002 NAME OF FILER: HUNTINGTON BEACH CITY OF 5/5 For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum .................................................... $ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 13985.69 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 I If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 11 r� U January 15, 2003 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 4th Quarter 2002 Lobbying Information Dear Ms. Dapkus: RECEIVED JAN 21 2003 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE The 4th Quarter 2002 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by January 31, 2003. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments to Advocation, Inc. During October, November or December 2002 Your Check Date Quarter Paid Fees Expenses 10/11 4th 4,583.00 114.02 10/25 4th 4,583.00 107.19 11/29 4th 4,583.00 15.48 Total Fees: 13,749.00 Total Expenses: 236.69 Grand Total: 13,985.69 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com I Tel: 916.447.8229 Fax: 916.447.3447 • • January 15, 2003 Page Two Legislation or Agency Actions Actively Lobbied During October, November & December 2002 Resources Agency, California Coastal Conservancy Agency, State Water Resources Control Board In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of December 31, 2002. It is possible that you have made additional payments to Advocation that were not received in our office by December 31, and, therefore, are not listed above. Please be reminded that any of your checks dated in October, November or December 2002 must be added to the above information and reported on your 4th quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Celeste H. Heritage Vice President r 0 • ® REPORT OF LOBBYIST EMPLOYER (Government Code Section 86116) or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 FORM IMPORTANT: Lobbying Coalitions must attach a 1993 completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 07/01/2002 THROUGH 09/30/2002 CUMULATIVE PERIOD BEGINNING 10/01/2001 TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information Manual on Lobbvino Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF 1/5 FOR OFFICIAL USE ONLY A AMENDMENT 001 B BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. BOX 190 HUNTINGTON BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) 16 aba1908 sb844 sa 9 s1 5t0 sb1516 b1518 sb1619 sb1916 ab1890 ab1939 ab1969 ab2073 ab2158 ab2351 ab2521 ab2792 ab28 - ❑ If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 9369.52 C. Total Activity Expenses Part III, Section C ..................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above)................................................................ .................. $ 9369.52 E. Total Payments in Connection with PUC Activities (Part III, Section E).................................................................. $ 0.00 F. Campaign Contributions: ❑ Part IV completed and attached ❑X No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (Date) 10/16/2002 Name of Employer or Responsible Officer (Type or o � Mr. William P. Workman t/) At (City and State) CA 9B (Si nature of Emplo er or Responsible Officer) r. William P. V�%orkman Title Assistant City Administrator CAL2PDF Version3.9 is PERIOD COVERED: 07/01/2002 09/30/2002 NAME OF FILER: HUNTINGTON BEACH CITY OF 2/5 PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (�) Amount This (2) Cumulative TotalPeriod To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc 1121 L Street Suite 610 9166.00 203.52 0.00 9369.52 27236.57 If more space is needed, check box and attach TOTAL THIS PERIOD (Column 4) Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 9369.52 PERIOD COVERED: 07/01/2002 NAME OF FILER: HUNTINGTON BEACH CITY OF 09/30/2002 315 C. ACTIVITY EXPENSES (See instructions on reverse.) Name and Official Position Total Date Name and Address of Payee pescription of of Reportable Persons and Consideration Amount Amount Benefiting Each of Activity $ $ 4/5 PERIOD COVERED: 07/01/9009 09/30/9009 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount $ $ $ S $ $ $ $ If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. • 0 ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) PERIOD COVERED: 07/01/2002--09/30/2002 NAME OF FILER: HUNTINGTON BEACH CITY OF 619 For Use By: ` A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lum sum um ............................ 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying activity (excluding overhead). Such payments must be itemized below ...................................... $ 0.00 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Subtotal of all payments itemized above $ 0.00 If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 A 0 Avvo(wnON October 8, 2002 City of Huntington Beach Attn: Ms. Pat Dapkus Assistant City Administrator 2000 Main Street Huntington Beach, CA 92648 RE: 3'd Quarter 2002 Lobbying_Information Dear Ms. Dapkus: RECEIVED OCT 15 2002 CITY OF HUNTINU ON BEACH ADMINISTRATIVE OFFICE r The 3rd Quarter 2002 "Report of Lobbyist Employer," Form 635, must be filed electronically with the California Secretary of State by October 31, 2002. Advocation is providing you with the following information to assist your electronic filing vendor in the preparation of this form: Pavments to Advocation. Inc. During Julv. August. September 2002 Your Check Date Quarter Paid Fees Expenses 7/17/2002 3rd -4,583.00 109.52 8/23/2002 3rd -4,583.00 94.00 Total Fees: Total Expenses: Grand Total: -9.166.00 203.52_ 9,369.52 1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com I Tel: 916.447.8229 Fax: 91 6.447.3447 • • October 8, 2002 Page Two Legislation or Agency Actions Actively Lobbied During July, August, & September 2002 AB 15, AB 81, AB 984, AB 680, AB 728, AB 1744, AB 1770, AB 1797, AB 1866, AB 1890, AB 1939, AB 1969, AB 2073, AB 2158, AB 2351, AB 2521, AB 2792, AB 2816, AB 2908, SB 844, SB 910, SB 1247, SB 1509, SB 1516, SB 1518, SB 1619, SB 1916 Resources Agency, California Coastal Conservancy Agency, State Water Resources Control Board In an effort to provide this information in a timely fashion, listed above are all payments received by Advocation as of September 30, 2002. It is possible that you have made additional payments to Advocation that were not received in our office by September 30th, and, therefore, are not listed above. Please be reminded that any of your checks dated in July, August, or September 2002 must be added to the above information and reported on your 3rd quarter Form 635. If you have any questions regarding the above information, please do not hesitate to call. Sincerely, Celeste H. Heritage Vice President 0 0 Please include the attached Lobbyist filing information with the following record from the October 15, 2001 City Council Meeting. E-20. (600.10) — 1. Approve Advocations, Inc. to assist the city in acquisition of State funding for priority projects within the city and related State Legislative Issues; and 2. Authorize the Mayor and City Clerk to execute a two year agreement between the City of Huntington Beach and Advocations, Inc. upon approval of the agreement by the City Attorney and the City Administrator, for an amount not to exceed $56,500 for the first year with an option for the city to renew for a second year at an amount not to exceed $64,000. Submitted by the City Administrator. Funding. Source: 2001-03 Fiscal Years — General Fund, Rion -Departmental Account. The total cost for this contract is not to exceed $56,500 in the first year and $64,000 in the second year. [Motion withdrawn to select Townsend Public Affairs to lobby for specific park funding projects.] [Approved 5-2 (Boardman, Cook No)] a you, �Wv% Pat Dapkus REPORT OF LOBBYIST EMPLO* (Government Code Section 86116) 1/5 or ❑ REPORT OF LOBBYING COALITION (2 Cal. Code of Regs. Section 18616.4) FORM 635 1993 IMPORTANT: Lobbying Coalitions must attach a completed Form 635-C to this Report. REPORT COVERS PERIOD FROM 10/01/2001 THROUGH 12/31/2001 FOR OFFICIAL USE ONLY CUMULATIVE PERIOD BEGINNING 01/01/2001 A TYPE OR PRINT IN INK For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B Manual on Lobbying Disclosure Provisions of the Political Reform Act. NAME OF FILER: HUNTINGTON BEACH CITY OF BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: P.O. Box 190 HUNTINGTON 2000 Main Street BEACH CA 92648 (714) 536-5579 PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD (See instructions on reverse.) Governor State Senators and Assemblymembers If more space is needed, check box and attach continuation sheets. SUMMARY OF PAYMENTS THIS PERIOD A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00 B. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 10000.00 C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00 D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00 GRAND TOTAL (A + B + C + D above).................................................................................. $ 10000.00 E. Total Payments in Connection with PUC Activities Part III, Section E .............................. $ 0.00 F. Campaign Contributions: pX Part IV completed and attached ❑ No campaign contributions made this period VERIFICATION I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa- tion contained herein and in the attached schedules is true and complete. 