HomeMy WebLinkAboutFERGUSON GROUP - 1997-02-18E CITY
HUNTINGTON
1999 State/Federal
-Pees E ki A %' S v odq �►
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ACH
Funding Needs -And Resources
January 4,1999
Evalua ' Prioritizing
Needs & Opp unities
• Near versus longterm opportu s •
• Probability of success
• Maximizing opportunities
• Political priorities
.
Proposed Ti
• Police
— Crime Lab
Improvements
— Communications
Center/CAD System
— State Cops Program
HB Needs
• Li
— Young A ogram
— At Risk Chi
Parenting Wor
— Rehabilitation o
Library Facilities
— Internet Access
— Adult Literacy
— Children's Theater
— CommunityTheater
•
Propose
• Community Services
— Project Self -Sufficiency
Program
— Oak view Neighborhood
Center
— Edison Field
— Park ADA
Improvements
— Central Parks Sports.
Center
— Youth Sports Facilities
Renovation
er I HB Needs
- tral Park Urban
Fore provements �
- South B
Improveme
— Bluff Top Ero?
— Beach Erosion
— Harbor Dock
Improvements
— Pier Tower I
— HB Co. Historic Hous
- Senior Center
- Gun Range Clean Up
Propose
■
• Community Development
-- Nesi Property
• Economic Development
— Beach Blvd. Median
Improvements
-- Beach Blvd. Corridor
— Holly Seacliff
Improvements
- CBD Shuttle Service
r I HB Needs
— CBD Sewers-
Proposed Ti
• Public Works
— Vehicle Fleet Conversion
HB Needs
— Huntington Lake
— Seismic Retrofit Project
— Beach Blvd. Smart Street Improvements
— Flood Control
— Arterial Highway Rehabilitation
•
Funding'
• Federal Appropriations
• Special State
Legislation/Budget
• Water Resources
Development Act
• HOME- Program
• EPA Grant
• Low Income Housing
Credit
ortunities
• FE azard
Mitigati rant �
• Crime Tec
Funding
• DOE Library Se
Program
• Technology
Innovation Challeng
Grants
Funding
rtunities .(cont)
• Safe &Drug Free Schools
• SAMHSA Residential
Treatment
• Fund For Improvement of
Education
• Telecom Information
Infrastructure Grant
• US Dept of Labor
.gym
• HUD Self1l"
Ownership 1
• Brownsfields
.t
• California Fores
• Urban/Community
Program
s
Funding
• California
Boating/Waterways
• CDBG Sec 108
Program
• US DOT Intelligent
Transportation
Systems Grant
• Multi -Modal
Transportation.
Earmarks/Grants
ftunities (cont)
• Fede%1 Transit
Adminis 'on �
Earmarks/
• Sec 202 Hous
• AQMD �
• Smithsonian Insti
Traveling Exhibits
• Transportation
Efficiency Act (TEA
i,ng Strategies
• Maximize Resource "' 0
ortunities
• Develop State/Federal Dele 'on Support
— District Site Visits 0
— Develop Briefing Documents/Testim
— Washington/Sacramento Briefings
• Develop Relationships with Key Legisld
Committees/Agencies
— Washington/Sacramento Briefings/Testify
• Seek Authorizations For Longer Term Need
(Tier 2)
• Support Special Legislation
J
•
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• HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH
CITY COUNCIL COMMUNICATION
TO: Wnara
ayornd City Council Members
FROM: ard, eputy City Administrator
Via Ray Silver, City Administrator
DATE: December 31, 1998
SUBJECT: CITY OF HUNTINGTON BEACH NEEDS ASSESSMENT
Since September 1998, the City's Administrative staff and Department Heads have
worked with The Ferguson Group to identify Citywide needs with the intent of developing
a comprehensive list of City programs and projects that need revenues in order to bring
them to fruition. From these meetings, a City of Huntington Beach Needs Assessment
document emerged. The Ferguson Group reviewed the information received from City
departments and rated projects either long-term or near -term, identified potential funding
sources, and based upon their experience and knowledge, assigned funding potential
• (low, moderate or high). City Projects were divided into Tier 1 and Tier 2. Within Tier 1
are projects identified as having near -term results with a potential of a moderate to high
funding opportunity. Within Tier 2 are projects identified as long-term efforts with a low
to moderate funding potential.
Thane Young, Vice -President of The Ferguson Group and Ralph Webb, Ferguson
Group Associate will be present at the January 4, 1999 study session to discuss with the
City Council their review of the City's needs, and more specifically, to hear directly from
City Council Members regarding their thoughts and suggestions on the projects and
programs included in Tiers 1 and 2. At the conclusion of the study session, with City
Council Member's input in hand, The Ferguson Group will finalize the City's Strategic
Work Program for 1999. This Strategic Work Program will be used by The Ferguson
Group and City staff in assisting the City in seeking sources of funds for those identified
projects at Federal, State and Regional levels of government, and through private
foundations.
Cc: Melanie Fallon, Assistant City Administrator
Attachments:
1. Evaluating the Priority of City Funding Needs
2. Tier 1 - Huntington Beach Needs Assessment
3. Tier 2 - Huntington Beach Needs Assessment
4. Legislative Process — FY 2000 Appropriations
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Evaluating the Priority of City Funding Needs
Attachment 1
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• CITY OF HUNTINGTON BEACH NEEDS ASSESSMENT
Evaluating the Priority of City Funding Needs
The City of Huntington Beach should consider the following criteria in determining legislative
and grant funding opportunity priorities for 1999 and the long term beyond the coming state
legislative and congressional sessions. The Needs Assessment Matrix indicates The Ferguson
Group's evaluation of opportunities in terms of near versus long term opportunities and prospects
for funding categorized by low, moderate or high. Following are general funding opportunities
for City needs and criteria to assist in determining priorities.
• Categorical Grant Programs
While there are fewer categorical grant programs than in years past due to budget cutbacks,
categorical grant programs have an existing authorization and an annual appropriation for the
funding .of local government needs. Additionally, the eligibility criteria are quite clear and
the opportunities for funding will depend on the amount of annual appropriation for these
authorizations and the level of demand for categorical grants.
• Appropriations Per Authorizations
is Appropriation earmarks based on existing federal or state authorizations which must be
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sponsored by the City's state or congressional delegation, have an enhanced opportunity for
funding. Again the opportunities for funding will depend on the level of available funding,
the level of competition for that funding, the delegation's expressed support, and the number
of requests from the delegation.
• Appropriation Earmarks Without Authorization
Appropriation earmarks without an authorization represents an opportunity funding.
However, as in the case of appropriations per an existing authorization, a member of the
legislature must make the appropriations request. Some legislators philosophically oppose
appropriation earmarks in the absence of an authorization.
• Special Legislation
The City may want to consider some projects for authorization and funding through special
legislation. The City has had some success securing the sponsorship of its State
Assemblyman for special legislation to fund Huntington Beach improvements. The ability to
exercise this option will depend on the nature of the project and the Assemblyman/Senator's
support for such improvements.
• • Operating Assistance Capital Improvements Versus Ope g Needs
Funding opportunities for infrastructure and one-time capital improvements are greater than
opportunities for operating assistance. Additionally, in the event the City is successful in
securing operating assistance for city programs, the City must be prepared to absorb the
continuing operating costs once the state and/or federal funding ceases (i.e. the COPS
program). Further, operating assistance is difficult if not impossible to secure under many
state and federal funding opportunities, i.e., bus transit operating assistance.
• Strategies For Near Term and Long Term Opportunities and Needs
Opportunities can be categorized in near and long-term opportunities. The city should
evaluate its needs in terms of near and long term requirements as well as evaluate
opportunities in near versus long term opportunities. For example, reauthorization of major
federal programs such as the Water Resources Development Act and the reauthorization of
the transportation act occur on multi -year cycles. While the reauthorization of the
Transportation Equity Act for the 21 s` Century (TEA-21) may not occur until 2002, the city
has transportation needs that have the greatest opportunity for funding in the reauthorization
of the transportation authorizing legislation and subsequently the City may want to adopt a
longer term strategy to work with its congressional delegation to secure authorization for
transportation projects in 2002.
• Developing Project Authorization
• Some needs may not be eligible for an existing authorization or Cate orical rant programs
Y g g g g P g
and may not be competitive in the appropriations earmark process. In some limited cases it
may be possible to develop authorization and funding for projects. The water infrastructure
seismic reliability project represents such a case. That program requires establishing
authorization in the Water Resources Development Act, which is currently scheduled for
reauthorization in Congress.
• Eligibility of Projects
The competitiveness of projects will depend on their eligibility in existing categorical grant
programs, authorizations, or appropriation earmarks. The needs assessment matrix
categorizes each need and project in terms of its funding opportunities which takes into
consideration the eligibility and/or competitiveness within those opportunities.
• State/Congressional Delegation Support
State and congressional delegation support is key to the securing funding for the City's needs.
While support from the delegation may be important in support of applications for
categorical grant funding, it is essential for appropriation earmarks. Not all members of the
delegation may support an authorization, such as TEA-21. Evaluation of funding
• opportunities must assess the. level of support for specific programs and needs the City can
expect from its delegation.
0)
• • Competition Within Funding Source
Funding requests can be diluted when multiple requests are made. A request for an
appropriations earmark might be one of several that a member of the legislature or congress
is making. Additionally, programs might be funded by different departments but the sources
of funds are combined in one appropriations bill (e.g., EPA and HUD programs are contained
in one appropriations bill.)
Funding Resource Opportunities
Following is a summary of specific state and federal funding opportunities potentially available.
• Appropriations (DOD, Water & Energy, Transportation, Independent Agencies).
