HomeMy WebLinkAboutCurt Pringle & Assoc. - 2014-10-08Name of Contractor: Curt Pringle & Associates
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Lobbying Services related to AES Mitigation Fees and AQMD rulemaking and guidelines.
Amount of Contract: $30,000
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. E
to Risk Management ❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
\� Date:
Name/Extension
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CURT PRINGLE AND ASSOCIATES
FOR
GOVERNMENT ADVOCACY SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY," and Curt Pringle & Associates, a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide government
advocacy services related to SCAQMD grant funding and AES Mitigation Fees; 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 Peter Whittingham who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on , 20 A (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than 12 months from the Commencement Date. 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.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed Thirty Thousand Dollars ($30,000).
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
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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."
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, 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 (or alleged 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. 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
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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 obtain and furnish to CITY 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 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention without the express written consent of CITY; however
an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy 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 coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
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It. 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 promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
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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. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Teri Baker
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Curt Pringle & Associates
1801 East Katella Ave., Suite 1002
Anaheim, CA 92805
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. 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.
20. 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
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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.
21. 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 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.
22. 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.
23. 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.
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24. ATTORNEY'S FEES
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, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
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Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Attorney.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT,
Curt Pringle & Associates
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Government advocacy services related to SCAQMD grant funding and implementation of Rule
1304.1 Additionally, to provide oversight of mitigation fees to ensure criteria is consistent with
City's requirements.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT will analyze other successful grant funding programs administered by the
SCAQMD and its partner entities to identify those elements that have traditionally been viewed
favorably by the SCAQMD Staff and Governing Board.
CONSULT ANT will initiate outreach to SCAQMD Governing Board members to solicit
support, either in general or for specific projects on the City's list of proposed projects.
CONSULTANT will work with CITY staff to draft a multi -faceted Public Information Plan,
incorporating the following elements:
Message points targeted for specific audiences - Governing Board members, other elected
officials, residents, community groups, non-profit organizations, business owners/associations,
etc. Press releases, articles in local publications, and op-ed pieces that will further the education
of the city's residents as it pertains to the potential availability of these funds and the benefit to
the City of the proposed projects. Participate and work with city staff to prepare for community
meetings on the topic. Brief the city's elected officials to support the city's projects at SCAQMD.
EXHIBIT A
CONSULTANT will participate and work with CITY staff to prepare for any and all community
meetings, whether they are coordinated by the City, the SCAQMD or another body.
CONSULT ANT will also identify and prepare the most appropriate spokesperson for the City
and/or each individual proposed project.
The support of local elected officials will be critical to this effort. To that end, CONSULTANT
will coordinate and participate in meetings with elected officials who represent the City. As part
of this process, elected officials will be asked to sign letters of endorsement, and CONSULT
ANT will gauge their willingness to author press releases, bylining op-eds, participating in
community meetings and speaking at public hearings.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Provide to CONSULTANT a prioritized list of contacts, preliminary plans and estimates for
projects with a clean air and energy efficiency nexus. Meet to discuss, modify and prioritize
projects for potential funding.
2. Provide information to CONSULTANT to support building and enhancing Governing Board
support for CITY projects.
3. Provide support to CONSULTANT in drafting Public Information Plan.
4. Coordinate with CONSULTANT any and all public meeting on adoption of rule 1304.1.
5. Facilitate and seek support of local elected officials for CITY project funding from SCAQMD.
D. WORK PROGRAM/PROJECT SCHEDULE:
:M
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to 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 monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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
E) 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 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
1
Exhibit B
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 in advance and in
writing 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.
2
Exhibit B
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
Fixed monthly fee of $2,000.
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
2. 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.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) 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
E) 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
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.
4. Any billings for extra work or additional services authorized in advance and in
writing 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
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
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28
29
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
Scope of Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices......................................................................................... 7
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
AttorneysFees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................
I I
Date Entered:
A� o® CERTIFICATE OF LIABILITY INSURANCE
12/9MIDDI14
12/9/2014 ....
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CDNFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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certificate holder in lieu of such endorselnent(s).
PRODUCER
JEFF MILLER IN$IIRANCE AGENCY
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PHONE -(51)AFAX C No : (951) 73.8-8151
9.738-8500
E-MAIL JeffC�JeffMiiierlrlsurallce.com
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370 W Grand Blvd #107
CORONA, CA 9.2882
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1801 Ratella Avenue, Suite 100.0- THE EXPIRATION DATE THEREOF,. IV
NOTICE WILL 'BE DELIVERED IN
ACCORDANCE WITH THE POLICYPROVISIONS..
Anahe Ml CA, 9"06
AUTHORIZED REPRESENTATIVE
0 1988-2010 ACORD CORPORATION. All right* reserved:
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Produce using Forms BassPlus-software..viww.FormsBaes.com; 4mp—i— Pubiiahtn9 800-208-1977
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September 26, 2014
Mr. Fred Wilson, City Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mr. Wilson:
Thank you for the opportunity to provide you with a proposal relative to the City of Huntington
Beach's desire to secure funding that will become available via the South Coast Air Quality
Management District (SCAQMD) as part of a new regulation related to electrical generating
facilities payment for use of emission offset credits.