1 certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. / l Executed on (Date) 01 /30/2001 Name of Employer or Responsible Officer (Type or Print) Mr. William P. Workman At (City and State) City of Huntington Beach CA B (Si nature of Emplo er or IV�r. William P. Workn Title Assistant City Administrator CAL2PDF Version3.9 • 0 2/5 PERIOD COVERED: 10/01 /2001 12/31 /2001 NAME OF FILER: HUNTINGTON BEACH CITY OF PART II - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS REPORT (See instructions on reverse.) Name and Title Name and Title ❑ If more space is needed, check box and attach continuation sheets. PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS (See instructions on reverse. Also enter the Amount This Period (Column 1) on Line A of the Summary of Payments section on page 1.) (1) Amount This Period (2) Cumulative Total To Date $ 0.00 $ 0.00 B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists) (1) (2) (3) Name and Address of Lobbying Fees & Reimbursements Advances or Firm/Independent Contractor Retainers of Expenses Other Payments (attach explanation) (4) (5) Total Cumulative This Period Total to Date Advocation Inc. 1121 L Street Suite 610 0.00 0.00 0.00 0.00 0.00 lobbyist Linda Morshed 915 L Street Suite 1000 10000.00 0.00 0.00 10000.00 60000.00 i i TOTAL THIS PERIOD (Column 4) If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the continuation sheets Summary of Payments section on page 1. $ 10000.00 0 0 3/5 PERIOD COVERED: 10/01/2001 12/31/2001 NAME OF FILER: HUNTINGTON BEACH CITY OF C. ACTIVITY EXPENSES (See instructions on reverse.) Date Name and Address of Payee Name and Official Position Total Description of of Reportable Persons and Consideration Amount Amount Benefiting Each I I of Activity ❑ If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses) $ 0.00 continuation sheets. Also enter the total of Section C on Line C of the Summary of Payments section on page 1. D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION ® NOTE: State and local government agencies do not complete this section. Check box and complete Attachment Form 640 instead. $ 0.00 1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed Form 630 to this Report.) $ 0.00 2. OTHER PAYMENTS TOTAL SECTION D (1 + 2) Also $ enter the total of Section D on Line D of the Summary of Payments section on page 1. E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY IN RATEMAKING PROCEEDINGS $ BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the Summary of Payments section on page 1. (See instructions on reverse.) 1 11 5I 1 1 4/5 PERIOD COVERED: 1 n/n1 /gon1 19m ann1 NAME OF FILER: HUNTINGTON BEACH CITY OF PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such candidates or officers must be reported in A or B below.) A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and -its identification number, if any, below. Name of Major Donor or Recipient Committee Which Identification Number if Has Filed A Campaign Disclosure Statement: Recipient Committee: B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions made by an organization's sponsored committee, must be itemized below. Date Name of Recipient I.D. Number if Committee Amount If more space is needed, check box and attach continuation sheets. NOTE: Disclosure in this report does not relieve a filer of any obligation to file the campaign disclosure statements required by Gov. Code Section 84200, et seq. 0 ATTACHMENT FORM 640 Attachment Form 640 (Attachment to Form 635 or Form 645) 5/5 PERIOD COVERED: 10/01 /2001-12/31 /2001 NAME OF FILER: HUNTIN TON BEACH CITY OF For Use By: A state or local government agency that qualifies as a lobbyist employer or a $5,000 filer. Refer to the instructions on the cover page before completing this attachment. Other Payments to Influence Legislative or Administrative Action: 1. Total payments for overhead expenses related to lobbying activity. $ 0.00 Reportas a lump sum............................................................................................................................ 2. Total payments to Lobbying Coalitions. Report as a lump sum .......................... 0.00 (Form 630 must be attached) 3. Total payments of less than $250 during the calendar quarter for lobbying $ 0.00 activity (excluding overhead). Report as a lump sum...................................................................... 4. Total payments of more than $250 during the calendar quarter for lobbying 0.00 activity (excluding overhead). Such payments must be itemized below ...................................... $ 5. Grand total of "Other Payments to Influence Legislative or Administrative Action." Also enter this total on the appropriate line of the Summary of $ 0.00 Payments section on Page 1 of Form 635 or Form 645................................................................. Itemize below payments of $250 or more made during the quarter for lobbying activity. Provide the name and address of the payee, the amount paid during the quarter, and the cumulative amount paid to the payee since January 1 of the biennial legislative session covered by the report. Also itemize dues or similar payments of $250 or more made to an organization that makes expenditures equal to 10% of its total expenditures or $15,000 or more in a calendar quarter to influence legislative or administrative action. Provide the organization's name and address, the amount paid to the organization during the quarter, and the cumulative amount paid to the organization since January 1 of the biennial legislative session covered by the report. Name & Address of Payee Amount This Cumulative Amount Quarter Since January 1 Morshed and Associates S 0.00 $ 0.00 925 L Street Suite 1000 Sacramento CA 95814-3701 S $ S $ Subtotal of all payments itemized above $ 0.00 ' Fj If more space is needed, check box and attach continuation sheets. CAL2PDF Version3.9 RECEIVE® JAN 2 ? 2002 CITY OF HUN T INGTON BEACH ADMINIST, PA.TION OFFICE January 16, 2002 William Workman Assistant City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: City of Huntington Beach— 4th Quarter 2001 Lobbying Information The following information is being provided to assist in the preparation of your fourth quarter lobbyist employer report (Form 635): Payments to Lobbying Firm Legislation or Agency Actions Actively Lobbied Governor's Office; Budget and General Legislative Issues Sincerely, erne Page Advocation, Inc. 10/26/01 13:44 $916 447 3447 0 Advocation, Inc. 0 Z 003/004 Lobbying Firm Activity Authorization (C.ovom=nt Code Secsioa 26104) Check one box, if applicable Lobbyist Employer (Gov. Code Section $20395) ❑ Lobbying Coalition (FPPC kiegulation ISMA) 7Iype or Print in Ink NAME OF FILER: CITY OF HUNTINGTON BEACH above] Legislative Session 7nm-2002- (lnsat Yearn) Page I of I hereby authorize ADVOCATION NC. (Name of Lobbying Firm) 1121 L Street. Sacramento, CA 95814 (Business Address) Fa Official Uso Only ( .7.14) 536-5213 FAXNUMRFA: (OFtioiul) to engage in the activities of a lobbying firm (as defined in California Government Code Section 82038.5 and 2 Cal. Code of Regs. Section 18238.5) on behalf of the above named employer. If you are authorizing another lobbying firm to lobby on behalf of your ffrm's client(s), provide the name(s) of the client(s) below. (It is not necessary to complete the Nature and Interests section.) NAME OF SUB CONTRACTED CLIENT: NAME OF SUBCONTRACTED CLI6VT: NAMS OF SUB CONTRACTED CLIENT: OF SUB CONTRAC LF.D CLIENT: VERIFICATION I have used all reasonable diligence in preparing this Statement. I have reviewed this Statement and to the best of my knowledge the information contained herein is true and complete. T certify under penalty of perjury under the laws of the State of California that the foregoing ' true and correct. Executed oii By SIGNAT(11tL' QF RP ` ONSI=3 Omcnk VA 0 1�u—�Wor Dame of Ttesponsible Officer PRINT OltTYPB Tide, FPPC Form 602 (7/96) For Technical Assistance: 9161322-5660 OCT-26-2001 13:51 916 447 3447 96% VW519j 10/26/01 13:45 6`916 447 3447 Advocation, Inc. a 004/004 ❑ EDUCATION 19 (;OVERNA,fENT ❑ HEALTH ❑ (,ABOR UNIONS Lobbying Firrxl Activity Authorization SEBINSTRUCT10NS ON REVERSS CITY OF IiTT`iSTINGTON BEACH Type or Print in Ink Nature and interests of Lobbyist Employer Check one box only: BUSLNESS DrnTY E] INDUSTRY, TRADE OR ❑ E]IND]VfDUAL (Complete A d b7 (Compete only Parts B PROFL�SSIONAL ASSN. only Parts an and E) (Complet, only Parts C and E) A. Individual 1. Name and address of employer (or principal place of badness if self-employed): Description of business activity in which engaged: industry, 7,Yade or rroxessivaam -- Description of industry, trade oa profesAon represented: L. Lescnpu eugaged: 2. Specific (u projession Paso_ of —2 19 OTHER (e.g., lobbying coalition) (Complete only Part. D and E) you or year employer are on of any portion or faction of theindastry, trade, of the association exlusively or p:vm=ily represents: 3. Nun�t cr of naembess i.. association (check appropriate box) ..................; ............. .. ... ❑ 50 OR LESS (provide names of sit members on an atlacbrnrnt.) ❑ MORE THAN 50 2. Description of any trade, profession, ar otbcr group with a common D. Other economicinterest which is principally represcnted or From abich 1. Statementofnatureandpurposes: -F6 ,�C�/Oc CSE�V�"- m mbeeshiporfinancialsnpporiispnneipallYdcT►ved: ,4eV 411 &161cr ��tGVui G' l(% tit E. Industry Group CtwSitication Check one box which most accurately describes the industry group which you represent. See instructions on reverse. ❑ AGRICULTURE ❑ LEGAL BUSINESS (Chrck one of the following sub -categories.) ❑ ENTBRTAWMENT/RECR.EATiON ❑ OIL AND GAS ❑ mANCFJLNSUltA.NCE ❑ pROPESSiON&LfMADE ❑ L0DGlNCWRFSTAURANM ❑ REAL ESTATE ❑ MMUFACCURINC/INDUSTRIAL ❑ TRANSPORTATION ❑ MERC14ANDISEfRETAlL ❑ OTI.rER: (Sl,cptic Description) ❑ PUBLIC BMPLOYEBS ❑ POLITICAL ORGAMMAI70NS ❑ UTILIVES ❑ OTHER: (Describe in detail) FPPC Form S02 (7198) For Technical Assistance: 916/322.5660 OCT-26-2001 13:51 916 447 3447 95% s 10/26/01 13:43 $916 447 3447 Advocation, Inc. ADV0CAT10 N t N C Donald Brgwn, Charles Cale, Celeste Heritage FAX From: Tenic Page To: Pa)— Organizalion Advocation, Inc. Fax number- (916) 447-6229 (916) 447-3447 o Urgent Date sent: o For Review o please Comment Number of pages including cover page: O Please Reply Mesagr. �� htd- d �al(K-1 ? V a� 1 (2nv- a d. 5A&te, 0� OCT-26-2001 13:51 916 44? 