Congress adopts 13 annual appropriations bills, which contain program funding as well as
earmarks for specific projects. The appropriations process begins with the release of the
President's budget request in early February and is supposed to be completed before the
beginning of the new fiscal year on October 1. The federal budget is a non -binding
resolution that guides the 13 appropriations subcommittees to set priorities and funding
• levels. Congress usually adopts individual appropriations bills during the summer and early
fall. The President must sign or veto appropriations bills in their entirety.
The State budget process begins with the submission of the Governor's budget in early
January and must be passed by June 15, although the deadline has been repeatedly violated in
recent years. Legislators may add appropriations for individual projects during consideration
of the budget, but final decisions are made , in negotiations between the leaders of the
Assembly and Senate and the Governor. The Governor may line item. --veto specific
expenditures within the budget.
• Water Resources Development Act
Every federal election year, Congress revises the Water Resources Development Act
(WRDA), which authorizes specific projects and programs conducted by the U.S. Army
Corps of Engineers. While the appropriations committees may add funding for studies, no
appropriation may be made for design and construction of a project that has not been
authorized by WRDA. This legislation authorizes infrastructure and natural resource projects
such as aquatic ecosystem restoration, certain types of water infrastructure, flood control, and
harbors.
• HOME Program
• The Home Investment Partnership Program (HOME) provides formula grants to States and
localities that communities use -often in partnership with local nonprofit groups -to fund a
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• wide range of activities that build, buy, and/or rehabilitate affordable housing for rent or
homeownership or provide direct rental assistance to low-income people.
• EPA Grant
Congress earmarks 'EPA grants in the annual V.A, HUD and Independent Agencies
appropriations bill. Any water quality improvement activity is potentially eligible for grant
funding. Cost -sharing requirements have varied in past years from 0 to as much as 40%.
• Low Income Housing Credit
The Low Income Tax Credit Program provides an effective vehicle for encouraging private
investment in new affordable rental housing. Eligible. projects' receive federal income tax.
credits over a ten-year period, commensurate with the percentage. of the units set aside for
eligible households.
• FEMA Hazard Mitigation Grant
After the President declares a disaster, 15% of the federal assistance amount .is set aside for
hazard mitigation grants. Application must be made to the State Office of Emergency
Services which establishes priorities, reviews grant applications, and administers grant funds.
Grant proceeds are used to minimize future hazards such as removing structures from the
• floodplain and retrofitting structures. Grant recipients must cost -share 25% which may be in -
kind or cash contribution.
• Crime Technology Funding
Crime technology funding is available through the Community oriented policing Services
(COPS) More Program. COPS will do another round of funding in the Spring of 1999.There
are also other sources for technology funding that will be made available by. -the end of the
FY 1999.
• State COPS
A direct award from the Stated California was not funded when last up
for renewal. Legislation to fund the program is expected this year.
• DOE Library Services Program
• Library Services & Technology Act
The Library Services and Technology Act (LSTA) provides federal assistance to states,
but is intended for assistance to local libraries. The bulk of the funds are allocated to
• state library agencies to develop local library services and statewide library services,
stimulate and promote resource sharing, encourage technological innovation, enhance
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• electronic networking and linkages among libraries of all types, and improve services to
the underserved or those persons whose needs are not met by traditional library service.
• Institute of Museum and Library Service (IMS)
There are various adult literacy assistance opportunities through federal agencies
including US Department of Education, US Department of Labor or other government
agencies. Private foundations or corporations may also be a potential
source for grant funding.
National Leadership Grants —to enhance the quality of library services nationwide and to
provide coordination between libraries and museums. Appropriate uses for grant funding
include: (1) Education and training of persons in library and information science,
particularly in areas of new technology and other critical needs, including graduate
fellowships, traineeships, institutes, or other programs; (2) research and demonstration
projects related to the improvement of libraries, education in library and information
science, enhancement of library services through effective and efficient use of new
technologies, and dissemination of information derived from such projects; (3)
preservation or digitization of library materials and resources, giving priority to projects
emphasizing coordination, avoidance of duplication, and access by researchers beyond
the institution or library entity undertaking the project; and (4) model programs
• demonstrating cooperative efforts between libraries - and museums.
National Institute for Literacy --to enhance the national effort to reach the National
Education Goal —that all Americans will be literate by the year 2000—through the
coordination of efforts for literacy across Federal agencies, and through support for the
creation and dissemination of information to improve literacy practice, policy, and
technical assistance to literacy providers. NIL is authorized to pursue many different
specific activities including: funding research and development, creating.. a database or
current information on policy and practice, providing technical assistance, funding
fellowships, and supporting a national literacy hot line. An over -arching principle is that
NIL will carry out its activities through collaborating with and building on existing public
and private efforts.
• Technology Innovation Challenge Grant
The U.S. Department of Education administers discretionary grants under the Elementary
and, Secondary Education Act of 1965 supporting the development, interconnection,
implementation, improvement, and maintenance of an effective educational technology
infrastructure, including activities to provide equipment, training for teachers, school library
and media personnel, and technical support. The primary goals of the program are to promote
the use of technology to support school reform, support network and telecommunication
connections to improve student learning, and support professional development in the
• integration of high -quality technology into the school curriculum.
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• While educational institutions are the principal eligible applicants, consortia may compete if
the consortia include at least one local educational agency with a high percentage or number
of children living below the poverty line. -
• Safe & Drug Free Schools
Competitive grants administered by the Department of Education to support state -funded
programs for safe and orderly learning environments in schools.
• SAMSA Residential Treatment
SAMSA is an annual grant program for substance abuse treatment services delivered in a
residential setting, that uses primary health, mental health and social services for the women,
their children, and family. SAMSA is a health -based program.
• Fund For Improvement of Education
The Department of Education administers an annual grant program, the Fund For the
Improvement of Education funding innovative projects of national significance, the aim of
which is to improve the quality of education and to assist all students to meet challenging
standards.
• • Telecommunications Information Infrastructure Grant (TIIAP)
TIIAP provides matching grants to non-profit organizations such as schools, libraries,
hospitals, public safety entities, and state and local governments. Grants are used to fund
projects that improve the quality of, and the public's access to, education, health care, public
safety, and other community -based services. The grants are used to purchase equipment for
connection to networks, including computers, video conferencing systems, network routers,
and telephones; to buy software for organizing and processing all kinds of information,
including computer graphics and databases; to train staff, users, and others in the use of
equipment and software; to purchase communications services, such. as internet access; to
evaluate the projects; and to disseminate the project's findings.
• US Department of Labor (DOL)
The Department of Labor has significant resources to address adult literacy. The Adult
Literacy Program is a formula program that is administered to states; however, local
governments can take advantage of the program by applying to the state for funding.
• NEH/NEA-National Endowment of the Humanities, National Endowment of the Arts
The NEH Public Program provides opportunities for the public to explore human history and
• culture through humanities programs in museums, historical organizations, libraries,
community centers, and other gathering places, as well as on public television and radio. The
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• objective of NEA promotion of the arts grants is to foster the excellence, diversity, and
vitality of the arts and to broaden public access to the arts.
• HUD Economic Development Initiative (EDI) Grant
Competitive and congressional earmarks to fund CDBG-eligible economic development.
Must be associated with a Section 108 loan. The competitive process will open in the spring
of 1999. Grants earmarked by Congress need not be associated with a 108 loan.
• Self -Help Ownership Program
The Department of Housing and Urban Development administers the Self -Help Home
Ownership program which is authorized by the Housing Opportunity Program Extension Act
of 1996. The objective of the program is to facilitate and encourage innovative
homeownership opportunities through the provision of self-help housing where the
homebuyer contributes a significant amount of sweat equity toward the construction of the
dwellings. The program funds land acquisition and infrastructure improvements. Eligible
applicants include Habitat for Humanity International, non-profit organizations or consortia
of organizations with experience providing home ownership opportunities.
Brownsfields
• Brownsfields funding is available through competitive programs and congressional earmarks
through EPA and HUD. Funds are used to cleanup contaminated property to allow for
economic development.
• HUD Brownsfields Economic Development Initiative (BEDI)
Once a year HUD provides grants for Brownsfields related projects. The availability of FY
1999 funds will be announced in the spring of 1999. BEDI funds can also be earmarked in
the VA -HUD appropriations bill.
• California Forestry Grant
The California Forestry Grant Program consists of a number of funding opportunities
including the California Department of Forestry and Fire Protection Tree -Planting Program,
the California Releaf/National urban Forestry Grant Program, the California Wildlife,
Coastal, and Park Land Conservation Bond Act Urban Forestry Grant Program, the national
Tree Trust Tree -Planting Grant Program, and the national Urban and Community Forestry
Advisory Council challenge Cost -Share Grant Program.
0 Urban and Community Forest Program
Competitive grants to allow the U.S. Forest Service to assist in the implementation of
• comprehensive management strategies in urban areas.
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• • California Boating & Waterways
Capital Outlay -The Department of Boating & Waterways is authorized to plan and "develop
boating facilities on State -managed properties which enhance recreational boating and
navigation. The Department funds and constructs boating facilities on lakes, reservoirs and
waterway including the State Water Project and the State Parks System. Projects typically
include concrete launching ramps, car/trailer parking, boarding floats, restrooms, lighting,
berthing, moorings, floating restrooms, and boat -in day use and camping sites. All of these
facilities are designed and constructed in accordance with the provisions of the Americans
With Disabilities Act for barrier -
free access.
Loans —The Department makes loans to local governmental entities for the development of
marinas under the small craft harbor loan program. Planning loans are provided for the
preparation of small craft harbor feasibility reports which include the preliminary
engineering, economic, and financial assessments of a proposed project and the appropriate
environmental impact report document. Construction loans are available for new small craft
harbors or the expansion of existing berthing facilities. Typical project activities include
breakwater construction, dredging, berths for boats, utilities, landscaping and irrigation,
restrooms, fuel docks, boat sewage pumpout stations, and public access walkways.