The City originally engaged Curt Pringle & Associates (CP&A) in July, 2013 to assist with this
effort. At that time, Rule 1304.1 had been proposed by SCAQMD staff to require new power
plants, or existing energy producing facilities that plan to replace aging power -generating
equipment (boilers, turbines, etc.), to pay an annual fee to offset emissions from these
new/repowered facilities. As envisioned by the SCAQMD, these fees would go toward
establishing multi -million dollar mitigation funds that would be allocated to public and private
entities for the established purpose of reducing air emissions in those communities.
CP&A Vice President Peter Whittingham, working in close concert with the City's then -Energy
Project Manager, Aaron Klemm, implemented an outreach effort designed to best position the
City to apply for and maximize potential grant awards from this new fund. Our efforts included,
but were not limited to, the following:
• Devoting significant time and attention to developing a thorough working understanding
of the City's 2013-2014 Capital Improvement Program (CIP), long-term capital projects
and project objectives that are relevant to potential air emission reductions and alternative
energy/energy efficiency.
• Provided an analysis of the 75 applications that were submitted to the SCAQMD for
funding made available via the $51 million CPV Sentinel power plant mitigation fund in
the Coachella Valley, as well as the 26 projects that were awarded these funds in January
2013.
• Assisted with the development of a prioritized list of projects that could compete for and
ultimately receive allocations from funds related to the repowering of the AES
Huntington Beach facility.
• Outreached to the 13 members of the SCAQMD Governing Board, 10 of whom are
elected officials representing the four counties — Orange, Los Angeles, San Bernardino
and Riverside — that fall, all or part, within the SCAQMD jurisdiction.
■ 1801 East Katella Avenue, Suite 1002, Anaheim, GA 92805 ■ ph 714.939.9070 fax 714.939.9080
email@curtpringle.com ■ www.curtpringle.com
Mr. Fred Wilson September 26, 2014
City of Huntington Beach Page Two
Thanks to our outreach efforts, when the proposed rule came before the Governing Board at its
meeting of September 6, 2013, an amendment was brought forward by Governing Board
member Judy Mitchell (who represents the Cities of Western Los Angeles County) to prioritize
the allocation of the overwhelming majority of mitigation fees collected via this rule to the
communities closest to the facilities paying into the program. Since the adoption of the rule, we
have participated in two Rule 1304.1 Working Group meetings and have worked to ensure that
the criteria that is ultimately developed and recommended by SCAQMD staff is consistent with
the City's desires.
Going forward, our recommended focus will be on the further development of these criteria via
the Working Group process, with the next meeting of this Group scheduled for Thursday,
October 16. We anticipate that the AQMD staff will have proposed guidelines in place by
January 2015, with the ultimate consideration of the recommended protocol by the Governing
Board by March or April of next year. To that end, we will continue to work closely with your
staff and with Governing Board members, their Board Assistants and SCAQMD staff to ensure
that the City's priorities are well -represented in the proposed menu of acceptable programs.
Given the more specific scope of work going forward, we would propose entering into an
agreement that would become effective on October 1 of this year and would remain in place until
the adoption of the Rule 1304.1 grant funding guidelines by the AQMD Governing Board, no
later than September 30, 2015. Compensation for our services would be $2,000 per month, due
and payable on the first business day of each month.
We look forward to continuing to assist the City of Huntington Beach with this exciting effort.
Please do not hesitate to contact me or Peter Whittingham if you have any questions or concerns
regarding our proposal. Thank you again for the opportunity to present this to you, and best
regards.
Sincerely,
Curt Pringle
CITY OF HUNTINGT N BEACH RECEIVED
OCT 06 2014
Professional Service Approval Form
a ; Finance Department
PART I
Date: 10/2/2014 Project Manager Name: Teri Baker
Requested by Name if different from Project Manager:
Department: City Manager
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED
BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL,
BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED
WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Curt Pringle & Associates -'_Lobbying Services relatated to AES Mitigation Fees and AQMD rulemaking
and guidelines.
2) Estimated cost of the services being sought: ` $ 30,000
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized.
® MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized.
5) Is this contract generally described on the list of professional service contracts approved by the City
Council? If the answer —to his question X "No," the contract will require approval from the City Council.)
�® Yes ,/❑ No
Fiscal Services Vana6er
re (Purchasing Approval)
76 -2 —6/
Date
6) Amount, Busines's Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
Account number
Contractual Dollar Amount
Business unit. object #
Year 1(estimate)
Year 2 (estimate)
Year 3(estimate)
1003010169300
$30000
$
$
$
$
$
City Manager's Signature
T, Date
Date
Date
Date
Date
professional service approval form - part i curt pringle oct 2014 - sept,20l5.docx
REV: December /2013
=v
CITY OF HUNTINGTON BEACH
O Professional Service Approval Form
PART
11
Date: 10/2/2014 Project Manager: Teri Baker
Requested by Name if different from Project Manager:
Department: City Manager
RECEIVED
OCT 06 2014
Finance Department
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST
BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Curt Pringle & Associates
2) Contract Number: ADM 2014-25
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $30,000
Account number
Contractual Dollar Amount
Business unit. object #
Year 1(estimate)
Year 2 (estimate)
Year 3(estimate)
10030101.69300
$30,000
$
$
$ FYI S
$
$
$
$
$
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to the contract.)
7) Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact telephone
number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
16--3--W
Fisca ervices an urchasing) Date
Budget Manager Appro I Signature Date
4jv, - AIX,4 / EV 0 1
ector of Finance (or designee) SignatureIlDatfe-
professional service approval form - part ii.doc
REV: December /2013