344? 1� 001/004 ADVOCATION, INC. 1121 L Street. Suite 610 Sacramento. CA 95814 (916)a47-8229 (916)447-3447 95i P.01 10/26/01 13:44 V916447 3447 Advocation. Inc. 2 002/004 LOBBYING FIRM ACTIVITY AUTHORIZATION FORM.6b2: h'ILER: Lobbying firm, registered lobbyist employer, lobbying coalition, non -registered lobbyist employer (client of firm) P1rRPOSE. - Authorization form filed by each person (or entity) who employs or contracts with a lobbying finr. This fonn serves as an attachment to Form 601, and is filed by the applicable lobbying firm. Fonn 602 also contains a schedule which describes by category the nature and interest of the client of the firm. PEIQD COVIGREA Like Form 601, this registration attachment is valid for the length of the State Legislative session during which it is filed. Form 602 must be filed by a firm'for its client, prior to attempting to influence legislative or administrative action on behalf of that client. OCT-26-2001 13:51 916 447 3447 95% P.02 • i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: November 7, 2001 TO: Advocation, Inc. ATTENTION: Charles .Cole, Pres. Name 1121 L Street, Suite 610 DEPARTMENT: Street Sacramento, CA 95814 REGARDING: Professional Services City, State, Zip Contract re: Lobbying Services See Attached Action Agenda Item E-20 Date of Approval 10/ 15/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement CC: W. Workman Name P. Dapkus Name Name Name Name RCA Admin. Department Admin. Department x Bonds Deed X X RCA X Agreement X RCA Agreement Department RCA Agreement Department RCA Agreement Department RCA Insurance X Other X Insurance Other X Insurance Other Insurance Other Insurance Other Insurance (Telephone: 714536-5227 ) • r1 LJ RECEIVED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES Table of Contents Nov CITY DMIN STRAT ON OFBEACH FICE FILE Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Time of Performance...............................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................3 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................4 Professional Liability Insurance...............................................................................4 Certificates of Insurance..........................................................................................5 Independent Contractor.....................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation.....................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.....................................................................................................................7 Modification.............................................................................................................7 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................8 Immigration..............................................................................................................9 Legal Services Subcontracting Prohibited...............................................................9 Attorney's Fees.........................................................................................................9 Governing Law and Venue......................................................................................9 Entirety........................................................................................1 0 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ADVOCATION, INC., FOR LOBBYING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 1"day of October, 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ADVOCATION, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide lobbying services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Charles Cole, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement, and will act as the principal lobbyist for the City of Huntington Beach on a day-to-day basis. Don Brown, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's PDA/2001 Agree/Advocation RLS 2001-0815 10-30-01 0 • workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelve months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT as follows: a. For the period of October 1, 2001 through March 31, 2002: a fee of Four Thousand One Hundred Sixty-seven Dollars ($4,167.00) per month. b. For the period of April 1, 2002 through September 30, 2002: a fee of Four Thousand Five Hundred Eighty-three Dollars ($4,583.00) per month. C. For the period of October 1, 2001 through September 30, 2002, CITY also agrees to reimburse CONSULTANT for its reasonable expenses incurred in the performance of this Agreement in an amount not to exceed Four Thousand Dollars ($4,000.00) including, but not PDA/2001 Agree/Advocation 2 RLS 2001-0815 10-30-01 limited to, costs for telephone, postage, photocopying and other reasonable expenses. CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. d. CITY shall have to option to extend this Agreement for the 12-month period of October 1, 2002 through September 30, 2003. If CITY chooses to exercise this option and extend this Agreement, CITY shall so notify CONSULTANT in writing no later than September 15, 2002. If CITY chooses to extend this Agreement for the additional 12-month period, CONSULTANT shall be entitled to a fee of Five Thousand Dollars ($5,000.00) per month for said additional 12- month period. CONSULTANT shall also be entitled to be reimbursed for its reasonable expenses incurred in the performance of this Agreement (as set forth in Section 4(c) above) during the said additional 12-month period in an amount not to exceed Four Thousand Dollars ($4,000.00). CONSULTANT shall submit all requests for expense reimbursements to CITY for approval, which approval shall not be unreasonably withheld. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, PDA/2001 Agree/Advocation RLS 2001-0815 10-30-01 • • computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 9. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the PDA/2001 Agree/Advocation 4 RLS 2001-0815 10-30-01 • express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. PDA/2001 Agree/Advocation RLS 2001-0815 10-30-01 • • The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all these policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment or delegation is approved, all approved PDA/2001 Agree/Advocation 6 RLS 2001-0815 10-30-01 0 • subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: City Administrator 2000 Main Street Huntington Beach, CA 92648 17. MODIFICATION TO CONSULTANT: Advocation, Inc. ATTN: Charles Cole, President 1121 L Street, Suite 610 Sacramento, CA 95814 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. PDA/2001 Agree/Advocation 7 RLS 2001-0815 10-30-01 18. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 19. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 20. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the PDA/2001 Agree/Advocation RLS 2001-0815 10-30-01 • • date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 21. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 22. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 24. GOVERNING LAW AND VENUE This Agreement shall be governed and construed in accordance with the laws of the State of California. P DA/2001 Agree/Advocati on RLS 2001-0815 10-30-01 25. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT: ADVOCATIONS, INC. A California corporation By: print name ITS: (circle one) Chairma resident/Vice President AND E e t", . C a ^C A print name ITS: (circle one) Secretary Chief Financial Offic Asst. Secretary — Treasurer PDA/2001 Agree/Advocation 10 RLS 2001-0815 10-30-01 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Cit dministrator (only for contract over $50, 000.00) APPROVED AS TO FORM: r G + City Attorney` , , j �6 / INITIATED, REVIEWED AND APPROVED: eTF�AJministrator 'AM` (,Aayor ATTEST-, v City Clerk T- EXHIBIT A Scope Of Services WORK PLAN The following is Advocation's Scope of Services for the City of Huntington Beach: l . Representing the City of Huntington Beach in meetings or hearings with State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support to lobby aggressively major priority issue areas. Support would include proactively searching for potential legislative vehicles relating to those topics and affecting the outcome of those proposals. 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. Delivering letters, as directed by the City of Huntington Beach, to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. 8. Preparing briefing materials, provide briefing/meeting space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies (and, as reasonably available, pertaining to Federal agencies and legislation), as they affect the City of Huntington Beach's legislative program. 