• • Special Legislation
Specific projects can be funded by special legislation for California state budget outlays not
included in the Governor's budget. However, such legislation must progress according to the
legislative schedule established each year.
• CDBG Section 108 Program
The CDBG Section 108 program provides CDBG entitlement recipients a source of financing
for economic development, housing rehabilitation, public facilities, and large-scale physical
development projects. All projects and activities, as with the CDBG program, must either
principally benefit low and moderate -income persons, aid in the elimination or prevention of
slums and blight, or meet urgent needs of the community.
• U.S. Department of Transportation Intelligent Transportation Systems (ITS) Grant
Competitive and congressional earmarks for Intelligent Transportation Systems (ITS). ITS is
the use of computer and communications technologies to address several challenges we face
in surface transportation -improving safety, productivity, and general mobility, in spite of
increasing congestion, continuing threats to travel safety and security, and increasingly
constrained transportation agency budgets.
• • Multi -Modal Transportation
Congressional earmarks and discretionary grants to fund multi: -modal transportation centers.
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• • FTA Grant
Competitive, congressionally earmarked, and discretionary grants to fund buses and bus
facilities, including safety and new technologies.
• Section 202 Housing
The federal Section 202 housing program provides financial assistance to private nonprofit
organizations and consumer cooperatives for housing for the elderly, to finance site
acquisition and improvement, construction, reconstruction, or rehabilitation of structures.
• Air Quality Management District
The City receives an annual allocation of AQMD funds that can be utilized for alternative
fuel vehicles.
• Smithsonian Institution Traveling Exhibition Service
The Smithsonian Institution Traveling Exhibition Services (SITES) circulates Smithsonian
exhibitions, collections, and research in cooperation with museums across the country.
• • Transportation Efficiency Act for the 2151 Century (TEA 21)
TEA 21, the reauthorization of the Intermodal Surface Transportation Efficiency Act
(ISTEA), was enacted into law in 1998 and will again be authorized in 5 years. TEA 21
represents some funding opportunities for Huntington Beach within TEA 21 as well as long
term opportunities for the City when TEA 21 is reauthorized in 2003. TEA 21 authorizes
intermodal, multi -modal transportation programs and projects. While TEA 21 'authorizes
specific "high priority projects" for local jurisdictions, the potential benefit of TEA 21 for
Huntington Beach will be limited to the additional resources made available to the State and
the Orange County Transportation Authority for transportation improvements.
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DEPARTMENT PROJECT/NEED DESCRIPTION
TERM' POTENTIAL—
EST COSTS
POLICE
Crime Lab Improvements
Forensic technology Improvements
TBD
Forensic Grant Program, Crime
Technology Funding
N
M
Communications Center/CAD System
Communications Center/CAD system Improvements to awalt system study, neat
generation MDT equipment
i 2,000,000
Crime Technology Funding; S700,000 developer funded
N
M
State COPS
Secure full funding/authort)allon State COPS Program
TBD
STATE COPS
N
M
LIBRARY
Young Adult Program
Stafting/M&O to enhance program
$10.000
IMS, NEH, DOE Library Services Program
N
M
AL Risk Children
St2Mng/M&O to enhance program
515,000
SAFE & Drug Free Schools, DOE Appropriations, After
School
N
M/H
Parenting Workshops
SlaMnr/M&O to enhance program
55,000
SAMSIIA Residential Treatment
N
H
Rehabilitation of IJbrary Fac®Ilea
Roof repair -Central Libra ry, r1112b0lt2tion of brinch libraries
$276,000
Library Services & Construction Act
N
It
Internet Access
Replacing CD ROM Internet access with 1".1 or cable; E.rate access
$20,000
Gales FnmulallmVSlale IJbrary, Tech lunovatlon
Challenge Cranl
N
M
Adult Literary
Stafling/M&O to enhance program
520,000
Slate IJbrary/US DOL
N
If
Chadren's Theater
Staff/M&O for children's theater
520,000
NEH. NEA
N
1f
Community Theater
Free standing community theater
550,000
IIUD EDI Grant
N
M/H
COMMUNITY SERVICES
Project Sett Sufficiency Program
Increase staff to Increase caseload and meeting demands
575,000
HUD EDI Cnnt/Self-llelp Ownership Program
N
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Oakvlew Neighborhood Center
Expansion of Oakvlew neighborhood Center
5200,000
IIUD EDI Grant
N
M
Edison Reld
Rehabilitation of sloking IkKold landfill
S 100,000
}IUD EDI Grant
N
M
Parks ADA Improvements
ADA access Improvements at parks; lot lot equipment replacement
S900,000
HUD SDI Cram DOJ Technical Assistance Program
N
MAI
Central Park Sports Center
$8.000,000
HUD EDI Grant
N
M
Central Park Environmental
Remedlatlon
Remedlation of old land fill site/methane problem
$5,000.000
IIUD EDI Grant/ Drownsfldds
N
M
Renovation of Youth Sports Facilities
Cllywlde youth sports facilities on school properly require renovation
S 7,200,000
HUD EDI Grant
N
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Urban Forest Improvements -Central
Park
5250,000
CA Forestry Crank U.S. Forest Service, 11111), I1EDI,
EPA
N
M
South Beach Improvements
Restrooms, parting, fighting, landscaping, bite trails @ South Beach
37.500.000
CA Boating & Waterways/TEA 21
N
M
Bluff Top Erosion
OIUR top erosion control; railing replacement
S3,250,000
Corps Study/ITS
N
1f
Beach Erosion
51,000,000
Corps Study
N
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Ilarbor Public Dods Improvements
Warner dolt replacement
I
050,000
CA Boating & Waterways
N
M
Pier Tower
Replacement of Tower Pier
S 500,000
CA Budget (Ross Johnson)
N
11
IID Co. Historic House
Renovation of 1111 Co. Historic (louse
$1,000.000
EDI Grant
N
M
Senior Center
MolLLservke senior center @ Bartlett Park
$8.000,000
EDI Grant
N
M
Can Range Clean Up
Environmental dean up of dosed gun range
5150,000
EPA, IIUD, DEDI,Browaslields
NA.
M
COMMUNITY
DEVELOPMENT
Nest Property
Contamination remedlation of Nest property
TBD
EPA, IIUD, DEDI,Drownsfields
NA.
M
ECONOMIC DEVELOPMENT
Beach Blvd. Median Improvements
Landscaping, Irrigation, reforesting Improvements
57,075,000
FDA
N
M
Beach Blvd. Corridor
Beach Blvd. Corridor Improvements pending Beach Blvd. Visioning
TBD
RDA
N
M
Holly Seadlff Improvements
OlVitorage dean up; Infrastructure Improvements
55,000,000
Brownsfields
N
If
CBD Shuttle service
CapllaVM&O assistance for CBD shuttle service finking CBD anchors/resorts
$1,500.000
FTA Grant
N
M
SRO Housing
SRO housing @ Golden West College/Transit Center
56,000,000
FTA Grant
N
M
Senior Housing
Senior Housing at city hall site
$1,700,000
Sec 202 (app pending)
N
If
Hoover/Gothard Extension
Extension of Hoover/Gothard
$6.500,000
EDI grant
N
l M
CUD Sewers
Replacement of CBD sewers
$5.000,000
EPA
N
M
-TERM N - New Term
L - Long Term
`• FUNDING PO'1'l:'NI'IAL
L-Low
M-Modcrae
Pano 1 of 2
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DEPARTMENT
PROJECTINEED
DESCRIPTION
MCOSTS
TERM-
POTENTIAL"
TDD
Forensic Grant Progr m, Crime
Huntington Labe air f0ter,erosiun control
$200,000
EPA
Huntington Labe
N
M
S5,000,000
Seismic Retrollt Project
Water, drainage, sewer seismic retrofit Improvements
Corps of Engineers
L
M
Beach Blvd. Smart Street
TBD
Improvements
Smart streel Improvements Maln/Ems south
DOT ITS Grant
N
M
Flood Control
Mhstng Master Plan FacIDties
510,000,000
FEMA Hazard Mitieation Grant
L
M
56,000,000
Arterial Highway Rehab IRchabliltallon
of deteriorated highways
ITEA
21
L
M
is
i
17TYM N - New Term
L - Long Term
" FUNDING POTENTIAL
L-Low
M-Moderate P:tnr 2 of 2
•
Tier 2 — Huntington Beach Needs Assessment
C,
Attachment 3
0
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..... ........................
............
......
................
. .......... .. . ....... .
X .... .. ........ . .........
.. ....... .
DEPARTMENT
PROJECT/NEED
DESCRIPTION
EST COSTS
RESOURCES TERM'
POTENTIAL"
Provide back up power at Central Library to Insure operation of city telephone
TOD
FIRE
Back Up Power @ Central Library
system during power outages
Limited
L
L
Operating ossistance and supplemental staff for the Emergency Operations
TOD
EOC Operating Assistance
Center
FEMA lizard Mitigation Grant
L
L
TOD
Flood Proof EOC
Reb2bffiia(e policelcity hill building to Insure flood proofing the EOC
FEMA Hazard Mitigation Grant
L
L
TOD
Upgrade EOC
Communications/Information Systems
Upgrade ROC with state of the art communIcattonslinformation systems
FEMA Hazard Mitigation Grant
L
L
Replace EOC Radios
TOD
FEMA Hazard Mitigation Grant
L
L
Additional operating assistance to increase Community Emergency Response
TOD
CERT Training
Team training
DOD, DOJ Emergency Response Program
L
L
TOD
Automatic Vehicle Locators
Installation of AVL system for fire and emergency response vehicles
ITS, Crime Technology Funding
I.
qN
if
Seismic Retrofit Station 0 3
$550,000
FEMA HMO Mitigation Grout
L
L
opucoms
Provide 100% city coverage, fiber optics alternative
TOD
ITS
L
-
Metro Net Equipment
Provide MTD's for all cities
TOD
WA
L
L
TOD
Limited
Fire Physical Training Equipment
Improved Physical (mining to reduce disablifty Injuries
L
L
FIreMed Communications System
Lbulled
Improvements
Improve medical Information communications between paramedics/hospitals
TOD
L
I,
Limited
Chic Center Fire Sprinklers
Install fire prevention/sprinkler system
$750,000
L.
L
TOD
Limited
We Training Center Training Tower
Rehabilitate fire training tower
I,
L
Regional I [azMat Response Program
Operating assistance; subscriptions and non -subscriber bills do not fully pay For
TOD
Limited
Operating Assistance
the program
L
L
Helicopter Infrared/ Video
TOD
Limited
POLICE
Transmission
L
L
Automated Booking System
TOD
Crime Technology funding
L
H
800 MHz Radio System
TOD
Crime Technology funding
L
H
Firing Range
Delolfte & Touche reglonalballon study
TOD
Limited
L
L
Limited
Toc011y Improvements
Properly/Evidence V-111alki., llulkli.t Improvemeats
51,245.000
11
L
TOD
On On, access in catalog; after -school homework assistance; telephone call -In
Technology Innovation Crank Fund For Improvement of
LIBRARY
School Networking
reference service
Ed. Telecom [.formation 10fF231ructure Assistance Grant
L
MAI
TOD
Cates Foundatlou/Slate, Llbrary,y, Tech Innovation
Internet Access
Replacing CD ROM Internet access with T-1 or cable. Fm(e access
Challenge Grant
COMMUNITY tERVICTS
Newland Property Development
Master Plan Improvements; golf course, pork, wildlife
If 0,000,000- Ill 2,000,000
HUD RDI Cron(
L.
MfII
Multi -Purpose Senlon, Center
New 40,000sf multi -purpose senior center [a Bartlett Park
58,000,000
HUD RD[ Grant
I,
M
5150,000
Sports Facilities Lighting
Lighting replacement at sports facilities
HUD RDI Grant
_N
I,
Therapy Riding Program
Stafflng/M&O for therapy riding at Equestrian Center
$600,000
L
I,
$750,000
On Weal Clean -Up
Environmental dean up of old all wells west of Central Park
BRDI.RPA Cron(
1,
M
5820,000
TOD
Reach Maintenance Facility
Replace facility displaced by hotel development
N
L
Reh.billistion of City Pool
Rebabiltladon of city pool @ 16th/p2ho
52,000.000
Section I OWEDI grant
N
L
54.500.000
TOD
Ocean High School Olympic Pool
L
L
1111 Ifigh School Auditorium
Interior rchatillf.lion of Jill High School Auditorium
S3,000.000- 54,000,000
Kill Grant
N
Edison Skateboard Park
Development of skateboard park al N.rlBon Park
5225.000
TOD
L:
Roller Blade Drop -In Facility
Roller Blade Drop -In FacM(y @ Central Park
$150,000
Corporate funding
NA
I NA
580,000
TOD
.
Beach Access
Beach access @ Seapolnt/PCII
L
L
-1`13RM N . New Tenn
L - Long Term
FUNDING POTENTIAL
L - Low
M -Moderate
Pans 1 of 2
0
0
:..,:..................:.....................:...:..:.....::..:. ..........: .
`i`"?OF..ii1�'ill�i fir'
ki 13 'tS`=TIIt
2.....
DEPARTMENT
PROJRCT/NEED DESCRIPTION
EST COSTS
RESOURCES TERM'
POTENTIAL"
COMMUNITY
Yrmdde backup Power at CeatraSllbrary to Insure operation of city telephone
fi1tD
Limited
pa1�WaA-F�rmN
TBD
TIID
Neighborhood Preservation
Improvements
Needs/Proposed Program to be developed by consultant
L
L
$79,000
TBD
BaOding/Code Enforce eat MDTs
Hand held field computers. Improve held efficiency
L
L
Springdale/Graham Neighborhood
TBD
TBD
Setlilag
Settling due to construction on peal bog
L
L
Limited
ADMIN SERVICES/ CITY
TREASURER
Performance Budgeting
Implementation of performance based budgeting; consulting assistance
TBD
L
L
Development of multi, medla/compuler based brieMg/meeting room for
Limited
MIS/Bdefing Room
city/commudly
TBD
L
L
Limited
Imaging -Records Management
TBD
L
L
City Internet Access
TBD
Limited
L
L
Lindted
Replacement of business license, payroll, accounting system, cash receipts,
Business System Replacement
eleclorak payments, utMty billing, cash flow management
SI,800,000 unfunded
L
L
TBD
Limped
Replacement of Mainframe Computer
I
System
L
L
TUD
Taxpayer Relief Act-I997
ECONOMIC DEVELOPMENT
Empowerment Zone
Partner with eligible neighboring community
L
L
TBD
Edinger Street Improvements
NMening/tandscaping; Edinger Specific Plan Improvements
RDA
L
M
TBD
HB Mail Improvements
JIB Mail paridng structure
Multi -Modal Transportation
L
L
TBD
TBD
Beach Bind. Undergroundlag
L
L
Beach Bind. Iandmark/Manument
TBD
RDI Grant
Signing
L
L
TBD
CBD Improvements
Public art, performance art, special events, CBD concierge
Smithsonian Traveling Exhibits
N
L
Regional Economic Development
TBD
Center
Develop business Identity for region
L
It
TBD
PUBLIC WORKS
Pelican Lake
Environmental dean up of Pelican Lake In Central Park
EPA
N
L
S200,000
TBD
Civic Center Me/Security System
IL
L
Implementation of dvil citation process; personnel, M&O, contract hearing
TUD
TI)U
I
CITY ATTORNEY
Civil Citation Process
officer
L
L
CITY CLERK
TBD
TBD
Repair City Clerk's office vault roof which leaks threatening hlsloricallvltal
Vault Roof Repair
records
L
L
55,000
TDD
Clltren Access to City Council Records
Computer for public counter to access City Council records
L
L
TBD
TBD
Cttywide Records Program
Development and Implementation of dtyaide records program
L
L
"1713 2M N - Near Tenn
L - Long Tenn
--FUNDING POTENTIAL
L-Low
M -Moderate
IT . 11u.1•
Page 2 of 2
•
0
•
•
•
Legislative Process — FY 2000 Appropriations
Attachment 4
C,
• .,
CITY OF HUNTING TON BEA CH
Legislacfive Process-FY 2000 Apprpriarfions
Develop Project Develop Congressional
Concept Support
January 1999
February 1999
Secure House-Tenate
House%Senate
Appropriations
Appropriations
Committee Support 10,
1
Conntrtittee A:ariruv
.March ; 999
Spring i 999
Housel.Senate
HouseiSenate Approve
Appropriations
Appropriations
L'onj'erence
10 f'nnterence Repart
Summer 1999
Suntmer. Fall 1999
Formally Con ve y
Appropriation Requests
Alt[relt .1999
llouse!Senate Approve
Appropriations
Summer 1999
President Suns
Appropruttiotts
Bilks
September -October .1
40
.. .. ; ...
(8) • 04/20/98 - Councilgency Agenda - Page 8
E-2. (City Council) Approve Construction Contract For The Wheelchair Ramp
Construction In The Amberleaf And Florida/Utica Enchancement Areas -
CC-1016 - C.J. Construction, Inc. — (600.70) 1. Approve the lowest
responsive/responsible bid in the amount of $39,975 submitted by the C.J. Construction,
Inc., for the Wheelchair Ramp Construction in the Amberleaf and Florida/Utica
Enhancement Areas, CC-1016; and 2. Authorize the Mayor and City Clerk to execute
the construction contract in the amount of $39,975; and 3. Authorize the Public Works
Department to expend a total of $50,000 including the contract amount of $39,975,
anticipated construction change orders of $5,025 and supplemental expenditures of
$5,000. Submitted by the Acting Public Works Director
[Approved 6-0 (Julien: Absent)]
E-3. (City Council) Approve State Public Library Grant Fund Allocation — (320.20)
Authorize an appropriation of $46,928 into Account E-AA-LS-392-3-20-00 for library
books from the unexpended General Fund Balance derived from the $109,814 California
State Public Library Fund. Submitted by the Library Director (Staff recommends
continuance of the past policy by allocating $46,928 from the State Grant for books
(primarily children's books).
[Approved 6-0 (Julien: Absent)]
E-4. (Redevelopment Aaencv) Approve As To Form: Oceanview Promenade Office
Space Lease Between Abdelmuti Development Company & Computer Memory
Test Labs -101 Main Street — (600.30) Approve as to form the attached office space
lease between Computer Memory Test Labs and Abdelmuti Development Company for
office space within Oceanview Promenade. Submitted by the Economic Development
Director (Approval as to form required by the Owner Participation Agreement between
the Agency and Abdelmuti Development Company).
[Approved 6-0 (Julien: Absent)]
E-5. (City Council) Continue Federal Representation Services For Seismic Reliabili
Study Application And FEMA Claims - Approve Renewal Of Contract With
Ferguson Group, LLC - Approve Waiver Of Professional Liability Insurance —
(600.10) 1. Approve and authorize the Mayor and City Clerk to execute a Professional
Services Contract with the Ferguson Group, LLC, in the amount of $30,000 in payment
for providing federal representation services relating to pursuit of federal grants and
2. Appropriate $30,000 from the undesignated Sewer Fund for federal representation
services. (Fiscal Impact Statement Attached) and 3. Waive Professional Liability
Insurance per attached Settlement Committee recommendation. Submitted by the
Acting Public Works Director (Included is a communication dated 4/9/97 regarding the
Ferguson Group, City Consultant titled Advocacy Efforts - Costs And Accomplishments).