1 Exhibit A 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g., spot bills, budget/trailer bills, discretionary action at an agency level, etc.) to carry out the City of Huntington Beach's legislative goals. 11. Any reports, information, date, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one support staff member. All staff costs will be paid for by Advocation. 13. Contact appropriate City staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in conjunction with your staff for comprehensive screening and action. 15. Advocation's legislative unit will maintain a "Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18. Advocation will visit and make presentations to the City of Huntington Beach on State legislative activities on an as -needed basis, but at least once annually. 2 Exhibit A EXHIBIT B Payment Schedule I. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for the City or as otherwise arranged with the City. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 5) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B • • su i INSURANCE AND INDEMNIFICATION WAIVER hu� ,�;,N MODIFICATION REQUEST 1. Requested by: Patricia Dapkus 2. Date: October 29, 2001 3. Name of contractor/permittee: Advocations, Inc. 4. Description of work to be performed: Lobbyist for City in Sacramento 5. Value and length of contract: $112,500 over two years 6. Waiver/modification request: Professional Liability and Worker's Comp. 7. Reason for request and why it should be granted: Service doesn't warrant such insurance 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature lo�z�i�o� Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's 'Office ;is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management / Approved ❑ Denied Signature Date 2. City Attorney's Office k Approved ❑ DeniedD�e�� `D/ -2, Signature Date 3. City Administrator's Office 2-Approved ❑ Denied Qom, � ,, JJ-�_a10ol Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval Once the contract has been approved, this form is to be filed with the Risk ManagementDivision of Administrative Services I/J d ✓ t�c,f � Cp.�.Q � �.x,J r)nrl i mnnf'3 `�—A-- 1 b .? /161 r)rfnhcr 9Q 9nnl 9-14 PM (16) 0 October 15, 2001 - Cou#Agency Agenda - Page 16 E-19. (City Council) Approve Amendment No. 1 to the Professional Services Contract between the City and Frank Wilson & Associates for the Implementation of Phase III of the Huntington Beach Infrastructure Improvement Program, Public Outreach Program (600.10) — Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and Frank Wilson and Associates, Inc. for Professional Services to Provide a Public Information and Community Outreach Assistance to City for the City's Infrastructure Improvement Program. Submitted by the Communications and Special Projects Director. Funding Source: 2001/2002 Public Information Budget, under business unit HBTV-3 Other Professional Services - $175,000. (Table until 2"d Meeting in December (12-17-01) to be determined if an Advocacy Group will come forward and City Administrator reports on meeting with /AC - Approved 5-2 (Green, Dettloff No)] E-20.(City C rove in once t Professional Services Contract between the City arid Advocations I Assist in the Acquisition of State Funding for Priorit Projects ity and with Related State Legislative Issues (600.10) — 1. Approve Advocations, Inc. to assist the city in acquisition of State funding for priority projects within the city and related State Legislative Issues; and 2. Authorize the Mayor and City Clerk to execute a two year agreement between the City of Huntington Beach and Advocations, Inc. upon approval of the agreement by the City Attorney and the City Administrator, for an amount not to exceed $56,500 for the first year with an option for the city to renew fora second year at an amount not to exceed $64,000. Submitted by the City Administrator. Funding Source: 2001-03 Fiscal Years — General Fund, Non -Departmental Account. The total cost for this contract is not to exceed $56,500 in the first year and $64,000 in the second year. [Motion withdrawn to select Townsend Public Affairs to lobby for specific park funding projects.] [Approved 5-2 (Boardman, Cook No)] C � W.workrA�, WA- - P_DaPkGS .ADMIT. Council/Agency Meeting Held: to - 15- a) Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied -My Cie k' Signature LJ Council Meeting Date: October 15, 2001 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS_ SUBMITTED BY: RAY SILVER, City Administrators 7 PREPARED BY: WILLIAM P. WORKMAN, Assistant City Administrator AC__- C;.�n SUBJECT: Approval Advocations, Inc. to assist the City in Acquisition of State Funding for Priority Projects within the City and Related State Legislative Issues Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of Advocations, Inc. to represent the City in acquiring funding for the City's priority projects and assisting with other related legislative matters in Sacramento. Funding Source: Funds for the contract have been budgeted in the 2001-03 fiscal years budget under General Fund, Non -Departmental Account #10030201.69365. The total cost for this contract is not to exceed $56.500 in the first year and $64,000 in the second year. Recommended Action: The Intergovernmental Relations Committee is recommending the following: MOTION 1. Approve Advocations, Inc. to assist the City in acquisition of State funding for priority projects within the City and related State Legislative Issues. 2. Authorize the Mayor and City Clerk to execute a two year agreement between the City of Huntington Beach and Advocations, Inc. upon approval of the agreement by the City Attorney and the City Administrator, for an amount not to exceed $56,500 for the first year with an option for the City to renew for a second year at an amount not to exceed $64,000. Alternative Action(s): Do not approve Advocations, Inc. to represent the City in Sacramento and provide other direction. *QUEST FOR COUNCIL ACAN MEETING DATE: October 15, 2001 Analysis: DEPARTMENT ID NUMBER: A request for proposal to represent the City in Sacramento was sent out to ten firms that currently represent other cities in Sacramento. (A list of firms solicited is attached as Attachment #1) Responses were received from six firms. The Council Intergovernmental Relations Committee reviewed and evaluated the proposals. In evaluating the proposals, the committee determined that it would be important for the firm selected to have: • Deep professional staffing with diverse experience and backgrounds, • A proven ability to work with local legislators, and • A proven ability to work with the Governor's office. It was felt that the firm currently representing the City did not meet these criteria. Interviews were, subsequently, conducted with three firms: Advocations, Inc; Sloat, Higgins, & Jensen; and Townsend Public Affairs. On a vote of 2 to 1(Cook No) the Committee is recommending Advocations, Inc. Advocations was chosen over the others because of the strength of their staffing, their excellent reference, and because the Committee believes they are in the best position to professionally represent Huntington Beach's needs. Additionally, their rates are competitive with those of the other bidders. Due to the immediate need for Advocations to begin their work at the State, we are also requesting authorization to execute a contract based on the proposal submitted by Advocations for an amount not to exceed $56,500 for the first year and with an option for the City to renew the contract for a 2"d year at an amount not to exceed $64,000. (Both these figures include expenses capped at $4,000 annually.) Sufficient funds were budgeted for this purpose in the 2001-03 budget. The proposal submitted by Advocations, Inc. is attached as Attachment #2. Environmental Status: N/A Attachment(s): 1. 1 List of firms receiving our Request for Proposal 2. 1 Proposal from Advocations, Inc. RCA Author: P.Dapkus Advocations Contract RCA - 2001 B -2- October 10, 2001 9:29 AM �% M lqt 1- 00 N � It CD LO LO m V- 000 LO ItN O to rn N CO 00 w C) w O O 0) d' CO 4 N f� � cYj f� c � � co � �a �d �� d� d d� d� co V- LO LO U') m LO Ln LO co 0) Cfl � :. 0) 0) C) 0) 0) m 0') m 0 0) 01 d' 'd' d d d et d d' d' T T T T T T T Ln T T T T (V _ 0 co 00 co 00 00 00 Ln m C0 00 00 00 N c L() LO Lf) LO LO LO Ln m � N LC) LO M 0) m m m 0) M O) 0) m 0) O h\ U¢ U U ci U U U U U U U ,,M, . mm ._ 0 0 O 0 0 0 0 0 0 0 c c c c c c c c c c E E E E E E E E E E co cc cn w U) cn w (n co Z cn (n „ C7 LO O C7 `; M T T N co N N N N a) N N N N 4- 4 (D J Y - J- CO L �.