[Approved and Adopted 6-0 (Julien: Absent)]
(8)
Ary OF HUNTINGTA BEACH
INTERDEPARTMENTAL COMMUNICATION
0
To Ray Silver, City Administrator J
From: Daryl Smith, Acting Director of Public Works
Subject: Advocacy Efforts - Cost and Accomplishments
Date: April 9, 1998
In January, 1996, the City retained The Ferguson Group to provide Federal Representation in our
efforts to obtain Infrastructure Reliability Study Funding, to aid with our FEMA claims, as well as
to help find any other infrastructure related grants available through the Federal Government. To
date, the City has paid The Ferguson Group approximately $45,000 in fees and, thus far, received
two seismic reliability grants totalling $200,000.
Recently, Ferguson is assisting the City to secure:
$700,000 in 98/99 Seismic Reliability Study Funds
$300,000 for a U.S. Corps of Engineers Beach Bluff Erosion Study
$800,000 for Fiber Optic Communication Cable in Gothard Street
$950,000 from FEMA for repair and lining of Slater Channel
$1.6 million from FEMA for Beach Bluff repair and stabilization
We should know the results of these efforts by this summer.
DAW \
cc: Honorable Mayor and City Council
Daryl Smith, Acting Director of Public Works
Robert Eichblatt, City Engineer
David Webb, Acting Deputy City Engineer
File
E
� = 1998
CITY OF HUNTINGTON BEACH
ADMINISTRATIVE OFFICE
�5
0031217.01
qITY OF HUNTINGTON BEAC,
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: PW 98-043
Council/Agency Meeting Held:_•�d
Deferred/Continued to:
t�proved ❑ Conditionally Appro ed ❑ Denied
P rV City Clerk's Signature
Council Meeting Date: April 20, 1998
Department ID Number: PW 98-043
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS (1
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR
����
PREPARED BY: '"' 6YL SMITH, ACTING DIRECTOR OF PUBLIC WORKI/
SUBJECT: Continue Federal Representation Services for Seismic Reliability
Study Application and FEMA Claims
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status
Attachment(s)
Statement of Issue: In 1996, the City was successful in receiving a federal grant for phase
I of a study regarding seismic reliability of our infrastructure. In 1997, City Council approved
advocacy efforts to support a phase II grant and other infrastructure grants as well as renew
our efforts to secure FEMA grants for 1995 winter storm damage. Staff is committed to
aggressively seek any Federal and State funding available. Professional assistance to
obtain this funding is crucial. Staff now requests renewal of our contract for Federal
Representation to continue our efforts.
Funding Source: Funds are available in the undesignated Sewer Fund per attached FIS.
Recommended Action: Motion to,
1. Authorize the Mayor to execute an agreement with the Ferguson Group, LLC, in the
amount of $30,000 in payment for providing federal representation services relating to
pursuit of federal grants.
2. Appropriate $30,000 from the undesignated sewer fund for federal representation
services. (FIS Attached)
0030111.01 -2- 04/01/98 10:53 AM
REQUEST FOR COUNCIL ACTRN
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: PW 98-043
3. Waive Professional Liability Insurance per attached settlement committee
recommendation.
Alternative Action(s):
1. Discontinue the pursuit of the federal grants.
2. Direct staff to perform the required tasks. It should be noted that City staff has much
less experience and minimal resources to perform such efforts.
Analysis:
In the fall of 1995, City staff was informed of a little known grant program which is included
within the Water Resources Development Act. In the spring of 1995, the City hired the
Ferguson Group to help the City pursue this program. Ferguson has helped several
Southern California cities in such efforts. The program allows for a maximum annual
allocation of $1.5 million for Southern California cities to study the seismic reliability of their
water resources related infrastructure. Such infrastructure would include water reservoirs,
pumping facilities and conduits; flood control pumping facilities, structures, channels and
conduits; and sewer lift station pumping facilities and conduits. Emphasis of the studies
would be on health and safety issues. Such a study or assessment would cover, not only
seismic integrity, but also design life, capacity and replacement cost. The final product
would include full detailed site analyses, full conceptual designs, detailed cost estimates and
strategic plans relating to natural disasters. Such a study would be a valuable component to
the City's Integrated Infrastructure Management Program (IIMP) in that it will provide
advancement of the program without using local revenues.
Thus far, only the cities of Norwalk, Arcadia, Sierra Madre, Santa Monica and Huntington
Beach with the help of the Ferguson Group have pursued this grant program. The Norwalk
study is now complete. The Arcadia and Sierra Madre studies are under way and now fully
funded and moving into phase II. In the spring of 1996, the City of Huntington Beach applied
for a grant of $900,000 for our study. At the eleventh hour in the Congressional process, the
Washington, D. C. office of the U.S. Army Corps of Engineers suggested to Congress that all
phase I grants be only $100,000 in the form of a reconnaissance phase for the study.
Congress agreed and Huntington Beach was awarded a phase 1 $100,000 grant.
In February 1997, City Council approved funds to begin advocacy efforts to support a phase
II grant and other infrastructure grants as well as renew our efforts to secure outstanding
FEMA grants for 1995 winter storm damage. With Ferguson's help, the City received a
phase II seismic study grant in the amount of $100,000. As a result of this last effort, we
have made considerable progress on our infrastructure reliability study efforts as well as
several of our major FEMA claims. In particular, damage claims for Blufftop Park and the
Slater storm drain channel are moving closer to being funded. Staff is committed to
0030111.01 -3- 04/01/98 8:59 AM
*QUEST FOR COUNCIL ACAN
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: PW 98-043
aggressively seek any Federal and State funding available. Professional assistance to
obtain this funding is crucial to our effort. Staff believes it is worthwhile to continue federal
representation efforts to secure a phase III infrastructure reliability grant (design and
construction funds) as well as continue to secure FEMA grants for 1995 winter storm
damage.
The Ferguson Group, the City's consulting advocacy firm, proposes to provide the following:
1. Complete their efforts on the water infrastructure reliability study.
2. Secure additional authority for design and construction funding of our phase III study.
3. Review the City's Integrated Infrastructure Management Program and identify additional
opportunities to secure federal funding.
4. Pursue authorization and/or funding for transportation projects.
5. Arrange for and host an advocacy trip for Council and staff to Washington, D.C. next
spring. Ferguson will arrange for visits to Senators Feinstein and Boxer,
Representatives such as Congressman Rohrabacher and the Washington, D.C. office
of the U. S. Army Corps of Engineers to deliver and discuss the position statements.
The previous four visits proved to be worthwhile.
6. Continue working with Congressman Rohrabacher and the Corps of Engineers to seek
a Congressionally approved Corps project to restore the City's coastal bluffs.
7. Arrange for any other meetings as may be requested by Council delegation.
8. Continue to pursue a further re -write of the Water Resources Development Act which
would add funding for actual construction projects. Last year, the Southern California
cities involved in these studies combined forces with Ferguson to initiate this pursuit.
Demonstration projects (which could involve actual construction of improvements)
through the Congress will also be pursued.
The Ferguson Group is recommended by staff as a sole source since, apparently no other
consultants have experience with this grant program.
On Wednesday, March 11,- the Settlement Committee met and agreed to recommend that
the City Council waive insurance requirements for Ferguson to provide a professional liability
insurance policy to the City (waiver attached).
The proposed fee of $30,000 is a not to exceed a figure reflecting actual time spent and
costs incurred by Ferguson on the City's behalf.
0030111.01 -4- 04/01/98 8:59 AM
REQUEST FOR COUNCIL ACTIIIN
MEETING DATE: April 20, 1998
Environmental Status:
Not Applicable.
Attachment(s):
LMJ:DAW:gd
DEPARTMENT ID NUMBER: PW 98-043
1. Contract
2. Exhibit A - Proposed Letter of Agreement
3. FIS
4. Insurance Waiver
0030111.01 -5- 04/01/98 8:59 AM
r:
L�
ATTACHMENT 1
0019517.01
Y
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY
OF HUNTINGTON BEACH AND THE FERGUSON GROUP TO PROVIDE
FEDERAL REPRESENTATION SERVICES
THIS AGREEMENT is made and entered into on this day.of
1998, by and between the CITY OF HUNTINGTON BEACH, a
Municipal Corporation of the State of California, hereinafter referred to as "CITY,". and THE
FERGUSON GROUP, a limited liability corporation, hereinafter referred to as"'CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for federal
representation services in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been
complied with; and.
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposal dated January 27, 1998 (hereinafter referred to as
Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference.
Said services shall sometimes hereinafter be referred to as "PROJECT." .
CONSULTANT hereby designates Thane A. Young who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff -coordinator to work directly with CONSULTANT in the
performance of this Agreement.
1
g: agree xonaul-we/3 / 19/98
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the 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 two (2) years from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit
the PROJECT if mutually agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee not to exceed Thirty Thousand Dollars ($30,000).
5. PRIORITIES
In the event there are any conflicts or inconsistency between this Agreement,
the CITY's RFP, or the CONSULTANT's proposal, the following order of precedence shall
govern: 1) Agreement, 2) the CONSULTANT's proposal, and 3) the CITY's RFP.
6. 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 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.
7 METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A".
2
g:agreexonsul—wc/3/19/98
B. Delivery of work.product: A_copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the 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. Any such product which has
not been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the 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 the
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 the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
3
g:agree:consu1—wc/3/ 19/98
• 0
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the 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.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
documents, shall be turned. over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated,
said materials may be used by CITY in the completion of PROJECT or as,it otherwise sees fit.