�.,' 06 ' C) = T Ln LO O m d O LO N Ln O 0) O LO T T T N N N r- C4 Lc) 't T T T m T o) T T T N T T U .Q e~ 06 ca U cn U U O cn U N i L cnQ cz Y a� cn � o cn cn L N Q O (Q _0 zQ -C Q O U 06 U O cucn ° Cl)� �, � a ,m LLI c R5 J O E, U cn -p its N J U � � O O c c cn 0 U) O O O, -Ij ca � cv � 3 N .Q L cn ) L Y Z � Q a) L L U W Li <n I� C� yi O O N c cn c co cn �`° c0L �3 0 0 0 Am A September 7, 2001 William P. Workman Assistant City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Workman: SEP 10 2001 Cr Y OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE It is a pleasure to submit Advocation's proposal for consideration as the legislative representation for the City of Huntington Beach. This response reflects our assessment of the current political climate. We are confident we have assembled a well-rounded team which will serve your needs. We are enthusiastic about the opportunity to represent the City. Advocation would be honored to assist the City of Huntington Beach in the pursuit of funding and revenues to support the goals outlined in its strategic plan, including: • Affordable housing funding and options; • Environmental cleanup and preservation; • Development of City Services to benefit all segments of the population, with an emphasis on senior citizens; y • Land use; • Economic development; and • Promotion and development of tourism. Our offices are located in the heart of Sacramento in the historic Senator Hotel, directly across the street from the Capitol building. Advocation was founded in 1971 and has over 30 years of experience 1121 L Street • Suite 610 • Sacramento CA 95814 • (916) 447-8229 • Fax (916) 447-3447 as successful government advocates, representing a wide range of clients. Personal contacts and relationships within the Legislature, Administration and local government entities are at the heart of this type of representation. We believe, that these relationships are crucial to a successful advocacy effort on behalf of our clients. We would be pleased to meet with you to discuss our proposal and answer any questions regarding our qualifications and expertise. As President of Advocation, Incorporated, I am a legally authorized officer, able to bind the firm to the terms of this proposal. Advocation would be proud to be selected by the City of Huntington Beach to serve as its legislative representative. The terms of this proposal are valid for ninety days. Sincerely, �p G dam. Ntt Charles L. Cole President Advocation, Inc. 1121 L Street, Suite 610 Sacramento, CA 95814 (916) 447-8229 • Response to the City of HUNTINGTON BEACH Request for Proposal w a r 4 ��ARRR t fr J September 10, 2001 RESPONSE TO REQUEST FOR SERVICES CITY OF HUNTINGTON BEACH MONDAY, SEPTEMBER 109 2001 A. BACKGROUND AND APPROACH Advocation, founded by Donald K. BrOwn in 1971, currently represents over 30 corporations, associations and public clients, including such blue-chip companies as General Motors; VISA; U.S.A.; Prudential Insurance Company; and Federal Express. Advocation has been instrumental in forging key legislative policies on behalf of its clients. Those successes, and others, have helped place Advocation among the top lobbying firms in the state. The most successful lobbyists are those who are best at establishing and maintaining strong working relationships with both legislators and clients, and perhaps no one in Sacramento has proven better at winning friends and influencing people than the Advocation team. Advocation's ability to explain all the merits and shortcomings of a bill in order to clearly present both sides of an issue, as well as the firm's reputation for veracity and knowledge, is second to none, perhaps explaining its exceptional legislative success rate for its clients. Advocation's foremost function is to lobby. We are there to protect your interests by monitoring legislation and regulations, presenting your position on key issues, developing coalitions to support your goals and assisting in strategic planning on your priorities. When necessary, Advocation will „ implement crisis intervention to protect your interests. As the legislative game and process changes, as well as the individual Legislators, Advocation is constantly assessing its techniques and interaction in the process. This continues to validate the firm's premiere status among lobbying firms. B. METHODOLOGY As your advocate in Sacramento, Advocation would commit an extensive amount of time and resources to be your eyes, ears and voice in State government. In order to achieve a successful legislative program for the City of Huntington Beach, it is necessary for the City and Advocation to forge a true partnership. In order to achieve this partnership we would do the following: • Periodic meetings with the Mayor and members of the City Council and key staff of the City, such as the City Manager, Directors, Chiefs, the City attorney and their assistants. These meetings provide detailed briefing and overviews of critical policy issues and budgetary strategies. This results in an understanding of the City's goals and needs from Sacramento. • Continue daily contacts on key issues to implement timely, strategic action by Advocation and the City to achieve our mutual goals. • Monitor those state agencies, boards and commissions by reviewing mailings for regulatory announcements. • • • As directed by the City, work as a lobbying team member with the League of Cities on key issues. The weekly League lobbyist meetings help target city issues and Advocation meets with members of the Legislature on League issues. • Provide faxable or Internet copies of bills and committee analyses prior to committee meetings. • Establish coalitions with organizations that share the City's position. • Review the legislative work program adopted by the City Council to provide us with policy direction on issues of major concern to the City. If the City of Huntington Beach is to continue to achieve success in its legislative program, its lobbying team must create a consensus of support among legislators. The Advocation team strategy includes extensive lobbying of the Legislature and the Administration regarding the City of Huntington Beach's problems, defending the City's reputation and protecting the City of Huntington Beach's resources. The Advocation team arranges meetings between representatives of the City and members of the state legislature, as well as constitutional and administration officials, to discuss matters related to the City and its legislative agenda. We will recommend positions to be taken by the City of Huntington Beach on proposed legislation and regulations. We will also advise the best approach for the City to support or oppose such measures including, but not limited to, planning strategy, drafting language and testifying on proposed legislation or regulations. The Advocation team has a working relationship with the key Senate and Assembly Committees. Decisions in Sacramento are not made in a vacuum. They are influenced by the media coverage of an issue, the perception of political controversy and exposure for a legislator who supports or opposes that position. Advocation works to control controversy and establish the best possible working relationship with our client and the legislature. Special Expertise Advocation has developed a reputation for rescuing clients at the proverbial "1lth hour." This is a great source of pride for Advocation's staff and reflects the strength of its lobbying team. The following factors contribute to Advocation's ability to have such a high success rate on behalf of its clients, even when it enters the battle at the 11th hour. Length of Service as Legislative Lobbyists Advocation's team leader, Charles Cole, first registered as a lobbyist in 1975. Don BrOwn began lobbying in 1971 and Celeste Heritage and Bill Dohring have participated in lobbying efforts their entire professional careers. Collectively, Advocation has over 100 years of practical lobbying experience with the State Legislature, numerous Governors and Administration officials. • 0 Demonstrated knowledge of State Law and Regulations The diversity of Advocation's client base has required its staff to actively lobby every policy committee of the Legislature. This has provided Advocation's lobbyists with the big picture in Sacramento and has required it to develop working knowledge of state law in the following areas: Local government, transportation, education, natural resources, taxation, health, welfare, housing, public safety, trade and commerce, general government, economic development, environmental protection, public works and the state budget process. Demonstrated Commitment to Win for our Clients Advocation takes great pride in delivering victories for our clients. Our effort in 1999 to regain the supplemental subvention funds from FY 1994-95 for the Chula Vista Redevelopment Agency reflects this tenacity and determination to win. It took three efforts to finally succeed. Two attempts in the budget process and in the deficiency appropriation bill were not successful. However, we were finally able to put a bill on the Governor's desk and have it signed despite total opposition from the Department of Finance. Advocation has a reputation for finding creative compromises that result in win -win solutions for its clients and other parties concerned. Advocation has been very successful in fashioning solutions to political problems that result in positive public policy solutions for all parties concerned. Our efforts to fund a Veteran's Home in Chula Vista demonstrate an example of this creative problem solving. Initially, a battle over whether to locate the next home in Lancaster or Chula Vista threatened to defeat the issue. Advocation forged an agreement that allows both homes to proceed on a reasonable time line. C. WORK PLAN The following is Advocation's proposed Scope of Services for the City of Huntington Beach: 1. Representing the City of Huntington Beach in meetings or hearings with State agencies, boards, commissions and other legislative bodies, as well as testifying on behalf of the City during same. 2. Researching and providing information to the City of Huntington Beach on (a) State laws or proposed legislation, (b) legislative hearings, reports and testimony; (c) State regulations/policies, (d) funding opportunities for proposed City projects and (e) technical memoranda or reports impacting City operations. 3. Developing strategies to successfully implement the City of Huntington Beach's legislative program. 4. Providing sufficient support to lobby aggressively major priority issue areas. Support would include proactively searching for potential legislative vehicles relating to those topics and affecting the outcome of those proposals. 5. Providing the City of Huntington Beach with copies of bills (as introduced or amended) or proposals pertaining to issues of concern/interest to the City, particularly those affecting or relating to the City of Huntington Beach's Legislative Program. 6. Tracking legislation, and providing the City of Huntington Beach advance notice, to the City's satisfaction, of hearing or critical actions relating to those bills or issues in which the City has expressed an interest. 7. Delivering letters, as directed by the City of Huntington Beach, to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. 8. Preparing briefing materials, provide briefing/meeting space and arrange appointments for Council members and City staff when those individuals travel to Sacramento in furtherance of the City's Legislative Program. 9. Providing information and/or resources, as available, pertaining to State and Regional Agencies, (and, as reasonably available, pertaining to Federal agencies and legislation) as they affect the City of Huntington Beach's legislative program. 10. Drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles (e.g. spot bills, budget/trailer bills, discretionary action at an agency level, etc) to carry out the City of Huntington Beach's legislative goals. 11. Any reports, information, data, statistics, procedures, studies or other form of communication or knowledge provided by Advocation shall be the full and exclusive property of the City of Huntington Beach. 12. Provide all equipment and personnel to fulfill the requirements for representation of the City. Personnel shall include more than one support staff member. All staff costs will be paid for by Advocation 13. Contact appropriate city staff weekly, or more frequently as legislative program priorities dictate, to discuss progress, strategies or other issues. 14. Advocation's legislative unit reads each piece of legislation, all amendments, agency regulations, announcements of hearings and will provide the City of Huntington Beach with those materials which merit further review by them. Or, if the City of Huntington Beach prefers to screen all legislation, we will work in conjunction with your staff for comprehensive screening and action. 15. Advocation's legislative unit will maintain a "Bill File" on each piece of legislation introduced in the state legislature. We will provide copies of all proposed or enacted legislation or regulations to the City of Huntington Beach upon request. 16. Advocation will assist the City of Huntington Beach in its working relationships with the Governor's Office on relevant matters. 17. Advocation will arrange meetings with members of the state legislature, constitutional and administration officials to discuss matters related to the City of Huntington Beach and its legislative agenda. 18. Advocation will visit and make presentations to the City of Huntington Beach on state legislative activities on an as -needed basis, but at least once annually. 4 0 D. PROJECT ORGANIZATION AND STAFFING Advocation proposes to assign Charles Cole as the principal lobbyist for the City of Huntington Beach on a day-to-day basis. Don BrOwn, Celeste Heritage, Bill Dohring, Karen Tolliver, and Terrie Page will assist Mr. Cole with the day-to-day work for the City of Huntington Beach. Advocation agrees to structure Mr. Cole's workload so that he will devote a substantial amount of his time in service to the City of Huntington Beach. In addition, Don BrOwn will be in charge of strategic counsel and communication with key policy makers on behalf of the City of Huntington Beach. For over 30 years, Advocation has been among the largest and most well known lobbying firms in Sacramento. Our reputation for successful lobbying serves to enhance our ability to have an impact on the legislative process for the benefit of our clients. Further, our significant client list affords our lobbyists regular and continual access to decision makers, yet our client list does not conflict with the City of Huntington Beach's interests. Such access enables us to maintain and solidify working relationships with the leadership and members of the Legislative and Executive branches of state and local government. The length and breadth of our experience provides us with the familiarity of the process of government that translates into effective advocacy for our clients. Advocation has worked closely with the new members of the Senate and Assembly, often involving ourselves and assisting our clients' involvement before the members have been elected. Advocation will continue to work with the City of Huntington Beach to suggest strategies designed to maximize Huntington Beach's successes with continuing and newly elected legislators. In addition, Advocation recognizes the increasing importance of well -documented, substantive presentation of the issues to the members of the Legislature. No longer can relationships alone carry the day in the Legislature. Advocation devotes additional resources and staff to develop substantive background information and briefing papers. Critical for the Legislature's understanding of an issue is the identification of the policy underpinnings and background driving the position of the City. Advocation's office is located at 1121 L Street, Suite 610, Sacramento, California, 95814. This location, right across the street from the Capitol, is ideal for a lobbying firm and its clients. We have a full-time support staff available to assist the City at any time during the workday. Additionally, our lobbyists are available 24 hours a day, every day of the year by telephone. Two conference rooms and guest offices are available for use by our clients upon request. These facilities have speakerphones, faxes, and live telephone and radio coverage for all legislative hearing rooms. Additionally, we maintain computer based management information systems to monitor legislative issues. Through the legislative bill service, we monitor each bill as it is introduced and amended to identify issues of interest to the City. We also are on the mailing lists of relevant state agencies. DONALD K. BROWN Donald K. BrOwn, Chairman of the Board and founder of Advocation, has been a legislative advocate for over thirty years. Upon establishing Advocation, in 1971, one of the firm's first clients was the Hughes Tool Company, which included governmental representation for the Howard Hughes empire -- Hughes Aircraft, Hughes Helicopters and the Summa Corporation. Today, Advocation actively represents over 30 clients. Before establishing Advocation, Mr. BrOwn served as Vice President and Director of Government Relations for Union Bank, reporting directly to the Chairman of the Board. Mr. BrOwn's responsibilities at Union Bank included the design and implementation of a governmental relations program -- drafting, analyzing and introducing legislation at all levels of government, with emphasis on the state legislature: From 1962 to 1967, Mr. BrOwn as Assistant Treasurer for the State of California, was responsible to the State Treasurer for all legislative and political contacts at local, state, and federal levels. Mr. Brown is a graduate of San Diego State College and former Student Body President of San Diego State College. CHARLES L. COLE Charles L. Cole, President of Advocation, has over 31 years of experience in federal, state, and local government as an official and advocate. Prior to becoming a lobbyist with Advocation, Mr. Cole served as Chief of Staff to the Senate Majority Leader, Barry Keene, where his responsibilities ranged from coordinating Senate Policy initiatives to assisting Senate members in accomplishing their legislative goals. Mr. Cole had also served in several staff positions in the Assembly, including consultant to the Assembly Committees on Water, Parks and Wildlife; Public Employment and Retirement; and Ways and Means. During the 1970-71 Assembly Internship Program he served on the staff of the Assembly Majority Floor Leader, W. Craig Biddle. He also worked in Washington, D.C. for Congressman John V. Tunney of Riverside, California. In 1975, Mr. Cole was selected to serve as the Executive Director of the newly created Educational Employment Relations Board and was subsequently asked to serve as the Director of the Public Employment Relations Board. He held this position for 12 years and was responsible for implementing the law and coordinating the agencies $6 million budget. He is an alumnus of the University of California at Riverside and the University of California at Davis Executive Program. Mr. Cole served as the California Marketing Manager for Envirotest Systems Corporation, an international supplier of motor vehicle emission testing and inspection programs. Before joining the firm he developed extensive experience with local government as an advocate and an official. He served as chair and member of the Sacramento County Planning Advisory Councils for Citrus Heights and Carmichael. In this capacity he reviewed development projects at local community forums and provided recommendations to the County Board of Supervisors. BILL DOHRING Bill Dohring began his lobbying career in 1977 with