Title to said materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees and agents from and against any and all liability, loss, damage,
expenses, costs (including reimbursement of attorneys' costs and fees of litigation of every
nature) arising out of or in connection with CONSULTANT's performance of its services under
this Agreement, or its failure to comply with any of its obligations contained in this Agreement,
except such loss or damage which was caused by the sole negligence or willful misconduct of
the CITY.
4
g:agree:consul—wc/3/19/98
•
10. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
11. 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 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.
12. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
13. 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.
14. 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
Govemment Code.
5
g: agree xonsul—wc/3 / 19/98
15. NOTICES
Any notice or special instructions required to be given in writing under. this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY: TO CONSULTANT:
Director of Public Works Thane A. Young, Vice President
City of Huntington Beach The Ferguson Group
2000 Main Street 1130 Connecticut Avenue, N.W. Ste.. 300
Huntington Beach, CA 92647 Washington, DC 20036
16. 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.
17. 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. -
18. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
6
g:agree:conau1--wc/3/ 19/98
19. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
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.
THE FEROU
By:
ITS: (circle
By:
►GROUP CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
na e
airma residentlVice President Mayor
print name
ITS:(circle one) Secreta hief Financia`
Office Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
&-",? .' -C'L4
Citygdministrator
U
ATTEST:
City Clerk
APPROVED AS TO FORM- .
741
C� A=6y
D ANC AP�P COVED:
Director of Public Works
g:agree:consul—wc/3/19/98
7
ATTACHMENT 2
0019517.01
i i►
EXHIBIT A
0019517.01
"DiE FERGUSON GROUP, LLC
1130 Connecticut Avenue, N.W. ♦ Suite 300 ♦ Washington, DC ♦ 20036
1. Ph. (202) 331-8500 ♦ Fax (202) 331-1598
January 27, 1998
.Mr. Bob Eichblatt
City Engineer
City of Huntington Beach
2000 Main Street
Huntington -$each, California 92648
Dear Mr. Eichblatt:
The Ferguson Group is pleased to present this proposal to renew the agreement for federal
representation services. The Ferguson Group welcomes the. opportunity to continue working
with the City's public works department on public infrastructure needs. The Ferguson Group has
helped secure federal appropriations of $200,000 for an Army Corps of Engineers study of
infrastructure improvements.
In the coming months, we will seek additional funding to complete this study and additional
authority for the Corps to assist with construction of infrastructure improvements identified by the
study. Additionally, The Ferguson Group will seek funding for other infrastructure improvements
in the. City.
Scone of Services
Attached is a proposed scope of work. The four major proposed tasks are:
Task I. Complete the water infrastructure reliability study.
Task II. Secure additional authority in WRDA for design and construction funding.
Task III. Review the Integrated Infrastructure Management Program and identify
additional opportunities to secure federal assistance.
Task IV. Pursue authorization and/or funding for transportation projects.
The Ferguson Group Team
The principals available to assist the City will be William Ferguson, Jr., Chairman; Roger Gwinn,
President; Thane Young, Vice President; Kelly Tennis, associate; and Ralph H. Webb. William
Ferguson and Roger Gwinn are located in the Washington, DC office. Thane Young and Kelly
915 L Street ♦ Suite 1000 ♦ Sacramento, CA ♦ 95814 ♦ (916) 443-8500 4 Fax (916) 443=8545
Tennis are in the Sacramento office. Ralph H. Webb of Webb Public Management Services, is
permanently located in southern California and will be available to participate in important City
meetings relating to the proposed services. The team will work closely with the City, maintaining
regular communications with City leaders and staff, to develop and implement the strategy
necessary for success.
L%0J-"!IqWNO•
We propose a continuation of the terms under which we have worked for the City in the past.
Specifically, The Ferguson Group will be compensated for services rendered at the hourly rate of
$210 for principals, $120 for senior associates, and $90 for associates. Expenses, such as long
distance telephone calls, document production, business meals, transportation, and travel
approved by the City shall be borne by the City.
Total compensation under this agreement shall not exceed $30,000.
We greatly appreciate the opportunity to work with you to further your objectives with the
federal government. Last year the City provided a contract for this work, and we assume that the
City will provide us a copy of a revised contract to be executed. Please let us know if we should
make other arrangements.
Again, thank you for this opportunity to work with the City of Huntington Beach. We look
forward to a successful year ahead.
Sincerely,
Thane A. Young.
Vice President
Enclosure
,a
Scope of Work
Public Works, City of Huntington Beach
This scope of work covers four primary objectives, all of which are intended to secure federal
assistance for City public infrastructure improvements. After each objective, specific tasks are
outlined which The Ferguson Group will coordinate with Public Works Department staff.
I. Complete the water infrastructure reliability study. Congress has provided $200,000. The
reconnaissance phase requires an additional $700,000.
► Keep Congressional delegation staff and California Water Commission advised of
study progress.
► Seek additional appropriations in fiscal year 1999: Work with Congressional
delegation, Senate and House Appropriations Committees, Corps of Engineers,
and OMB.
► Plan lobbying trip of city staff and elected officials to meet with appropriate
officials in Washington, DC and the Corps offices in Los Angeles and San
Francisco, as necessary. Arrange for testimony before the California Water
Commission.
► Arrange for correspondence and telephone calls, when needed, to expedite
completion of the study.
► Coordinate with other study grant recipients, as appropriate, to ensure continued
progress.
II. Secure additional authority in Water Resources Development Act (WRDA) for design and
construction funding. The funding limit for this program must be increased and
construction assistance must be authorized as WRDA is amended this year.
► Work with Corps in Los Angeles District office, San Francisco, and in Washington
to garner support for increased funding and construction assistance.
► Work with Senate Environment and Public Works Committee, House
Transportation and Infrastructure Committee, and the Congressional delegation to
secure amendments to WRDA.
► Broaden support for this program by working with Corps, the Federal Emergency
Management Agency, and OMB.
► Coordinate lobbying strategy with other study grant recipients (Sierra
Madre/Arcadia, Norwalk, Santa Monica, and 29 Palms Water District).
► Secure support of California Water Commission.
► Investigate additional opportunities to secure federal assistance.
III. Review Integrated Infrastructure Management Program (IEMP) and identify additional
opportunities to secure federal assistance for other public infrastructure improvements.
► Review the IMP Executive Summary and prepare a report outlining additional
sources of federal assistance to meet the objectives identified in the IMP.
IV. Pursue authorization and/or funding for transportation Projects.
► Secure funding for Bluffiop Park erosion and bike trail rehabilitation..
► Secure funding for fiber optic cable along Gothard, with potential addition of
Hoover and Gothard connection to improve emergency response and congestion
management.
�• crry C
e INTER '
HUNTINGTON BEACH
FROM: GALL HUTTOI\
�
DATE:
SUBJECT: Contract Signatl �
RLS No.
I have initiated the above -referenced contract to show conditional approval as to form, pending execution with'
the signatures binding the contractor.
1. If the contractor is a corporation (or a limited liability company (Cal. Corp. Code § 17154) (includes
any nonprofit corporation), two (2) officers of the corporation (on the Board of Directors) must sign the
contract. (Corp. Code § 313.) One officer from column A and one officer from column B must sign.
A.
Chairman of the Board
President
Any Vice President
B.
Secretary
Any Assistant Secretary
Chief Financial Officer
Any Assistant Treasurer
If the corporation cannot provide the above signatures, it may have one officer sign only if an
authorizing resolution from the Board of Directors is also provided.
2. If the contractor is a general partnership, the signature of any general partner is sufficient to bind the
corporation, unless the City knows that a particular partner has no authority to act for the partnership.
(Corp. Code § 15009 and § 15010.)
3. If the contractor is a limited partnership, the signature of the general or managing partner is sufficient
to bid the -partnership. (Corp. Code § 15509.)
4. If the contractor is a sole proprietorship, the signature of the owner is sufficient to bind the business.
5. If the contractor is a trust, the trustee may sign and a copy of the trust document evidencing authority to
sell must be attached.
Please be sure to have the appropriate name and title typed on the contract in the designated area of the
signature page before returning the document to the City Attorney for signature.
GAIL HUTTON
City Attorney
4/sA-98Memos:contsigs
•
E
ATTACHMENT 3
0019517.01
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, Acting City Administrator
i�
From: Robert J. Franz, Deputy City Administrator
6
Subject: FIS 98-35 Continue Federal Representation Services for
Seismic Reliability Study Application and FEMA Claims
Date: March 30, 1998
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared to "Continue Federal Representation Services for Seismic
Reliability Study Application and FEMA Claims."
If the City Council approves this action (total appropriation $30,000)
the estimated unappropriated, undesignated Sewer Fund Balance at
September 1998 will be reduced to $698,000.
�n A
Robert 3 Franz,
Deputy City Adm
•
0
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
•
•
•
1. Name/Title/Department of Requesting Staff Member Daryl Smith, Acting Director of Public Works
2. Date of Request 3/6/98
3. Name of Contractor/Permittee The Ferguson Group
4. Description of work to be performed Federal Representation ( Lobbying)
Consulting services
5. Length of Contract One year
6. Type of Insurance Waiver or Modification Requested: Waive .Professional
Liability Insurance
(a) Limits: 0 (b) Coverage 0
7. Reason for Request for Waiver or Reduction of Limits Minimum to no risk to City
as a result of their contract services
Identify the risks to the City if this request for waiver or modifications granted None that
we are aware of.
Department Head Signature.
(Thu section to be completed by the Risk Manager)
Recommendation:
Approve Deny Risk Manager's Signature/Date �///
(This section to be completed by the City Attorney)
Recommendation:
Approve `� Deny City Attorney's Signature/Date
Settlement Committee approN [is] [is not] required for this waiver. If Settlement Committee appro 1 is required,
submit form to City Attorneys ice to be placed on the agenda. Recommendation: Approve K Deny
City Council ap oay
is not] required for this waiver. If City Council approval is required, attach this form to the
RCA after conside the Settlement Committee. This insurance waiver [is] [is not] on City Council agenda.
jmp/k/resoution(nsreq/9/11197
7
RCA ROUTING SHEET-,w�"
INITIATING
Public Works
DEPARTMENT:
SUBJECT:
Continue Federal Representation Services for Seismic
Reliability Study Application and FEMA Claims
COUNCIL MEETING DATE:
April 20, 1998
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)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
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
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:
TO: ME eC24.[S.QW QeO&I-- ATTENTION: N� �'
FF.. �oUr1r/6
Name ,
%136 ah22P@T/GN UT Are. ii, 6.A A900 DEPARTMENT: VIM PiQ.fsrSideNl_
'Zs 16 66 ray/ - sbd. ,Zoo3 REGARDING: &XeeAX'/7J"_-Aeao e fg ,P iPIr-S 7 /4
City, State, Zip '
oS lrr _es �SE,csm��► ��'L�f� ��1� t��o�
FErn� �in�s
See Attached Action Agenda Item �"c� Date of Approval
I. . Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway j
City Clerk
Attachments: Action Agenda Page
Agreement
RCA
CC: �f�ie-y� �7rlirr�
A0W
N
Department
Name
Department
Name
Name
✓ Bonds Insurance
Deed Other
iqC?rorV
/96e�oR
R A / Agre7t Insurance 0 er
RCA Agreement Insurance Other
Department RCA
Departure t RCA
Risment Dept.
Agreement Insurance Other
Agreement Insurance Other
Insurance
Received -by Name - Company Name Date
G:Followup/coverltr
1 Telephone: 714-636-5227 i
CITY OF HUNTINGTON BEAC l
MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 97-014
Council/Agency Meeting Held: .2449
Deferred/Continued to:
Ulkpproved . ❑_Cogq#ionally Approved ❑ Denied City Clerk's S nature
Council Meeting Date: February 18, 1997
Department ID Number: PW 97-014
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
Cn
SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
PREPARED BY: Les M. Jones II, Director of Public Works
SUBJECT: Approve Seismic Reliability Study Application -- a ral
Representation Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
C
s� n,M
Statement of Issue: In 1996, the City was successful in receiving a federal grant for phase
of a study regarding seismic reliability of our infrastructure. It is now time to begin
advocacy efforts to support a phase II grant and other infrastructure grants as well as renew
our efforts to secure FEMA grants for 1995 winter storm damage. Staff is committed to
aggressively seek any Federal and State funding available. Professional assistance to
obtain this funding is crucial.
Funding Source: Funds have been budgeted for this effort in the Drainage Fund and the
Sewer Fund as well.
Recommended Action:
1. Authorize the Mayor to execute an agreement with the Ferguson Group, LLC, in the
amount of $30,000 in payment for providing federal representation services relating- to
pursuit of federal grants.
2. Approve the following amendments to the City's insurance requirements:
a. Waive Professional Liability Insurance.
b. Waive Mandatory 30-day Notice.
c. Temporary waiver of a separate endorsement pending its receipt within 30 days. I I
0023311.01 -2- 02/07/97 2:55 P M
REQUEST FOR ACTION
MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 97-014
Alternative Action(s):
1. Discontinue the pursuit of the federal grants.
2. Direct staff to -perform the required tasks. It should be noted that City staff has much
less experience with such efforts.
Analysis:
In the fall of 1995, City staff was informed of a little known grant program which is included
within the Water Resources Development Act. Last spring, the City hired the Ferguson
Group to help the City pursue this program. Ferguson has helped several Southern
California cities in such efforts. The program allows for a maximum annual allocation of $1.5
million for Southern California cities to study the seismic reliability of their water resources
related infrastructure. Such infrastructure would include water reservoirs, pumping facilities
and conduits; flood control pumping facilities, structures, channels and conduits; and sewer
lift station pumping facilities and conduits. Emphasis of the studies would be on health and
safety issues. Such a study or assessment would cover, not only seismic integrity, but also
design life, capacity and replacement cost. The final product would include full detailed site
analyses, full conceptual designs, detailed cost estimates and strategic plans relating to
natural disasters. Such a study would be a valuable component to the City's Integrated
Infrastructure Management Program (IIMP) in that it will provide advancement of the
program without using local revenues.
Thus far; only the cities of Norwalk, Arcadia, Sierra Madre, Santa Monica and Huntington
Beach with the help of the Ferguson Group have pursued this grant program. The Norwalk
study is now complete. The Arcadia and Sierra Madre studies are under way and now fully
funded and moving into phase II. Last spring, the City of Huntington Beach applied for a
grant of $900,000 for our study. At the eleventh hour in the Congressional process, the
Washington, D. C. office of. the U.S. Army Corps of Engineers suggested to Congress that
all phase I grants be only $100,000 in the form of. a reconnaissance phase for the study.
Congress agreed and Huntington Beach and Santa Monica were awarded phase 1 $100,000
grants.
Staff has begun discussions with representatives of the Los Angeles District of the U.S.
Army Corps of Engineers to kick-off the phase I study. The Corps will hire a consultant to
conduct the study; however, the City will prepare the scope of work. The Corps local office
now has considerable experience with the other cities on preparation of these studies and
has been very cooperative, thus far.
It is now time to initiate efforts to secure the phase II grant. The 1996 re -write of the Water
Resources Development Act increased the allocation for the grant program from $1.5 million
to $3 million. The wording was also amended to add to the word "study", the words
"technical assistance". With the help of Ferguson, we will try to secure a liberal
0023311.01 -3- 02/03/97 3:24 PM
REQUEST FOR ACTION
MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 97-014
interpretation of "technical assistance" to include preparation of actual design drawings.
This will also reduce the City's need to provide local funding in this area.
Ferguson proposes to provide the following:
1. Help staff with the scope of work for phase I.
2. Help staff draft a position paper for the Phase II grant proposal.
3. Assist staff with testimony in Sacramento at the California Water Commission Hearing in
March. Last year, the California Water Commission, at the advice of the San Francisco
office of the U.S. Army Corps of Engineers, voted to not support any of these grants.
Recently, at the advice of the new Corps representative, they have reversed their position,
and now support our grant application. The City should reinforce that support with the
testimony.
4. Arrange for and host an advocacy trip for Council and staff to Washington, D.C. in late
March. Grant applications are due on March 31. Ferguson will arrange for visits to
Senators Feinstein and Boxer, Representatives such as Congressman Rohrabacher and the
Washington, D.C. office of the U. S. Army Corps of Engineers to deliver and discuss the
position statements. These visits, last year, proved to be worthwhile. This year, unlike last
year, there is no "California Day" in Washington, D.C. and, therefore, no testimony of local
officials. Therefore, while this year's trip is not quite as time sensitive, it is even more
necessary to provide a presence and attend those meetings.
5. Arrange for meetings with high-level FEMA officials to again discuss the City's
outstanding claims (approximately $2.6 million) relating to flood damage in February of
1995.
6. Continue working with Congressman Rohrabacher and the Corps of Engineers to seek a
Congressionally approved Corps project to restore the City's coastal bluffs.
7. Arrange for any other meetings as may be requested by Council delegation.
8'. Pursue, with the cooperation of Congressional Legislative Analysts and Washington
Corps officials, a liberal interpretation of the new .term "Technical Assistance" added last
year to the Water Resources Development Act to include preparation of design drawings.
9. Continue to pursue a further re -write of the Water Resources Development Act which
would add funding for actual construction projects. Last year, the Southern California cities
involved in these studies combined forces with Ferguson to initiate this pursuit.
Demonstration projects (which could involve actual construction of improvements) through
the Congress will also be pursued.
0023311.01 -4- 02/03/97 3:24 PM
*QUESFOR COUNCIL ACT
T ON
MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 97-014
The Ferguson Group is recommended by staff as a soul source since, apparently no other
consultants have experience with this grant program.
On Thursday, February 6, the Settlement Committee met and agreed to recommend that the
City Council waive several minor insurance requirements for Ferguson to provide a
professional liability insurance policy to the City.
The proposed fee of $30,000 is a not to exceed a figure reflecting actual time spent and
costs incurred by Ferguson on the City's behalf.
The Council Approved 96/97 City Budget identifies funds set aside in the Sewer and
Drainage Funds anticipated specifically for this purpose.
Environmental Status:
Not Applicable.
Attachment(s):
1. Agreement
2. Ferguson Proposal
LMJ: REE:gd
0023311.01 -5- 02/07/97 2:44 PM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM
DATE:Ot�// 11797
T0:'1i t 1'D.�Q✓/✓", ) A""/
Name tl
✓�.1�/fA /Yf 019 / n . ��rs!:�;/.,L.S+� /fi i✓ 7'S .�/`f
City, State, Zip
See Attached Action Agenda Item ,E 11
ATTENTION:
DEPARTMENT: 2 L �1Ja
REGARDING:
� v
Date of Approval 9
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement
RCA Deed
Remarks:
QBonds Insurance
Other
CC: yQ
Q
N Department , /
R�
Agreeme Insurance Other
Name Department
RCA
Agreement Insurance Other
RCA
Agreement Insurance Other
Name Department
Risk Management Department Insurance Copy
&Followup%ag mts'transhr
(Telephone: 714-536-5227 )
•
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND THE FERGUSON
GROUP FOR FEDERAL REPRESENTATION SERVICES
Table of Contents
WorkStatement...................................................................................................1
CityStaff Assistance............................................................................................1
Time of Performance............................................................................................2
Compensation......................................................................................................2
ExtraWork...........................................................................................................2
Methodof Payment..............................................................................................2
Disposition of Plans, Estimates and Other Documents........................................3
Indemnification and Hold Harmless......................................................................4
Workers' Compensation.......................................................................................4
Insurance..............................................................................................................4
Certificates of Insurance......................................................................................4
Independent Contractor.......................................................................................4
Termination of Agreement...................................................................................4
Assignment and Subcontracting..........................................................................5
Copyrights/Patents..............................................................................................5
City Employees and Officials...............................................................................5
Notices................................................................................................................7
Immigration..........................................................................................................6
Legal Services Subcontracting Prohibited...........................................................6
AttorneyFees......................................................................................................7
Entirety................................................................................................................9
3/k/PCD/Ferguson/3/7/97
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND THE FERGUSON
GROUP FOR FEDERAL REPRESENTATION SERVICES
THIS AGREEMENT, made and entered into this is day of
1997, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and
THE FERGUSON GROUP, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant regarding federal
assistance for public infrastructure needs in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been
complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposal dated January 13, 1997, (hereinafter referred to as
Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference.
Said services shall sometimes hereinafter be referred to as "PROJECT."
CONSULTANT hereby designates Thane A. Young, who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this
Agreement.
-2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3/k/PCD/Ferguson/3/7/97
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement shall be
completed in a reasonable and timely manner. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work
Program/Project Schedule. This schedule may be amended to benefit the PROJECT if
mutually agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee 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
work 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
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A".
B. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the 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. Any such product which has
not been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2
3/k/PCD/Ferguson/3/7/97
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in accordance with the
provisions of this Agreement; and
completed.
5) For all payments include an estimate of the percentage of work
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 the CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to the 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.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
3
3/k/PCD/Ferguson/3/7/97
documents, shall be turned over to CITY upon termination of this Agreement or upon
PROJECT completion, whichever shall occur first. In the event this Agreement is terminated,
said materials may be used by CITY in the completion of PROJECT.or as it otherwise sees fit.
Title to said materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
8. INDEMNIFICATION AND HOLD HARMLESS
CONSULTANT hereby agrees to indemnify, defend, and hold and save
harmless CITY, its officers and employees from any and all liability, including any claim of
liability and any and all losses or costs arising out of the negligent performance of this
Agreement by CONSULTANT, its officers or employees.
9. WORKERS COMPENSATION Wj
.Requirement waived by City Council on 2/18/97.
10. INSURANCE V
Requirement waived i ity Council on 2/18/97.
11. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Requirement waived by City Council on 2/18/97.
12. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its 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
services to be performed hereunder.
13. 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
4
3&TCD/Ferguson/3/7/97
cause, and whether or not 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.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
15. 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.
16 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
Govemment Code.
17. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY: TO CONSULTANT:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Thane A. Young, Vice President
The Ferguson Group
915 L Street, Suite 1250
Sacramento, CA 95814
5
3/k/PCD/Fcrguson/3/7/97
0 0
18. 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.
19. 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.
20. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
6
3/WPCD/Ferguson/3/7/97
•
•
cause, and whether or not 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.
14. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work
hereunder shall not be delegated by CONSULTANT to any other person or entity without the
consent of CITY.
15. 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.
16. 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 Califomia
Govemment Code.
'17. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Thane A. Young, Vice President
The Ferguson Group
915 L Street, Suite 1250
Sacramento, CA 95814
3/k/PCD/ apsor✓1/17/97
7
18. 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.
19. 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.
- 20. ATTORNEYS FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
8
3/ MD/Ferpso ✓1/17/97
0 •
21. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
.'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.
THE FERGUSON GROUP
By:
p int niAe
ITS: (circle one) Chairman/Presiden ice Preside
AN
By. ✓
print nWne
IT circle one) Secretary/ hief Financial
Officer/ sst. Secretary - Treasurer
REVIEW ND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Xt*4
Mayor
ATTEST: -
City Clerk
APPROVED AS TO FORM:/
/-/,7-�7City Attorney
rV
INITIATED AND APP OVED:
Director of P W Works
E
3/k/PCD/Ferguson/1/17/97
• E X H I B I T A •
CIE RRGUSON GROUP, LLc
1130 Connecticut Ave, NW Suite 300 ♦ Washington, DC ♦ 20036
Ph. (202) 331-8500 ♦ Fax (202) 331-1598
January 13, 1997
Mr. Bob Eichblatt
City Engineer
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Dear Mr. Eichblatt:
The Ferguson Group is pleased to present this proposed letter of agreement for federal
representation services. The Ferguson Group welcomes the opportunity to advise the City and
represent the City's interests in Washington regarding federal assistance for public infrastructure
needs. The Ferguson Group helped secure a fiscal year 1997 federal appropriation of $100,000
for the first phase of an Army Corps of Engineers study of infrastructure improvements.
The Ferguson Group offers the City proven experience and a record of accomplishment in the
federal arena. For 16 years, The Ferguson Group has handled infrastructure legislation and
policies on behalf of city governments, joint powers authorities, private companies, trade
associations, and coalitions.
We specialize in representing the interests of California communities and organizations. We are
currently retained by 14 individual local governments throughout the state. The Ferguson Group
is the Washington representative for four separate consortia composed of more than 30 southern
California cities and government agencies. Like Huntington Beach, these cities want to meet the
challenge of developing a public infrastructure that provides for economic improvement, safety,
and environmental quality.
Scope of Services
Attached is a proposed scope of work. The four major proposed tasks are:
Task I. Complete Phase 1 of the water infrastructure reliability study.
Task II. Secure funding for Phase 2 of the study.
Task III. Clarify definition of "technical assistance" and secure additional authority to
design and construct water infrastructure improvements.
915 L Street ♦ Suite 1250 ♦ Sacramento, CA ♦ 95814 ♦ (916) 443-8500 ♦ Fax (916) 443-8545
exlul -X
0
Task IV. Review Integrated Infrastructure Management Program (IRVIP) and identify
additional opportunities to secure federal assistance for other public infrastructure
improvements.
The Ferguson Group Team
The principals available to assist the City will be William Ferguson, Jr., Chairman; Roger Gwinn,
President; Thane Young, Vice President, and Ralph H. Webb. William Ferguson and Roger
Gwinn are located in the Washington, DC office. Thane Young heads the Sacramento office.
Ralph H. Webb of Webb Public Management Services, is permanently located in southern
California and will be available to participate in important City meetings relating to the proposed
services. The team will work closely with the City, maintaining regular communications with City
leaders and staff, to develop and implement the strategy necessary for success.
Comp n� sation
We propose a continuation of the terms under which we have worked for the City in the past.
Specifically, The Ferguson Group will be compensated for services rendered at the hourly rate of
$210 for principals, $120 for senior associates, and $90 for associates. Expenses, such as long
distance telephone calls, document production, business meals, transportation, and travel
approved by the City shall be borne by the City.
Total compensation under this agreement shall not exceed $30,000.
We greatly appreciate the opportunity to work with you to further your objectives with the
federal government. If the terms of this letter of agreement are acceptable, please sign and return
one copy for our files at your earliest convenience.
Sincerely, AGREED
Thane A. Young City of Huntington Beach
Vice President
The Ferguson Group
Enclosure
Scope of Work
Public Works, City of Huntington Beach
This scope of work covers four primary objectives, all of which are intended to secure federal
assistance for City public infrastructure improvements. After each objective, specific tasks are
outlined which The Ferguson Group will coordinate with Public Works Department staff.
I. Complete Phase 1 of the water infrastructure reliability studv. Congress has provided
$100,000 in fiscal year 1997 (October 1, 1996 - September 30, 1997).
► Meet with U.S. Army Corps of Engineers staff to define scope and schedule for
the study.
► Keep Congressional delegation staff and California Water Commission advised of
study progress.
10. Arrange for correspondence and telephone calls, when needed, to expedite
completion of the study.
► Coordinate with other study grant recipients, as appropriate, to ensure continued
progress.
II. Secure funding for Phase 2 of the study (feasibility). New Corps of Engineers rules last
year limited the amount of funding available for the first year of a study.
b. Determine funding and scope of Phase 2 to complete study.
► Meet with Corps of Engineers to draft appropriations request for FY 1998 to
complete the study.
► Meet with Congressional delegation and House and Senate Appropriations
Committee staff to describe request and solicit support.
► Meet with California Water Commission staff to solicit support.
► Arrange for correspondence and other communications requesting support.
► Prepare and, if necessary, deliver statement before the California Water
Commission.
► Arrange for City Council and staff lobbying trip to Washington to meet with
appropriate Congressional and Corps of Engineer offices.
► Follow-up to ensure that funding for the study is included in House, Senate, and
Conference Committee reports for FY 1998.
III. Clarify definition of "technical assistance" and secure additional authority to design and
construct water infrastructure improvements. The Water Resources Development Act of
1996 authorized federal funding for technical assistance which can be interpreted as
design assistance. This assistance will be important as the City moves to construct the
improvements identified in the study.
► Meet with Corps in Los Angeles District office and in Washington to clarify
"technical assistance."
► Coordinate follow-up correspondence and contacts from appropriate
Congressional offices, as necessary, to ensure that "technical assistance" can be
provided to Huntington Beach.
► Coordinate with other study grant recipients to clarify "technical assistance" and
seek additional authority for construction.
Secure support of California Water Commission.
Investigate additional opportunities to secure federal assistance.
IV. Review Integrated Infrastructure Management Pro am II1V>P) and identify additional
opportunities to secure federal assistance for other public infrastructure improvements.
Review the IIW Executive Summary and prepare a report outlining additional
sources of federal assistance to meet the objectives identified in the IIMP.
RCitY of Huntin ton ch
P. O. Box 190 - 2000 Main Street
Huntington Beach, California 92648
.i
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