one of Sacramento's largest lobbying firms, where he developed skills in a number of important legislative arenas. Since 1977, Mr. Dohring has 0 represented business interests on a broad range of issues including insurance, consumer affairs, surety bonding, transportation, health, auto financing and escrow. His work in these and other areas has helped him establish important ties in the Legislature, the Governor's office, and a number of key state agencies, including the Department of Finance, the Department of Health, the Bureau of Medical Quality Assurance, the Department of Motor Vehicles, the California Highway Patrol, and the Air Resources Board. A 40-year resident of Sacramento, Mr. Dohring holds a degree in Government from American River College, and he attended California State University, Sacramento. He served with the Marine Corps in Vietnam. CELESTE HERITAGE Celeste Heritage, Vice President of Advocation and legislative advocate, has been with Advocation for 15 years. She has over 30 years of political experience at both the federal and state levels. Ms. Heritage served as deputy to the Director of Polling and Planning in the 1980 and 1984 Reagan/Bush campaigns. In 1981, she served in the Reagan White House as a Special Assistant to Edwin Meese, Counselor to the President. In 1986, Ms. Heritage was appointed a Special Assistant in the San Francisco office of the Department of Housing and Urban Development. Ms. Heritage is a graduate of Kent State University. TERRIE PAGE Terrie Page, Advocation's Executive Legislative Secretary, is a recent transplant from Carson City, Nevada, where she held positions in the State of Nevada Department of Business and Industry, Real Estate Division, and more recently, in the Research Division of Nevada's Legislative Counsel Bureau. Terrie has also been active for many years in several orchestras and bands in the Northern Nevada area. She is currently pursuing her degree in geriatric psychology. KAREN TOLLIVER Karen Tolliver, Director of Legislation, is primarily responsible for client legislative support. She acts as the firm's liaison with legislative staff members and the Governor's office; monitors the daily file for both houses of the Legislature; monitors hearings; tracks all legislation; and schedules appointments with members of the Legislature and the Administration for lobbyists and clients. She brings a wide range of experience to this position, most recently as a loan processor. E. RELATED EXPERIENCE Experiences and Successes Working with or Representing Local Government Agencies in Sacramento The Advocation team has represented clients successfully in a broad spectrum of issues and clients. From 1989 to 1996, Advocation was the lobbying firm representing the City of Chula Vista and the Chula Vista Redevelopment Agency; and, beginning January 2001, Advocation was again awarded a contract to represent the City of Chula Vista and the Chula Vista Redevelopment Agency. Advocation also represented the City of Oakland from December 1998 through July 2001 and the 7 City of Clovis from November 1999 through June 2001. We are very proud of our record of achievement for these cities. Advocation has vast experience in working all types of state budget issues, which has achieved entitlements, augmentation grants and subsidies on behalf of the cities. As an example, our specialized knowledge of the complex budget process has been helpful in providing substantial additional revenue for the cities in the following ways: CHULA VISTA • Advocation secured legislation that provides funding to establish a Veteran's Home in Chula Vista ($12,840,000). • Advocation created a mechanism and passed legislation to provide a revenue stream of supplemental subventions to pay for Redevelopment Agency bonded indebtedness ($4,150,000). • Advocation lobbied the Library Bond Allocation panel, which approved and funded library proposals. This resulted in $6.7 million to build the newest library in Chula Vista. • Advocation sought and obtained $500,000 to fund the hydrogen fuel cell bus demonstration project for the Petroleum Violation Escrow Account (PVEA). • Advocation sought and obtained $250,000 to fund the aluminum fuel cell project from the Petroleum Violation Escrow Account (PVEA). • Advocation sought amendments to legislation to make Park Bond funding available for the Chula Vista Nature Interpretive Center. • Advocation lobbied numerous issues relating to the proposed merger of Southern California Edison and San Diego Gas and Electric and contacted legislative offices regarding proposed legislation relating to public utility billing mailers. • Advocation arranged for meetings between City officials and the University of California regarding the establishment of a U.C. campus in Chula Vista. • Advocation successfully lobbied legislators and the Governor to help create the Olympic Training Center and provide a $15 million loan to build the Center. • Advocation contacted the Department of Corrections to seek additional information on the trash -to -energy factory proposed for Otay Prison and reported the results to the City. • Advocation lobbied the Public Utilities Commission regarding the H Street trolley grade crossing demonstration project and reported the result to the City. • Advocation contacted the State Department of Health Services regarding the request of Appropriate Technologies to operate a facility at 1700 Maxwell Road and reported the results to the City. • Advocation contacted the State Controller's office to initiate a review of Senate Bill 90 (1972) regarding the reimbursement for which the City may be eligible. • Advocation successfully completed a legislative intent search for the City Attorney's office on Assembly Bill 2907 of 1988 (re: local building department records). • Advocation conducted a review of state agency publications that could publicize facilities available in Chula Vista. • Advocation sponsored legislation to create a unitary property tax assessment allocation exemption which may provide significant tax revenues over several years if a utility undertakes capital expansion in Chula Vista. • Advocation participated in and coordinated numerous meetings with State and Federal legislators and government officials regarding the proposed establishment of a Border Environmental Commerce Zone. • Advocation sponsored legislation to require life imprisonment for certain drug -related violations. • Advocation supported efforts to limit booking fees charged to cities. • Advocation identified funding sources and legislative vehicles for the Chula Vista Nature Interpretive Center's sea water system project and secured $400,000 in funding. • Advocation contacted the Public Utilities Commission regarding electromagnetic field standards. OAKLAND Advocation, Inc. assisted the City of Oakland in obtaining over $20 million of project and revenue funding resources for the following projects: • Chabot Space Center and Observatory • Lake Merritt Retaining Walls • D.C. Metal Site — Cal EPA clean up • Sanborn Park • State Apprenticeship funds • Oakland Museum of California • Highway, Outdoor Advertising • Jet fuel sales tax revenue, and • Other transportation Additional Advocation successes for selected local government clients include: Capistrano Unified School District Advocation was retained to help pass a measure to add revenue in the form of equalization aid to the Capistrano Unified School District. In 1990 we were successful in passing a measure which increased the revenues to the District by $3.5 million annually beginning in 1991. Los Angeles County and the Los Angeles County Life Guard Association Advocation was employed to obtain the transfer of the title of eight state owned beaches to the County of Los Angeles and to seek revenue sources to continue providing the Baywatch Life Guard services to those beaches. Advocation succeeded in transferring the title through urgency legislation and established a revenue stream of $4.5 million to fund the program. Additional revenue sources were identified and the Governor signed legislation to commit a continuing revenue stream of $1 million annually for the program. BaLPacific Health Plan Advocation was hired by Bay Pacific Health Plan (BP) to lobby the Public Employees Retirement System. PERS had deleted BP from the list of approved HMO plans in the Bay area. Advocation was successful in having Bay Pacific reinstated as an approved PERS HMO plan, available to bay area local government employees, with a contract value of $18 million. 0 Nature Conservancy Advocation sought and obtained $1.5 million of state revenue to purchase Cold Stream Canyon in Tahoe Donner and $4 million to develop the Consumnes River Restoration Project. We coordinated the support of the appropriate local governments to assist in a lobbying coalition. Demonstrated Participation in League of California Cities and/or Similar Organizations Advocation has monitored and provided routine updates to City staff on weekly League of Cities lobbyist meetings. Advocation teamed with the League of California Cities and the California Redevelopment Association to lobby numerous issues of mutual concern to the City and the Redevelopment Agency. Advocation has worked as a lobby partner with lobbyists from other cities and the League of California Cities to minimize revenue allocation reductions to Chula Vista from the significant cuts proposed in the California State Budget including: vehicle license fees, supplemental subventions, and property/sales taxes (undeterminable amount, but in the millions). Examples of Coordinating Role in Regional Cooperative Efforts Chula Vista Veteran's Home In 1996, Advocation coordinated resources from the City, San Diego County, area veteran's organizations, the Department of Veteran's Affairs, Senator Peace and Assemblymember Knight's ,. offices, the offices of San Diego based Legislators, the Governor's Office and the U.S. Department of Veterans Affairs to pass legislation to create a Veteran's Home in Chula Vista. The legislation nearly died on several occasions. Advocation relentlessly sought coalition support for the measure which resulted in the passage of the Peace and Knight bills which authorize construction funding for a Veteran's Home in Chula Vista. Supplemental Subventions for the Redevelopment Agency Advocation coordinated lobbying efforts of five other cities, San Diego County, and bond counsel, to secure passage of a bill to fund the bonded indebtedness obligations of the RDA. We determined when additional input from elected officials was essential, and targeted lobby efforts in the Governor's Office. We succeeded in passing this legislation despite enormous opposition from the State Department of Finance. Allocation of Proposition 172 Sales Tax Revenue with the County of San Diego Advocation coordinated efforts to amend AB 8 by Senator Steve Peace to improve the allocation formula for the City and allow the cities in San Diego County to receive a larger share of the Proposition 172 sales tax revenues in 1997-98. Dollar Value of Successes Achieved in Sacramento Advocation is proud of the fact it has improved the bottom line results for its clients by millions of dollars. We take great pride in being problem solvers who build bridges between problems and 10 • • solutions for our clients. As you can see from the legislative successes for the City of Chula Vista identified in this proposal, Advocation has successfully provided resources and projects for the City of Chula Vista and its citizens with a dollar value in excess of $40 million. This resulted from the legislative victories in the following chart: YEAR F. CLIENT F PROJECT FUNDING SOURCE 1990 Chula Vista Olympic Training General Fund/ $15 million loan Center Olympic License Plates Create and fund 1990 Chula Vista Supplemental General Fund $4,150,000 Subventions 1995 Chula Vista Library Cost Library Bond Funds $6.7 million 1995 Chula Vista Veterans Home General Fund $12, 840,000 1995 Chula Vista Hydrogen Fuel Cell Petroleum Violation CAIA Bus Escrow Account $500,000 (PVEA) 1995 r$400,090hula Vista Nature Center Coastal Conservancy Sea water pass - through 1995 Chula Vista Aluminum Fuel Cell Petroleum Violation $250,000 Escrow Account y (PVEA) This result does not come without significant effort by Advocation. In its 1995-96 Legislative Session, Advocation referred 1,372 bills to the City for review. We delivered 155 letters on behalf of the City to Legislative Committees, the Assembly, Senate and the Governor's Office. F. PROJECT SCHEDULE 4 Please see appendix A for the 2002 Legislative timeline. y,/G7 " A*ew l etas . G. COST DATA To provide the types of service ou ined in this proposal, we propose to represLthey of Huntington Beach fo annually, billable in monthly increments ofWe would be pleased to discuss this fee based on further clarification of the City of Huntington Beach's legislative program and the scope of work required. In addition to the professional fees, Advocation would be reimbursed for expenses incurred on behalf of the City of Huntington Beach. These would include, but are not limited to, the reasonable cost of 11 travel, telephone, postage, photocopying and any pther expenses incurred in the course of representing the City. IVoZr -/b �'kea'D c , 4"b� �r11�l1 GC6Q Lei/ H. STATEMENT OF COMPLIANCE Advocation agrees to the terms of the RFP. Advocation certifies that it takes no exception to the UP. I. CURRENT CLIENT LIST General Motors Corporation VISA U.S.A., Inc. Federal Express Corporation Silicon Graphics Computer Systems The Irvine Company City of Oakland The Prudential Insurance Company Pacific Merchant Shipping Association The Southland Corporation California Dump Truck Owners Association California Automatic Vendors Council Fresno County Transportation Authority Association of California Car Clubs Marblehead Coastal, Inc. Specialty Equipment Market Association International Speedway Corporation California Tax Education Council Tejon Ranch California Moving & Storage Association Deposition Reporters Association of California California Financial Service Association California Association of Naturopathic Physicians Carroll Shelby Enterprises National Association of Computer Consultant Businesses Regional Council of of Counties City of Chula Vista Dynegy New York Mercantile Exchange 12 t LIST OF CLIENTS FROM PREVIOUS FIVE YEARS The following is a list of Advocation clients from the previous five years: American Council on Exercise American Games, Inc. American Resort Residential Development American Stores Company Bay Pacific Health Corporation Browning -Ferris Industries of California Burlington Northern and Santa Fe Railway Company California Association of Marriage and Family Therapists California Association of Independent Accountants California Commercial Council California Credit Union League California Independent Mortgage Brokers Association California Housing Council California Rehabilitation Counseling Association California Investment Advisor Council Capistrano Unified School District Castine Partners Catellus Development Corporation CIC Enterprises City of Clovis City of Coronado City of Santa Rosa Coalition of Membership Association, Inc. Coalition of Medical Providers Compliance Express, Inc. CORE Partners Cray Research, Inc. Crowley Maritime Corporation Dow Chemical Eastman Kodak Eastman Chemical Company Envirotest Envirosafe Services Envirothene Far West Equipment Dealers Association Forward Inc. Foster Interstate Media, Inc. Future Diagnostics of America G. Heileman Brewing Company General Systems Solutions H & R Block Howard Hughes Corporation J.G. Boswell Company Kenetech Windpower Kintock Group Knott's Berry Farm L & F Products Los Angeles County Life Guard Association Lambda Fund Management, Inc. Lincoln Property Company, N.C. Inc. Los Angeles County Maguire Thomas Partners/Playa Vista Memorial Health Services Michael's Restaurant Mobil Oil Corporation Mortgage Association of California National Organization of Life and Health Insurance Guaranty Association National Steel and Shipbuilding Company NBS Imaging Systems Newhall Land and Farming Company PepsiCo Pharmaceutical Research and Manufacturers of America Professional Contact on Call Reinsurance Association of America Roofing Contractors of America Salyer American San Francisco Independent Science Applications International Sierra Pacific Industries Single Stick, Inc. Six Flags -Magic Mountain Corporation Stafcor Supershuttle/LA Taxi Systems Control, Inc. Team for New Management Terra Quest Financial The Bohemian Club The Nature Conservancy The Prudential Home Mortgage Company, Inc. The Southland Corporation The Walt Disney Company The Travelers Companies Title Loans of America Western Mobile Home Association Wireless Holdings, Inc. 13 J. OTHER INFORMATION References Councilman Dick Spees City of Oakland One Frank Ogawa plaza, 12Ih Floor Oakland, CA 94612 510/238-7004 Sid Morris. Assistant City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619/691-5031 John McLaurin, President Pacific Merchant Shipping Association 550 California, Sacramento Street Tower, #113 San Francisco, CA 94104 415/352-0710 Todd Thakar Prudential Western Home Office P.O. Box 9220 Van Nuyes, CA 91409 818/712-5572 Vincent Barabba General Motors Corporation NAO RND Center Research Administrative Building 30500 Mound Road, Building 1-6 Warren, MI 48090-9055 810/986-8695 14 i sf�F'=� � '••yy}�- zss QJ x.� �t'L3,Y�..,.t u.„ .�F�'4•i "S' i n "'{ �Ft h K) -� 3 �'.l� .!'. ,�, t EZ,� �-t ➢ - m S' �• 4 �i b R"'-� :i'Ct`t � -'�y �`�f dui'•° L.°�aK �� L.yr� yt Ni 3�y •;>Sf ,y � �� kiY .#�; '+fa+ "�: � r.L.�-. ww•�.-'�s��i�W �F � -H.�,-1. }ik `"1� w� '�' t L+��T; •f.e °'&s. Z . � 'ix <: ¢ •^ �iCa"�',..riFt. s�"��jXu� �'t �£E -;i3'�r��.�` �5�� +,...T N � � , -,s�.s.t.� t �. r''. TS i t .K;;• S< ...T' esri� fF+.-'7f t', Egg `i3i F 3"i k Vl C�-�s1.r d`i'• • yy t .� sya# 3t "+LU" - . s j Y}j„' > S ,'}.{{��'T�"'�r .3 xL� s}}; 11. � r'•. � 0 ^it! .e �, k � i. Y lam~ ^•+M4. y, } ` %t � � .Y (jy SA #S�Y .� Yi'R�T C�• i�" �, "' < ,'+��., • '4t + cr •� .� NTx �: '^x ,tY- �^-. fir- t � '. d' •a. � b`z?r U w id -fifi� }�' z� �'.- c�� z# � ft�r i r) u �•� � ,��-.'� .FE; F�ryi w � ��,;� �{ �� N t� � �F ,� •� 1 Obi. x• i xF Cd .u�' 'C3 S i � 'tl Qi Qi Y %3 . 9� � •�5. .tPSa .� �x Yy"Yy" �'Yxa•r S •S' 'K Sv'"' �1 r� � ^�� at' 1"c�1(�5s...t�.� a � °s- c` !£ .lr�h"�• �' i� y.- t "�„r� "t3Of�m� E w t/1 � v/ �y-�i�s i -#. '. ,� J"(�•}..:. � tL M�.. t K{ [i'2. 1^ C �.{ +"R:. E N� 1 x- i 'tt �'X-xt-"'�, •i - a. � -i j�`; iY » h;� �.< xW, i;.a.�^• f... r'"} i..-•'F'.T,[ : t iw. ..... ♦ W cz Ln LL! -j 0 W C R cz LLI Z a if RCA ROUTING SHEET I INITIATING DEPARTMENT: I Administration I SUBJECT: Approval of Advocations, Inc to represent the City in Sacramento and authorization to execute a contract for their services. I COUNCIL MEETING DATE: I October 15, 2001 I RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable RCA Author: