HomeMy WebLinkAboutFERGUSON GROUP - 2001-10-15Council/Agency Meeting Held: 9- r., - o'r, R F 0,� `
i' E t, a
Deferred/Continued to: 2026 S P _7
' 11 :
Approved ❑ Conditionally Approved ❑ Denied
A,0stLCity Clerk's Signatu
Council Meeting Date: Sept. 18, 26ffil
epar ent ID Number: AD 06-27
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: Councilwoman Jill Hardy, Chair on behalf of Intergovernmental Relations
Committee Members, Mayor Pro Tern Gil Coerper, & Councilman Don Hansen
PREPARED BY: Patricia Dapkus, Department Analyst Senior 1(
SUBJECT: Authorize Execution of a One -Year Extension to the Contract with the
Ferguson Group to Assist the City in Acquisition of Federal Funding and
Related Legislative Issues
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Approval of Amendment #4 to the contract with the Ferguson Group for
professional services related to the acquisition of Federal funds for priority projects within the City and
related legislative issues.
Funding Source: Funds for the Contract have been budgeted in the 2006-07 fiscal year budget in
the General Fund under Administration's Account #10030201.69365. The total cost for this contract
as amended is not to exceed $90,000.
Recommended Action:
MOTION:
1 Approve waiving Municipal Code 3.03.120, prohibiting the extension of an agreement
beyond three years;
2 Approve extending the contract with the Ferguson group; and
3 Authorize the Mayor and City Clerk to execute amendmeni;6 o the contract between
the City and the Ferguson Group.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
5-3
REQUEST FOR COUNCIL ACTION
MEETING DATE: Sept. 18, 2006 DEPARTMENT ID NUMBER: AD 06-27
Analysis:
The Ferguson Group has played a significant role in the City's outside funding efforts at the federal
level during the past five years. They were instrumental in securing funding in Federal legislation for
the following items:
■ $900, 000 in the FY 2002 VA -HUD Appropriation Bill for design & upgrade of a sewer pump
station (2001)
■ $400,000 in the Water Appropriations Bill for an Army Corp feasibility study to stabilize erosion
along the coast at Blufftop Park
■ $100,000 in the Energy & Water Appropriations Bill for improvement of flood control facilities
■ $900,000 for the Alabama Storm Drain (2002)
■ $100,000 for an Army Corp reconnaissance study for dredging of Huntington Harbour
■ $900,000 for completing of the Alabama Storm Drains. (2003)
■ $500,000 for the 17th Street Storm Drain Upgrades (2004)
■ $300,000 for the Wintersberg Project (2004)
■ $100,000 for the Senior Center (2005)
This vear Ferauson is workina to secure tundina on the tollowina prolectS:
PROJECT
DESCRIPTION
REQUEST
FEDERAL SOURCE
HISTORY
Water
Planning, design and
$2 million
Interior & Environment
V.,
Infrastructure
construction assistance
Approps (EPA -STAG)
Improvements
Senior Center
Planning and design
$1.5 million
TTHUD Approps (HUD-
$100,000 in
assistance
EDI)
FY06 HUD
Fire Stations
Rebuild of one station and
$7.6 million
TBD
Relocation of one station
Edinger
Roadway and streetscape
$800,000
TTHUD Approps (DOT -
Corridor
improvements
TCSP
Community
Equipment and training
$150,000
Homeland Security
Emergency
Approps (State and
e;.'`
Response
Local Govt Programs)
;...'.
Team CERT
Art Center
To assist with the hiring of an
$50,000
LHHS-Educ. Approps.
arts educator to advance
(Educ-FIE)
educational progams at the
Huntinaton Beach Art Center
6
Authorization Request
Environmental
To make needed
Amend existing
WRDA / Environmental
$20..M, µ `
Infrastructure
improvements to City's water
authorization in
Infrastructure Program
authorizat�11ion
Program
infrastructure
the Water
(Section 219)
in House , >:
Resources
passed
Development
WRDA 2005' 1
Act (WRDA) of
2000 to include
"construction"
�2864)
to the
m mx
maximum
amount
available under`
the Section 219
program
Ferguson Contract RCA - Sept. 2006.doc -2- September 5, 2006 3:14 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: Sept. 18, 2006 DEPARTMENT ID NUMBER: AD 06-27
During the time they have worked for the City, the Ferguson Group has developed an excellent
working relationship with our Congressman's office. They have proven their ability to gain access
to the legislators' staff and key staff in relevant agencies. They have repeatedly shown an ability to
identify and seek funding for the City. They have also worked at maintaining an interactive
relationship with City staff and the Intergovernmental Relations Committee. Last year, Ferguson
received a five percent increase. This year they are requesting a six percent increase.
The Intergovernmental Relations Committee is recommending that the City Council waive the
requirement that we go out to bid on this contract and extend the contract with the Ferguson Group
for one year with a six percent increase.
Environmental Status: N/A
Attachment(s):
1.I Amendment #4 to the Ferguson Group contract
2. Insurance Waiver
3.1 A copy of the original Ferguson Group contract
Ferguson Contract RCA - Sept. 2006.doc -3- September 5, 2006 3:14 PM
AMENDMENT NO. 4 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND FERGUSON GROUP, LLC.
THIS AMENDMENT No. 4 is made by and between the CITY OF HUNTINGTON
BEACH, a California municipal corporation, hereinafter referred to as "City," and FERGUSON
GROUP, LLC, a District of Columbia limited liability company, hereinafter referred to as
"Consultant."
WHEREAS, City and Consultant are parties to that certain agreement dated October 30,
2001, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC., TO ASSIST THE CITY IN
ITS INTERGOVERNMENTAL AFFAIRS PROGRAM," which agreement shall hereinafter be
referred to as the "Original Agreement," and
City and Consultant wish to amend the Original Agreement,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. TIME OF PERFORMANCE
Paragraph 3 TIME OF PERFORMANCE of the Original Agreement is hereby
amended to provide for an additional period of one year. The Original Agreement shall now
terminate on September 30, 2007, unless further extended by mutual written agreement of the
parties, or sooner terminated as provided in the Original Agreement
2. COMPENSATION
Paragraph 4 COMPENSATION shall be amended to read as follows:
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Seven Thousand Seventy Nine Dollars ($7,079.00) per
month plus out-of-pocket expenses not to exceed Four Thousand Seven Hundred Twenty Dollars
06-5/3771 1
($4,720.00) per each year of the Agreement. The total compensation, including out-of-pocket
expenses to be paid to CONSULTANT under this Amendment No. 4 shall not exceed Ninety
Thousand Dollars ($90,000.00).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on _,1&4 G�1 /d'"� 2006.
CONSULTANT
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
GCry
Mayor
40.) '55p)
City Clerk
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.APP AS TO FORM:
Secretary - Treasurer
Ci Attorney
REVIEWED AND APPROVED:
y Administrator
06-5/3771 2
m
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC7O ASSIST THE CITY TNITS
INTERGOVERNMENTAL AFFATBS'PROGRA&
Table mfContents
lScope mfServices ................................ ..................................................................... l
2 Designated Contacts .............................................. .................................................. j
3 Time of Performance -_-----.---.--.--_---^--..----.-------./4
4 Compensation
--.----_—.—~---.---.------~...------.-----'4
/4 5 Extra \��ork-.----------_-______.______._____.________.
4
6 Method of .-------_—____~_______.._._._______._.
7 Disposition ofPlans, Estimates and Other Documents ............................................6
0 Hold Harmless ---.-------.—_.—____...______._______,__.___.6
9 Independent Contractor ............................................................................................ /
10 Termination_.____,_,..--.---------_---.---.--_.---...--.—.-.7
ll Assignment and -..-__--.-----_-----.-..--.--.----.-7
12
7
------------------'---------'—''----'--''
13 City Employees and Officials -------.--.----.—.-----.—'..—.--.-0
14 Notices .-----.—.—.'------..—_,—__.______ ____._______._8
` 15 8
---'-------'------'--''---^—'----'''—'-------'
16 Section '''`'~~''--''''-^'—`—''—'-'--'-'--'''-'---~'---. g
17 Interpretation of this Agreement ---.--..-.—.-----.--..-_--------_--9
10 Duplicate Original —'---'---------'-------------'------'—~—''9
19
Immigration lO
2O ---'----------------------------'---~'—'---'' l���u]��rv�ccm Subcontracting Prohibited ............................................................... lU
21 Fees .......................................................................................................... lU
22 Governing Law ---..------.—.-.--.—.--...----.---------.__—.l0
23 Entirety --'.—.---.------------------.-_---------._----..11
ATTACHMENT #21.1
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
Name/Title/Department of Requesting Staff Member Administration
2. Date of Request 08/28/06
Name of Contractor/Permittee- The Ferguson Group
4. Description of work to be performed Lobbyist for City in Washington, D.C.
5. Value of Contract $90,000
6. Length of Contract 1 Year
7. Type of Insurance Waiver or Modification Requested: Waive Insurance Requirement
(a) Limits: (b) Coverage
8. Have you contacted Risk Management to determine if professional liability coverage is available
through SCOPE? No
9. Reason for Request for Waiver or Reduction of Limits Contract does not create a liability
10. Identify the risks to the City if thi e e for waiver or modifications granted None
Department Head Signature
( s ion t co?X�e t e dby Risk Manager)
Recommendation. Approve Deny
Risk Manager's Signature/Date
(This section to be completed by City Attorney)
Recommendation: Approvey Deny
City Attorney's Signature/Date
Settlement Committee approval (is] [is not] required for this waiver. If Settlement Committee approval is
required, submit this form to City Attorney's Office to be -placed on the agenda.
Recommendation: Approve Deny
City. Council approval (is] [is not] required for this waiver. If City Council approval is required, attach this
form to the RCA after consideration by the Settlement Committee. This insurance waiver [is not] on City
Council agenda.
Reviewer's initials:
�_N \
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this day of
2001, 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, LLC, a District
of Columbia limited liability company, hereinafter referred to as, "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
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01 agree/Ferguson Group/jmf/j n/10/8/01
C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to the Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs, (2) meeting with CITY staff to discuss specific grant applications and
(3) obtaining copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY staff to develop CITY's goals and objectives,
a Federal agenda and an action plan for achieving priorities that most effectively
and appropriately meets CITY's legislative needs, but also incorporates
expectations for legislative and regulatory opportunities in Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
M. . Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
Page 2 of 11
0 1 agree/Ferguson Group/jmf/jn/10/8/01
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
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01agree/Ferguson Group/jmf/jn/10/8/01
3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT's services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner terminated as provided.for
herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty -Two Thousand Dollars ($152,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
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0 1 agree/Ferguson Group/jmf/jn/10/8/01
4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement.
5) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied .
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
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7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
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01agree/Ferguson Group/jmf/jn/10/8/01
9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the
express prior written consent of CITY.
12. 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.
Page 7 of 11
01 agree/Ferguson Group/jmf/jn/10/8/01
13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
16. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
Page 8of11
01agree/Ferguson Group/jmf/jn/10/8/01
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
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Olagree/Ferguson Group/jmf/jn/10/8/01
19. 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.
20. 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.
21. ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event suit is
brought by either party to construe, interpret and/or enforce the terms and/or provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day,.month and year first above written'. '
THE FERGUSON GROUP, LLC,
a District of Columbia limited liability
company
print niiWe
ITS: (circle one) Chairman/President/Vice
President C &Q
AND
By:
I)ae S. /Z.', e lqS CFy
print name
ITS: (circle one) Secretary/Chief Final
Officer/Asst. Secretary— Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney l� 104/0
f �018(0� !oy
INITIAnED AND APPMVfD:
Assistant City Administrator
REVIEWED AND APPROVED:
!�a..._, c,A—..�-r.�
City Adfffinistrator
Page 11 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
RECEIV��
OCT fi Yr n
CITY OF HUNTINGTON BEACH CI1y I
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICAfg0*7N OFFE,gCI
CE
1. Name/Title/Department of Requesting Staff Member Patricia Dapkus
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson. Group
4. Description of work to be performed Lobbyist Representing City in Washington, D.C.
5. Value of Contract $154,000 for,two years
6. Length of Contract_ 2 years
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Nature of work will
in little or no liability risk to the City
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MANAGER
Approve ✓ Deny Signature/Da e
CITY ATTORNEY
Approve y Signature/Date ��� r
Den Si ature/Date_ �� /' / /91 3 / d /
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve G--Deny Signature/Date_ Cpc, , -C
0 1 reso/insreq/9/1 8/01
14
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
Renewal of Contract with the Ferguson"Group
COUNCIL MEETING DATE:
September 18, 2006
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR
R
Administrative Staff
Assistant City Administrator Initial
�.
Administrator (Initial)
-City
-City Clerk
EXPLANATION FOR RETURN OF ITEM:
RCA Author: P. Dapkus
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
October 3, 2006
Ferguson Group. LLC
1130 Connecticut Ave., NW #300
Washington DC 20036
Attn: William Ferguson, Jr.
Dear Mr. Ferguson:
CALIFORNIA 92648
Enclosed is a copy of the fully executed Professional Services Contract
(Amendment No. 4) between the City of Huntington Beach and Ferguson
Group. LLC to Assist the City in its Intergovernmental Affairs Program.
Sincerely,
JF:pe
Enclosure: Agreement
G:foIIowup:agrmtltr
(Telephone: 714-536-5227 )
F
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied y rk's Si6fiature
cm Council Meeting Date: Sept. 19, 2005 Department ID Number: A[F,05-14
SUBMITTED TO:
SUBMITTED BY:
PREPARED BY:
_,c? -
CITY OF HUNTINGTON BEACH — C'-``
REQUEST FOR COUNCIL ACTION
c�
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
JILL HARDY, CHAIR ON BEHALF OF INTERGOVENRMENTAL
RELATIONS COMMITTEE; MEMBERS COERPER AND BOHR
PATRICIA DAPKUS, DEPARTMENT SENIOR ANALYST
SUBJECT: Contract Extension with the Ferguson Group to Assist the City in Acquisition
of Federal Funding and Related Legislative Issues
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis,
Environmental Status, Attachment(s)
Statement of Issue:
The current contract with the Ferguson Group is set to expire on September 30, 2005. A one-year
extension to the contract with the Ferguson Group for professional services related to the acquisition
of Federal funds for priority projects within the City and related legislative issues is recommended.
Funding Source:
Funds are budgeted in the fiscal year 2005-06 budget under Administration Department, Professional
Services Account #10030201.69365. The total cost for this contract amendment is not to exceed
$84,588.
Recommended Action:
Motion to:
1. Approve waiving Municipal Code section 3.03.120, prohibiting the extension of an
agreement beyond three years; and
2. Approve extending the contract with the Ferguson group; and
3. Authorize the Mayor and City Clerk to execute amendment #3 to the contract between the
City and the Ferguson Group.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
zE —
RI)QUEST FOR COUNCIL ACTI94
MEETING DATE: Sept. 19, 2005 DEPARTMENT ID NUMBER: AD 05-14
Analysis:
The Ferguson Group has played a significant role in the City's outside funding efforts at the federal
level during the past five years. The projects they have been instrumental in securing funding for
include:
■ $900, 000 in the FY 2002 VA -HUD Appropriation Bill for design & upgrade of a sewer pump
station (2001)
■ $400,000 in the Water Appropriations Bill for an Army Corp feasibility study to stabilize
erosion along the coast at Blufftop Park (2001)
■ $100,000 in the Energy & Water Appropriations Bill for improvement of flood control facilities
(2001)
■ $900,000 for the Alabama Storm Drain (2002)
■ $100,000 for an Army Corp reconnaissance study for dredging of Huntington Harbour
(2002)
• $900,000 additional funds for the Alabama Strom Drain (2003)
■. $500,000 for the 17th Street Storm Drain Upgrades (2004)
■ $300,000 for the Wintersberg Project (2004)
This year Ferguson is working to secure funding on the following projects:
In addition, the Ferguson Group is seeking a $20 million authorization under the Water Resources
Development Act (WRDA) for Environmental Infrastructure to aid the City in responding to water
quantity and quality issues.
The Ferguson Group has developed an excellent working relationship with our Congressman's
office, the City Council Intergovernmental Relations Committee and City staff. They have proven
their ability to gain access to the legislators' staff and key staff in relevant agencies and repeatedly
shown an ability to identify and secure funding for the City.
RCA Ferguson Sept. 2005 -2- 9/9/2005 3:39 PM
AQUEST FOR COUNCIL ACTICR
MEETING DATE: Sept. 19, 2005 DEPARTMENT ID NUMBER: AD 05-14
Environmental Status: N/A
Attachment(s):
1. 1 Amendment #3 to the Ferguson Group contract
2. A copy of the original Ferguson Group contract
RCA Ferguson Sept. 2005 -3- 9/9/2005 3:39 PM
• 0
• 0
AMENDMENT NO. 3 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND FERGUSON GROUP, LLC
THIS AMENDMENT is made by and between the CITY OF HUNTINGTON BEACH, a
California municipal corporation, hereinafter referred to as "City," and FERGUSON GROUP,
LLC., a District of Columbia limited liability company, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement dated October 30,
2001, entitled "Professional Services Contract Between the City of Huntington Beach and the
Ferguson Group, LLC to Assist the City in its Intergovernmental Affairs Program," which
agreement shall hereinafter be referred to as the "Original Agreement," and
City and Consultant wish to amend the Original Agreement as follows,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
TIME OF PERFORMANCE
Paragraph 3 TIME OF PERFORMANCE of the Original Agreement is hereby
amended for an additional one-year period. The Original Agreement shall now terminate on
September 30, 2006, unless further extended by mutual written agreement of the parties, or
sooner terminated as provided in the Original Agreement.
2. COMPENSATION
Paragraph 4 COMPENSATION is hereby amended to read as follows:
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Six Thousand Six Hundred Seventy
Eight Dollars ($6,678.00) per month plus out-of-pocket expenses not to exceed
Four Thousand Four Hundred Fifty -Two Dollars ($4,452.00) per each year of the
Agreement. The total compensation, including out-of-pocket expenses, to be paid
05agree/amend 3 advocation
to CONSULTANT under this Amended Agreement No. 3 shall not exceed
Eighty -Four Thousand Five Hundred Eighty -Eighty Dollars ($84,588.00).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on s�s�`r�-,�[3�e_ /9 2005.
CONSULT.
ADVOCA7
By: OW— ,�t' k,)
w:11:_.., _ -r..
ITS: (circle one) Chairman/President/Vice President
C.C.o
AND
By: �✓�C,���Ge
print name
ITS: (circle one) Secretary' hie Financial O /Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
1 C' y Administrator
05agree/amend 3 advocation
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
PROVED AS TO FORM:
1
4m�l015 Ci Attorney
INITIATED AND APPROVED:
City Administrator
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
Table of Contents
1 Scope of Services.....................................................................................................1
2 Designated Contacts.................................................................................................3
3
Time of Performance...............................................................................................4
4
Compensation..........................................................................................................4
5
Extra Work...............................................................................................................4
6
Method of Payment..................................................................................................4
7
Disposition of Plans, Estimates and Other Documents...........................................6
8
Hold Harmless.........................................................................................................6
9
Independent Contractor............................................................................................7
10
Termination..............................................................................................................7
11
Assignment and Subcontracting...............................................................................7
12
Copyrights/Patents...................................................................................................7
13
City Employees and Officials..................................................................................8
14
Notices.....................................................................................................................8
15
Modifications...........................................................................................................8
16
Section Headings ........................................ .. .............................9
17
Interpretation of this Agreement..............................................................................9
18
Duplicate Original....................................................................................................9
19
Immigration..............................................................................................................10
20
Legal Services Subcontracting Prohibited...............................................................10
21
Attorney's Fees.........................................................................................................10
22
Governing Law.......................................................................................................10
23
Entirety......................................................................................................................II
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this day of
2001, 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, LLC, a District
of Columbia limited liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
Page 1 of 11
01 agree/Ferguson Group/jmf/j n/ 10/8/01
C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to the Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs, (2) meeting with CITY staff to discuss specific grant applications and
(3) obtaining copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY staff to develop CITY's goals and objectives,
a Federal agenda and an action plan for achieving priorities that most effectively
and appropriately meets CITY's legislative needs, but also incorporates
expectations for legislative and regulatory opportunities in Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined. goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
J. Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
M. Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
Page 2 of 11
0 1 agree/Ferguson Group/jmf/jn/10/8/01
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to .enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
Page 3 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT'S services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner terminated as provided for
herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty -Two Thousand Dollars ($152,00.0.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is, obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
I) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
Page 4 of 11
01 agree/Ferguson Group/jmf/jn/10/8/01
0
9
4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement.
5) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
Page 5 of 11
0 1 agree/Ferguson Group/jmf/jn/10/8/01
•
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
Page 6 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the
express prior written consent of CITY.
12. 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.
Page 7 of 11
0 1 agree/Ferguson Group/jmf/jn/10/8/01
9 0
13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
L
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
16. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
Page 8 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
0 •
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
Page 9 of 11
Olagree/Ferguson Group/jmf/jn/10/8/01
• 0
19. 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.
20. 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.
2 L ATTORNEY' S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event suit is
brought by either party to construe, interpret and/or enforce the terms and/or provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
Page 10 of 11
O1agree/Ferguson Group/jmf/jn/10/8/01
23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day,.month and year first above written.
THE FERGUSON GROUP, LLC,
a District of Columbia limited liability
company ,
print narMe - '
ITS: (circle one) Chairman/President/Vice
President C 80
AND ,
By:
)arve e
print name
ITS: (circle one) Secretary/Chief Finan
Officer/Asst. Secretary — Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
TE O AND AP V D:
INITIA A I A A\ It
Assistant City Administrator
REVIEWED AND APPROVED:
City Adiirinistrator
Page 11 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
s RECEIVED
OCT 16 &0,
J CITY OF HUNTINGTON BEACH C17YOFHUW1NGroNB
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICAft*rRArroN0 BF- C,,
FF1
1. Name/Title/Department of Requesting Staff Member Patricia Dapkus
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson: Group
4. Description of work to be performed Lobbyist Representing CitV in Washington, D.C.
5. Value of Contract $154,000 for -two years
6. Length of Contract 2 years
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Na . irP of work wi 1 1 rPSul t
in little or no liability risk to the Citv
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MAN/Deny
GER
Approve Signature/Da e
CITY ATTORNEY
Approve t/Deny Signature/Date �� / 1,21 3
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve e--Deny Signature/Date
01 reso/insreq/9/ 18/01
14
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
Renewal of Contract with the Ferguson Group
COUNCIL MEETING DATE:
September 19, 2005
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 Attorne)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR RETURN OF ITEM:
"" r
RCA Author: P. Dapkus
0
•
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 26, 2005
Ferguson Group, LLC
1130 Connecticut Ave., NW #300
Washington DC 20036
Attention: William Ferguson, Jr.
Dear Mr. Ferguson:
CALIFORNIA 92648
Enclosed is a copy of Amendment No. 3 to the Agreement between Ferguson
Group, LLC and City of Huntington Beach for your. records.
Sincerely,
an L. Flynn
ity Clerk
Enclosure: Agreement
G:fo11owup:agrmt1tr
(Telephone: 714536-5227)
! 0
14 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 9264E
OFFICE OF THE CITY CLERK
JOAN,L. FLYNN
CITY CLERK.
LETTER OF TRANSNIITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: a
ame
Sc.�hs��c�—aJ
City, state, zip
ATTE\7I0N:
DEPARTMENT:
See Attached. Action Agenda Item Date of Approval / 10
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
(Jjro_
City Clerk
Attachments: Action Agenda Page
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RCA
Insurance
g:/followup/letters/coverltr.doc (Telephone: 714-536-5227)
Council/Agency Meeting Held: 0 D
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Ci ler ' Sig a ure
Council Meeting Date: October 4, 2004
Department Number: 04-18
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR D CITY CODU CU MBERS
�-
SUBMITTED BY: Penelope ulbreth- raft , City Administrator
PREPARED BY: Patricia Dapkus, Department Analyst Seni -
SUBJECT: Authorize Execution of a One -Year Extension to the Contract with Me
Ferguson Group to Assist the City in Acquisition of Federal Fundin�'and -
Related Legislative Issues c 9 _ -
�a
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis,
Environmental Status, Attachment(s)
Statement of Issue: Authorization to execute Amendment #2 to the contract with the Ferguson
Group for professional services related to the acquisition of Federal funds for priority projects within
the City and related legislative issues.
Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget
under General Fund Intergovernmental Relations, Professional Services Account #10030201.69365.
The total cost for this contract amendment is not to exceed $79,800 for the year.
Recommended Action:
MOTION
1. Authorize the Mayor and City Clerk to execute contract Amendment #2 to the professional
services contract between the City of Huntington Beach and the Ferguson Group for the
purpose of assisting the City in the acquisition of Federal funds for priority projects within the
City.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
REQUEST FOR COUNCIL ACAN
MEETING DATE: October 4, 2004
Analysis:
DEPARTMENT ID NUMBER:
The Ferguson Group has played a significant role in the City's outside funding efforts at the federal
level during the past three years. They were instrumental in the inclusion of the following items in
Federal legislation:
During 2001, the Ferguson Group secured the following funding for the City of Huntington Beach:
■ $900, 000 in the FY 2002 VA -HUD Appropriation Bill for design & upgrade of a sewer pump
station.
■ $400,000 in the Water Appropriations Bill for an Army Corp feasibility study to stabilize
erosion along the coast at Blufftop Park
■ $100,000 in the Energy & Water Appropriations Bill for improvement of flood control facilities
During 2002, they secured the following federal funding:
■ $900,000 for the Alabama Storm Drain
■ $100,000 for an Army Corp reconnaissance study for dredging of Huntington Harbour
During 2003, they were able to secure an additional $900,000 for completing of the Alabama Storm
Drains.
This year they are seeking funding on the City's behalf for the following projects:
■ Funding for the 17`" Street Storm Drain Upgrades $500,000
■ Upgrade of the Emergency Operation Center $225,000
■ The Wintersberg Channel $300,000
■ WRDA $20 million
(Authorization for Environmental Infrastructure to aid the City in responding to water
quality issues.)
■ TEA-21 Money for widening of the 1-405 freeway $ 6.7 million
During the time they have worked for the City, the Ferguson Group has developed an excellent
working relationship with our Congressman's office. They have proven an ability to gain access to
the legislators' staff and key staff in relevant agencies. They have positively proven their ability to
identify and seek funding for the City, and they have worked at maintaining an interactive
relationship with City staff and the Intergovernmental Relations Committee. Last year Ferguson
held their fee at the previous year's rate. This year they are requesting a 5% overall increase.
Because of
■ The exceptional working relationship between the Ferguson Group and the Congressman's
office,
■ Their thorough handling of the City's requests
■ Their continuing availability and assistance to the Committee and staff, and
■ Their proven success,
At the City Council meeting of September 7, 2004 the Council approved renewing the contract
with The Ferguson Group for an additional year. This action is simply to authorize the Mayor
f to execute the contract.
Ferguson Contract RCA - Oct. 2004.doc -2- September 22, 2004 2:58 PM
*QUEST FOR COUNCIL ACAN
MEETING DATE: Sept. 7, 2004 DEPARTMENT ID NUMBER:
Environmental Status: N/A
Attachment(s):
1. Amendment #2 to the Ferguson Group Contract
2. Original Contract & Amendment #1
Ferguson Contract RCA - 2004.doc -3- September 27, 2004 12:04 PM
AMENDMENT NO.2 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE FERGUSON GROUP LLC
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"
and THE FERGUSON GROUP, LLC a District of Columbia limited liability company,
hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated October 30,
2001, entitled "Professional Services Contract Between The City Of Huntington Beach And The
Ferguson Group, LLC To Assist The City In Its Intergovernmental Affairs Program," which
agreement shall hereinafter be referred to as the "Original Agreement," and
City and Consultant wish to extend the Term of the Original Agreement for an additional
one-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
Section 3 of the Original Agreement, entitled "Time Of Performance." is hereby
amended to read as follows:
Time is of the essence of the Agreement. CONSULTANT'S services are to
commence on October 1, 2001 and continue through September 30, 2005, unless
sooner terminated as provided for herein.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby amended
to read as follows:
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Six Thousand Three Hundred Dollars
04agree/Amend 2 Ferguson Group
($6,300.00) per month plus out-of-pocket expenses not to exceed Four Thousand
Two Hundred Dollars ($4,200.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT
under this Amended Agreement No. 2 shall not exceed Seventy Nine Thousand
Eight Hundred Dollars ($79,800.00).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on OCT-odi--k 4 , 2004.
CONS�U��T�CITY OF HUNTINGTON BEACH, a
FERG G O LLC municipal corporation of the State of
LIMA
ITS: (circle one)
�LY ✓
print a
hairman/PresidentNice President
AND
By. ,/✓�
print name
ITS: (circle one) Secret Chief Financial Offi Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
ity Administrato
04agree/Amend 2 Ferguson Group 2
California
Ma or
City C erk icl o
APPROVED AS TO FORM:
_City Attorney
' ,fib
INITIATED AND APPROVED:
Ci�dministrator
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
Table of Contents
1
Scope of Services.....................................................................................................1
2
Designated Contacts.................................................................................................3
3
Time of Performance...............................................................................................4
4
Compensation..........................................................................................................4
5
Extra Work...............................................................................................................4
6
Method of Payment..................................................................................................4
7
Disposition of Plans, Estimates and Other Documents...........................................6
8
Hold Harmless.........................................................................................................6
9
Independent Contractor............................................................................................7
10
Termination..............................................................................................................7
11
Assignment and Subcontracting...............................................................................7
12
CoRyrights/Patents...................................................................................................7
13
City Employees and Officials..................................................................................8
14
Notices.....................................................................................................................8
15
Modifications...........................................................................................................8
16
Section Headings.................................................................. ........9
17
Interpretation of this Agreement..............................................................................9
18
Duplicate Original....................................................................................................9
19
Immigration..............................................................................................................10
20
Legal Services Subcontracting Prohibited...............................................................10
21
Attorney's Fees.........................................................................................................10
22
Governing Law.......................................................................................................10
23
Entirety.....................................................................................................................II
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this day of
2001, 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, LLC, a District
of Columbia limited liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
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0
C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to the Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs, (2) meeting with CITY staff to discuss specific grant applications and
(3) obtaining copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY staff to develop CITY's goals and objectives,
a Federal agenda and an action plan for achieving priorities that most effectively
and appropriately meets CITY's legislative needs, but also incorporates
expectations for legislative and regulatory opportunities in Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
J. Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
M. Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
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01 agree/Ferguson Group/jmf/jn/10/8/01
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
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3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT's services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner terminated as provided for
herein:
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty -Two Thousand Dollars ($152,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
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0 1 agree/Ferguson Group/jmf/jn/10/8/01
4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement.
S) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY until the parties agree that past performance by CONSULTANT is in, or has. been
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
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01agree/Ferguson Group/jmf/jn/10/8/01
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
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9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the
express prior written consent of CITY.
12. 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.
Page 7 of 11
01 agree/Ferguson Group/jmf/jn/10/8/01
• 0
13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
c
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed. by both parties.
16. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
Page 8 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
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Olagree/Ferguson Group/jmf/jn/10/8/01
19. 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.
20. 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.
2 L ATTORNEY' S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event suit is
brought by either party to construe, interpret and/or enforce the terms and/or provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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01agree/Ferguson Group/jnf/jn/10/8/01
23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day,.month and year first above written.
THE FERGUSON GROUP, LLC,
a District of Columbia limited liability
company
print narWe - '
ITS: (circle one) Chairman/President/Vice
President C &Q
AND
By:
print name
ITS: (circle one) Secretary/Chief Final
Officer/Asst. Secretary — Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
f/
City Attorney
� oislo�
INIT 10V
Assistant City Administrator
REVIEWED AND APPROVED:
6;' c.A—�-�t�
City AdIEnistrator
Page 11 of 11
01agree/Ferguson Group/jmf/jn/10/8/01
0
RECEWIED
OCT 16 200,
CITY OF HUNTINGTON BEACH C/TYOFNUNriNGr
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICA'ft TR4ToN NBF4C
1. Name/Title/Department of Requesting Staff Member Patricia D apku s
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson Group
4. Description of work to be performed Lobbyist Representing City in Washington, D.C.
5. Value of Contract $154 , 000 for -.two years
6. Length of Contract 2 years
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Na . ur _ c)f work wi 1 1 resin t
in little or no liability risk to the CitV
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MANAGER /
Approvey Deny Signature/Da e 11 l l U
CITY ATTORNEY
Approve Deny Signature/Date / /D 3 / D /
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve e--Deny Signature/Date
01 reso/insreq /9/ 18/01
14
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE FERGUSON GROUP LLC
THIS AMENDMENT is made and entered into the lob day of OC'7644P, 20031y
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "City," and THE FERGUSON GROUP, LLC a District of Columbia
limited liability company, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated
()c.J,L w Bo , 2001, entitled "Professional Services Contract Between The City Of
Huntington Beach And The Ferguson Group, LLC To Assist The City In Its Intergovernmental
Affairs Program," which agreement shall hereinafter be referred to as the "Original Agreement,"
and
City and Consultant wish to extend the Term of the.Original Agreement for an additional
one-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
Section 3 of the Original Agreement, entitled "Time Of Performance," is hereby
amended to read as follows:
Time .is of the essence of the Agreement. CONSULTANT' S services are to
commence on October 1, 2001 and continue through September 30, 2004, unless
sooner terminated as provided for herein.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby amended
to read as follows:
1
PDA: 03 Aereements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-6392
0
0
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per
month plus out-of-pocket expenses not to exceed Four Thousand Dollars
($4,000.00) per each year of the Agreement. The total compensation, including
out-of-pocket expenses, to be paid to CONSULTANT under this Agreement shall
not exceed Two Hundred Twenty-eight Thousand Dollars ($228,000.00).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT:
THE FERGUSON GROUP, LLC
A District of Columbia. limited liability
company ;
(print or type dame)
Its: (circle one) Chairman/President/Vice President
By: La�.
(print or type name)
Its: (circle one) Secretary/chief Financial Officer/ 1ty Attorney �S-
Asst. Secretary -Treasurer i
CITY:
CITY OF HUNTINGTON BEACH,
a municipal corporation of the.
State`of California
,��A�hd`ita�,•
Mayor
REVIEWED AND APPROVED:
City Admi istrator
ATTEST
G1%+f61��GIDs�/
City Clerk i o%i3�o3
INITIATED AND APPROVED:
l.v��ti-c
City Adm nistrator
2
PDA: 03 Agreements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-0392
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
Renewal of Contract for the Ferguson Group
COUNCIL MEETING DATE:
October 4, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OIF ITEM:
RCA Author: P. Dapkus
0
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
Council Meeting Date: Sept. 7, 2004
City I rk's S' nature
Department ID Number: 04-14
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�3
SUBMITTED BY: Jill Hardy, Chair on behalf of Intergovernmental Relatio s Committee
Members, Council Members Coerper and Sulliva
},
PREPARED BY: Patricia Dapkus, Department Analyst Senior
SUBJECT: Approve a One -Year Extension to the Contract ith the Ferguson Group to
Assist the City in Acquisition of Federal Funding and Related Legislative'
Issues
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis,
Environmental Status, Attachment(s)
Statement of Issue: Approval of a one-year extension to the contract with the Ferguson Group
for professional services related to the acquisition of Federal funds for priority projects within the City
and related legislative issues.
Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal year budget
under General Fund Intergovernmental Relations, Professional Services Account #10030201.69365.
The total cost for this contract amendment is not to exceed $79,800 for the year.
Recommended Action:
MOTION
1. Waive the requirement to go out to bid;
2. Approve extending the contract with the Ferguson Group with the same terms as previous
years with an increase of 5% from $76,000 to $79,800; and
3. Authorize staff to prepare and execute contract Amendment #2, as approved by the City
orney, to a pro esslonal services contract between the City of Huntington Beach and
the Ferguson Group for the purpose of assisting the City in the acquisition of Federal funds
for priority projects within the City.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
RAUEST FOR COUNCIL ACTIN
MEETING DATE: Sept. 7, 2004
Analysis:
DEPARTMENT 1D NUMBER:
The Ferguson Group has played a significant role in the City's outside funding efforts at the federal
level during the past three years. They were instrumental in the inclusion of the following items in
Federal legislation:
During 2001 the Ferguson Group secured the following funding for the City of Huntington Beach:
■ $900, 000 in the FY 2002 VA -HUD Appropriation Bill for design & upgrade of a sewer pump
station.
■ $400,000 in the Water Appropriations Bill for an Army Corp feasibility study to stabilize
erosion along the coast at Blufftop Park
■ $100,000 in the Energy & Water Appropriations Bill for improvement of flood control facilities
During 2002 they secured the following federal funding:
■ $900,000 for the Alabama Storm Drain
■ $100,000 for an Army Corp reconnaissance study for dredging of Huntington Harbour
During 2003, they were able to secure an additional $900,000 for completing of the Alabama Storm
Drains.
This year they are seeking funding on the City's behalf for the following projects:
■ Funding for the 17th Street Storm Drain Upgrades
$500,000
■ Upgrade of the Emergency Operation Center
$225,000
■ The Wintersberg Channel
$300,000
■ WRDA
$20 million
(Authorization for Environmental Infrastructure to aid the City
in responding to water
quality issues.)
■ TEA-21 Money for widening of the 1-405 freeway
$ 6.7 million
During the time they have worked for the City, the Ferguson Group has developed an excellent
working relationship with our Congressman's office. They have proven an ability to gain access to
the legislators' staff and key staff in relevant agencies. They have positively proven their ability to
identify and seek funding for the City, and they have worked at maintaining an interactive
relationship with City staff and the Intergovernmental Relations Committee. Last year Ferguson
held their fee at the previous year's rate. This year they are requesting a 5% overall increase.
Because of
■ The exceptional working relationship between the Ferguson Group and the Congressman's
office,
■ Their thorough handling of the City's requests
■ Their continuing availability and assistance to the Committee and staff, and
■ Their proven success,
The committee is recommending that the Council waive the requirement that we go back out to bid
and approve an extension to Ferguson's contract with a 5% increase for one additional year.
Ferguson Contract RCA - 2004 -2- 8/26/2004 8:20 AM
RUEST FOR COUNCIL ACTICI
MEETING DATE: Sept. 7, 2004 DEPARTMENT ID NUMBER:
Environmental Status: N/A
Attachment(s):
1. Original Ferguson Group Contract
2. Amendment #1 to the Ferguson Group Contract
3. 2004 Project Information Sheets
Ferguson Contract RCA - 2004 -3- 8/26/2004 8:20 AM
0 0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
Table of Contents
1
Scope of Services.....................................................................................................1
2
Designated Contacts.................................................................................................3
3
Time of Performance...............................................................................................4
4
Compensation..........................................................................................................4
5
Extra Work...............................................................................................................4
6
Method of Payment..................................................................................................4
7
Disposition of Plans, Estimates and Other Documents..........................:................6
8
Hold Harmless.........................................................................................................6
9
Independent Contractor............................................................................................7
10
Termination..............................................................................................................7
11
Assignment and Subcontracting...............................................................................7
12
Copynghts/Patents...................................................................................................7
13
City Employees and Officials..................................................................................8
14
Notices.....................................................................................................................8
15
Modifications...........................................................................................................8
16
Section Headings.............................................................................9
17
Interpretation of this Agreement..............................................................................9
18
Duplicate Original....................................................................................................9
19
Immigration..............................................................................................................10
20
Legal Services Subcontracting Prohibited...............................................................10
21
Attorney's Fees.........................................................................................................10
22
Governing Law.......................................................................................................10
23
Entirety.....................................................................................................................II
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement') is made and entered into this 15th day of
October 2001, by and between the City of Huntington Beach, a municipal corporation
of the State of California, hereinafter referred to as "CITY," and The Ferguson Group, LLC, a District
of Columbia limited liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been -complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
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C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to the Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs, (2) meeting with CITY staff to discuss specific grant applications and
(3) obtaining copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY staff to develop CITY's goals and objectives,
a Federal agenda and an action plan for achieving priorities that most effectively
and appropriately meets CITY's legislative needs, but also incorporates
expectations for legislative and regulatory opportunities in Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
A Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
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17J
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
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3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT's services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner terminated as provided for
herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty -Two Thousand Dollars ($152,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
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•
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4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement.
5) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
4
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
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7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attomey's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
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9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the
express prior written consent of CITY.
12. 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.
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13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
16. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
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•
0
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
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19. 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.
20. 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.
2L ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event suit is
brought by either party to construe, interpret and/or enforce the terms and/or provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
THE FERGUSON GROUP, LLC, CITY OF HUNTINGTON BEACH, a
a District of Columbia limited liability municipal corporation of the State of California
company
`M 4�
Mayor
By:
IV" 11hv,
print naige ATTEST: ,
ITS: (circle one) Chairman/President/Vice
President C0
City Clerk j0-36- a l
APPROVED AS TO FORM:
By:
print name f / City Attorney
ITS: (circle one) Secretary/V o18101
Officer/Asst. Secretary —Treasurer i
INITIATE AND APP OV D
woo
Assistant City Administrator
REVIEWED AND APPROVED:
City A inistrator
Page 1 I of I 1
1 /04/d /
!0/// ,V�
Olagree/Ferguson Group` rnVjn/10/8/01
RECEDE®
OCT 18 Zoo,
CITY OF HUNTINGTON BEACH C1Ty0FHUNTIIVGTON
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICANOWrI14 G N BEEA
1. Name/Title/Department of Requesting Staff Member Patricia Dapkus
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson. Group
4. Description of work to be performed Lobbyist Representing City in Washington, D.C.
5. Value of Contract $154,000 for,two years
6. Length of Contract 2 years
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Nature cif work wi 1 1 re-,ifl t
in little or no liabilitv risk to the Citv
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MANAGER /
Approve ✓ Deny Signature/Da e l( U l t l U i
CITY ATTORNEY
Approve 1/Deny Signature/Date /tom / /f�/ 3
EJ CityAdministrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve G--Deny Signature/Date
01 reso/in sreq/9/ 18/01
14
s
0
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE FERGUSON GROUP LLC
THIS AMENDMENT is made and entered into the b day of 007046i' 2003,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "City," and THE FERGUSON GROUP, LLC a District of Columbia
limited liability company, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated
Bo , 2001, entitled "Professional Services Contract Between The City Of
Huntington Beach And The Ferguson Group, LLC To Assist The City In Its Intergovernmental
Affairs Program," which agreement shall hereinafter be referred to as the "Original Agreement,"
and
City and Consultant wish to extend the Term of the. Original. Agreement for an additional
one-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
Section 3 of the Original Agreement, entitled "Time Of Performance," is hereby
amended to read as follows:
.Time is of the essence of the Agreement. CONSULTANT'S services are to
commence on October 1, 2001 and continue through September 30, 2004, unless
sooner terminated as provided for herein.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby amended
to read as follows:
1
PDA: 03 Agreements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-0392
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per
month plus out-of-pocket expenses not to exceed Four Thousand Dollars
($4,000.00) per each year of the Agreement. The total compensation, including
out-of-pocket expenses, to be paid to CONSULTANT under this. Agreement shall
not exceed Two Hundred Twenty-eight Thousand Dollars ($228,000.00).
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT:
CITY:
THE FERGUSON GROUP, LLC CITY OF HUNTINGTON BEACH,
A District of Columbia limited liability a municipal corporation of the
company State of California
By:
T Mayor
(print or type iiame)
Its: (circle one) Chairman/President/Vice President
By:Lx_t�_e_-
4: e APPROVED AS TO FORM:
(print or type name)
Its: (circle one) Secretary/chief Financial Officer/ ity Attorney
Asst. Secretary -Treasurer 1
REVIEWED AND APPROVED:
o�
City Admirfil"s-trator
ATTEST
6R4
City Clerk l o%i3/o3
INITIATED AND APPROVED:
City Adranistrator
2
PDA: 03 Agreements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-0392
rail
1 130 C'`onnectictst Avenue NW ♦ Suite 300 Washington, DC:` 4 20036 4 Phone 202.33 1 .9500 Fax 202.33 "I . 1598
HUNTINGTON BEACH, CA
ACTIVITY REPORT
July/August 2004
PROJECT
REQUEST
CONGRESSIONAL ACTION
HOUSE SENATE
1
Emergency Operations Center
$225,000 in the FY05
The House
The Senate has
Commerce -Justice -State
Commerce -Justice-
postponed Committee
Appropriations bill
State Appropriations
markups indefinitely.
bill (H.R. 4754/H.
TFG is working with the
Rpt. 108-576) did not
Senators to see that
include funding for
project funding is
this project.
included in the Senate
bill prior to the House -
Senate conference.
2
17th Street Downtown Storm Drain
$500,000 in the FY05 VA-
The House VA -HUD-
See #1 Above
HUD -Independent Agencies
Independent Agencies
Appropriations bill
Appropriations bill
(Bill and Report
Numbers Not Yet
Assigned) did not
include funding for
this project.
3
Wintersburg
$1 million in the FY05 VA-
The House VA -HUD-
See #1 Above
[Storm Water Quality]
HUD -Independent Agencies
Independent
Appropriations bill
Agencies
www.fergusong,,roup.us
•
Appropriations bill
(Bill and Report
Numbers Not Yet
Assigned) includes
$300,000 for this
project.
4
Shipley Nature Center
$350,000 in the FY05 VA-
The House VA -HUD-
See #1 Above
HUD -Independent Agencies
Independent Agencies
Appropriations bill
Appropriations bill
(Bill and Report
Numbers Not Yet
Assigned) did not
include funding for
this project.
5
1-405 (The City is supporting this
Authorization of funds in the
H.R. 3550, the House
The Senate bill (S.
request submitted by the Orange
reauthorization of the
version of the TEA-
1072) does not include
County Transportation Authority)
Transportation Equity Act for
21 reauthorization
project earmarks; they
the 21st Century
bill, includes
are expected to be
language authorizing
included during the
$6.7 million for the I-
House -Senate
405 Freeway
conference.
Widening project.
TFG is working to
see that this language
is retained in the
final version of the
bill.
6
Environmental Infrastructure
Amend existing technical
The House WRDA
The Senate Environment
Program
assistance authorization in the
bill (H.R. 2557)
and Public Works
Water Resources Development
includes a $20
Committee reported out
Act reauthorization bill
million authorization
S. 2554 on June 23`d
(WRDA).
for environmental
Environment
www ergusongr0up.us
•
n
:.,
infrastructure. TFG
infrastructure projects
is working to see that
were not included. They
this language is
may be added during the
retained in the final
House -Senate
version of the bill.
conference. Another
measure, S. 2550, "the
Water Infrastructure
Financing Act" may be
another vehicle for
member projects.
Miscellaneous
• TFG provided information on Section 3401 of S. 2554, the Water Resources Development Act on July 30th.
■ TFG provided updates on the status of internet taxation and surface transportation authorization legislation.
■ TFG is researching federal funding opportunities to assist in the acquisition of the Bolsa Chica Mesa.
■ TFG provided an update on water quality and infrastructure funding on July 28th.
■ TFG provided information on EPA's report about their Smart Growth and Water Quality goals on July 8tn
www.fergusongroup.us
i
0
' • • MAYOR
,r City g of Huntington Beach Cathy Green
P.O. BOX 190 2000 Main Street California 92648 MAYOR PRO TEMPORE
Jill Hardy
COUNCIL MEMBERS
/ Connie Boardman
Gil Coerper
Debbie Cook
Pam Houchen
Dave Sullivan
EMERGENCY OPERATIONS CENTER
Submitted for
FY 2005 Commerce -Justice -State Appropriations
Request: The City of Huntington Beach, CA requests $225,000 from DOJ's COPS Technology Program in the FY
2005 Commerce -Justice -State Appropriations bill for technology upgrades for the City's Emergency Operations
Center (EOC).
Problem: The City's EOC is 27 years old, is used on a regular basis for emergency management and training, and
does not possess the current technology necessary to support is operations. The present "paper and pencil" system
is inadequate for the tasks of the City's first responders.
Background: The City's EOC is located in the lower level of City Hall. This facility is activated during large-
scale emergencies and is where information on damage and life saving needs are collected and major emergency
incidents are managed. The City has experienced numerous disasters during the past 12 years including: flooding,
earthquake, water spouts/tornados, oil tanker spill, power outages, etc. During this period, the EOC was activated
12 times resulting in approximately $5 million of claims to FEMA for reimbursement.
The City of Huntington Beach is one of three cities in Orange County to develop an operational response to
Weapons of Mass Destruction (WMD). Huntington Beach is also charged by the U.S. Department of Health and
Human Services with development of medical response capabilities to treat up to 1000 patients for a chemical,
biological, or nuclear terrorist attack. This is called the Metropolitan Medical Response System (MMRS). A
technologically advanced EOC is critical to complete these objectives.
The proposed upgrade to the EOC would include an Uninterruptible Power System (UPS), new computer hardware
and software, network server, printer and overhead projection unit and screen, and communications equipment.
These improvements would allow Huntington Beach emergency services and City management personnel to
estimate casualties, coordinate and track personnel, equipment and supplies, as well as assist in anticipating
shortages and knowing when to request mutual aid. During an emergency, expediting decision -making and priority
setting would be facilitated resulting in increased safety for the public and first responder emergency personnel. It
would also allow these personnel to better communicate and, consequently, better coordinate with County,
Regional, and State Emergency Operations Centers. Financial costs, personnel hours, equipment, and materials
would be automatically tracked for financial recovery. These technological resources would continue to be used
throughout the recovery process for tracking unsafe structures, demolitions, and rebuilding. In addition, the
requested system would be used for briefing elected officials as well as press conferences.
Cost: The total estimated project cost is $225,000. The City will use monies from the general fund, as well
as seek additional state and local funds to complete the project if necessary.
Contacts: Charmayne Macon, The Ferguson Group at (202) 261-6016 or cmaconL&tfgnet.com and Pat Dapkus,
City of Huntington Beach at (714) 536-5579 or dapkuspLa_)surfci-hb.org.
MAYOR
Cathy Green
MAYOR PRO TEMPOR
Jill Hardy
COUNCIL MEMBERS
Connie Boardman
Gil Coerper
Debbie Cook
Pam Houchen
Dave Sullivan
171h STREET STORM DRAINS
Huntington Beach, CA
Submitted for
FY 2005 VA -HUD -Independent Agencies Appropriations
Request: The City of Huntington Beach, CA requests $500,000 from EPA's State and
Tribal Assistance Grant (STAG) account in the FY 2005 VA -HUD -Independent Agencies
Appropriations bill for improvements to a storm drain system in the City.
Problem: The current storm drain system in a mostly residential area is unable to handle
storm runoff and causes localized flooding.
Background: A residential storm drain system in the City of Huntington Beach is a
deficient 50-year old halve -round cross -gutter system.
The improvement project entails the construction of various size storm drain pipe (18-54-
inch), catch basins and appurtenances on 17th and 16th Streets between Pacific Coast
Highway (PCH) and Walnut Avenue.
The purpose of this project is to eliminate the deficient system now in place to help prevent
flooding of PCH (a state highway), school, senior center, commercial and residential
properties. The new storm drain system will allow the City of Huntington Beach the ability
to meet the City's, County of Orange and FEMA criteria.
Cost: The estimated total project cost for Phase I is $900,000. The estimated total project
cost is $1.6 million. The City expects to provide the required 45% non-federal cost share
with drainage fees and/or General Fund monies.
Contacts: Charmayne Macon, The Ferguson Group at (202) 261-6016 or
cmacon cr,tfgnet.com and Pat Dapkus, City of Huntington Beach at (714) 536-5579 or
pda kusgsurfcity-hb.or .
MAYOR
City of Huntington Beach Cathy Green
P.O. BOX 190 2000 Main Street California 92648 MAYOR PRO TEMPORE
Jill Hardy
COUNCIL MEMBERS
Connie Boardman
Gil Coerper
Debbie Cook
Pam Houchen
Dave Sullivan
WINTERSBURG CHANNEL URBAN RUNOFF TREATMENT
Submitted for
FY 2005 VA -HUD -Independent Agencies Appropriations
Request: The City of Huntington Beach, CA requests $1 million from EPA's Environmental Programs
Management (EPM) account in the FY 2005 VA -HUD -Independent Agencies Appropriations bill for
planning and design assistance for the Wintersburg Channel Urban Runoff Treatment Project.
Problem: The East Garden Grove Wintersburg Channel (EGGWC) is primarily used for flood control
but also drains urban runoff from a 22 square -mile (14,080 acre) urban watershed into Huntington
Harbour, Anaheim Bay and the Bolsa Chica Wetlands. Under Section 303(d) of the 1972 Federal Clean
Water Act, both Huntington Harbour and Anaheim Bay have been designated as impaired water bodies
due to urban runoff, storm sewers and unknown point sources by the Santa Regional Water Quality
Control Board. The polluted urban runoff from the channel discharges directly into these water bodies in
addition to an environmentally sensitive receptor, the Bolsa Chica Wetlands.
Background: The goal of the project is to divert approximately four (4) million gallons per day of
polluted urban runoff that presently flows into Huntington Harbour, Anaheim Bay and the lower Bolsa
Chica Wetlands from the EGGWC into a 20-acre constructed vegetative filter area (CVFA) for treatment
to remove pollutants. Following treatment in the CVFA, treated urban runoff will be used to rehabilitate
Talbert Lake (presently dry as a result of water table draw down caused by regional groundwater
pumping), enhance the habitat value, recharge the groundwater aquifer and aid with the salt water barrier
intrusion protective efforts in the vicinity of Huntington Beach Central Park.
The Wintersburg Channel Urban Runoff Treatment Project would directly support the goal of the Clean
Water Act by helping to restore the integrity of our waterways, Huntington Harbour, Anaheim Bay and
the Bolsa Chica Wetlands. The project would reduce pollutants from entering into these waterways.
Cost: The total estimated project cost for planning and design is $1.1 million. The estimated total cost for
construction is $4.5 million. The City expects to provide the required five percent (5%) non-federal cost
share from state and local funds.
Contacts: Charmayne Macon, The Ferguson Group at (202) 261-6016 or cmacongtfanet.com and Pat
Dapkus, City of Huntington Beach at (714) 536-5579 or pdapkus(a,surfcity-hb.org.
MAYOR
City of Huntington Beach Cathy Green
P.O. BOX 190 2000 Main Street California 92648 MAYOR PRO TEMPORE
Jill Hardy
COUNCIL MEMBERS
Connie Boardman
Gil Coerper
Debbie Cook
Pam Houchen
Dave Sullivan
ENVIRONMENTAL INFRASTRUCTURE PROGRAM
Submitted for
Water Resources Development Act Reauthorization
Request: The City of Huntington Beach, CA requests that the existing Environmental
Infrastructure — Section 219 authorization under the Water Resources Development Act
(WRDA) be expanded to include "construction" to the maximum amount available under the
Section 219 program. The City received an authorization for "technical planning and design
assistance " in WRDA 2000.
Problem: The quality and reliable supply of the drinking water in the City of Huntington Beach
are at risk due to the potential failure of the water infrastructure systems as a result of age and/or
of major seismic events. Additionally, drainage pump stations lack the capacity to divert
contaminated storm water runoff to the sewage treatment plant prior to discharge in the ocean.
Background: In 1997, the City of Huntington Beach embarked upon a program to study and
design various water system infrastructure improvements to safeguard the quality of the drinking
water supply. Improvements to water storage, transport pipelines, and other sources of supply are
necessary to lower the risk of contaminating the drinking water supply due to the failure of the
water infrastructure systems as a result of age and/or the impact of major seismic events.
The City's pump stations and related infrastructure are over 40 years old and undersized. Given
the condition and undersized nature of the pump stations, diverting runoff water through these
pump stations to the sewer system will severely affect the pump stations. Further, the City is
very flat with many areas actually below sea level requiring that the City have more pump
stations than a similar coastal city.
Studies done by the Army Corps of Engineers identified the need for water system improvements
to insure an adequate supply of safe drinking water, as well as drainage system improvements.
Contacts: Charmayne Macon, The Ferguson Group at (202) 261-6016 or cmacon(acr�tfgnet.com
and Pat Dapkus, City of Huntington Beach at (714) 536-5579 or dapkuspgsurfcity-hb.org.
City of Huntington Beach
P.O. BOX 190 2000 Main Street California 92648
SHIPLEY NATURE CENTER
Huntington Beach, CA
Submitted for
FY 2005 VA -HUD -Independent Agencies Appropriations
MAYOR
Cathy Green
MAYOR PRO TEMPORE
Jill Hardy
COUNCIL MEMBERS
Connie Boardman
Gil Coerper
Debbie Cook
Pam Houchen
Dave Sullivan
Request: The City of Huntington Beach, CA requests $350,000 from HUD's Economic Development
Initiative (EDI) account in the FY 2005 VA -HUD -Independent Agencies Appropriations bill for the
rehabilitation of the Donald S. Shipley Nature Center.
Problem: The Nature Center is nearly 30 years old and in serious need of restoration. The Center's
natural environment is being threatened by invasive non-native vegetation. The City of Huntington Beach
is seeking funding to restore and preserve this living educational facility.
Background: Opened in 1974, the Shipley Nature Center is an 18-acre parcel of land dedicated to
natural history education. The Center is owned by the City of Huntington Beach and includes 4,000 feet
of trails that meander through several habitats, a natural freshwater wetland, and a 1,500 sq. ft.
Interpretive Building with exhibits on local wildlife and ecology.
Prior to closure in 2002, the Nature Center provided interpretive tours for schools throughout Orange
County. Approximately 40,000 national and international visitors would visit the Center annually, and a
full-time park ranger gave free educational tours to 9,000 school children each year.
To maintain the benefits of the Nature Center in terms of habitat and environmental education, a non-
profit organization, the Friends of Shipley Nature Center, was formed. The Friends have taken over
management of the facility through a Memorandum of Understanding with the City. The Friends now
oversee a 5-year restoration project, which calls for the enhancement of the existing habitat in the nature
center to focus on the eradication of exotic invasive species and development of native habitat structure.
The Friends have been able to reopen the center to the public on a periodic basis for monthly open houses,
and for tours for school groups by appointment.
Cost: The total estimated project cost is $350,000. The City will use any funds secured by the nonprofit
organization, the Friends of Shipley Nature Center, as well as seek additional state and local funds to the
complete the project if necessary.
Contacts: Charmayne Macon, The Ferguson Group at (202) 261-6016 or cmaconktfl;net.com and Pat
Dapkus, City of Huntington Beach at (714) 536-5579 or pdapkus@surfcity-hb.org.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Renewal of Contract for the Ferguson Group
COUNCIL MEETING DATE: Sept. 7, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
Approved as to form by City Attomeyj
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Find in s/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
`EXPLANATION FOR RETURN OF ITEM:
RCA Author: P. Dapkus
6 9
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
Renewal of Contract for the Ferguson Group
COUNCIL MEETING DATE:
Sept. 7, 2004
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 Attome Attached
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM:
RCA Author: P. Dapkus
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK +
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: /)':2n6&-2E, /3 _ ,003
TO:111'!5- C .SOi'o 62�?Q (O L -C- ATTENTION:
Name
0 (��Uj�iEC' -Ti�C.' t c'7?(1/ /��it� DEPARTMENT:
Street �pU
� ),4 SYkiPJ6 7Z ,rJ-- Sao 36 REGARDING: /iric-7-i M&W 7-
City, State, Zip /�� � �2✓jGE S
fifZ.��T
See Attached Action Agenda Item -=- `1 Date of Approval O b Q3
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page _ Agreement C Bonds Insurance
RCA Deed Other
It's 42�mllj
C C: )—D Ale -Its
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Insurance
g:/followup/letters/coverletter of transmittal
( Telephone: 714-536-5227 )
F,
Council/Agency Meeting Held: tb + /os
Deferred/Continued to:
?(Approved ❑ Conditionally Approved ❑ Denied
44
--I-- ..�''t
City Clerk's Signatu e
Council Meeting Date: October 6, 2003
Department ID Number: 03-20
a
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION R
C
_
C.
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS`
SUBMITTED BY:
Jill Hardy, Chair on behalf of Intergovernmental Relations ommittee
Members Mayor Boardman and Councilwoman Cook ,
>
PREPARED BY:
Patricia Dapkus, Department Analyst Senior��
SUBJECT:
Approve Amendment #1 to the Contract with the Ferguson Group to
Assist the City in Acquisition of Federal Funding and Related
Legislative Issues
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Approval of an amendment extending the contract with the Ferguson
Group for professional services related to the acquisition of Federal funds for priority projects
within the City and related legislative issues for one additional year.
Funding Source: Funds for the Contract have been budgeted in the 2003-04 fiscal year
budget under General Fund Intergovernmental Relations, Professional Services Account
#10030201.69365. The total cost for this contract amendment is not to exceed $76,000 for
the year.
Recommended Action:
MOTION
Approve Amendment #1 to the agreement for professional services between the City of
Huntington Beach and the Ferguson Group for the purpose of assisting the City in the
acquisition of Federal funds for priority projects within the City, and authorize the Mayor
and City Clerk to execute the agreement.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
E-q
*QUEST FOR COUNCIL ACT16N
MEETING DATE: October 6, 2003
Analysis:
DEPARTMENT ID NUMBER: 03-20
The Ferguson Group has played a significant role in the City's outside funding efforts at the Federal
level during the past two years. They were instrumental in the inclusion of the following items in
Federal legislation:
During 2001 the Ferguson Group secured the following funding for the City of Huntington Beach:
➢ $900, 000 in the FY 2002 VA -HUD Appropriation Bill for design & upgrade of a sewer pump
station.
➢ $400,000 in the Water Appropriations Bill for an Army Corp fesibility study to stablize
erosion along the coast at Blufftop Park
➢ $100,000 in the Energy & Water Appropriations Bill for improvement of flood control facitilies
During 2002 they secured the following federal funding:
➢ $900,000 for the Alabama Storm Drain
➢ $100,000 for an Army Corp reconnaissance study for dredging of Huntington Harbour
This year they are seeking funding on the City's behalf for the following projects
➢ Completion of the Alabama Storm Drain,
➢ The Wintersberg Channel,
➢ Environmental Infrastructure to aid the City in responding to water quality issues,
➢ Upgrade of the Emergency Operation Center,
➢ Clean-up of the Gun Range,
➢ TEA-21 Money for widening of the 1-405 freeway, and
➢ Reimbursement of local costs for homeland security.
During the time they have worked for the City, the Ferguson Group has developed an
excellent working relationship with our Congressman's office. They have proven an ability to
gain access to the legislators' staff and key staff in relevant agencies. They have positively proven
their ability to identify and seek funding for the City, and they have worked at maintaining an
interactive relationship with City staff and the Intergovernmental Relations Committee.
Ferguson has agreed to hold their fee at last year's rate. The committee is, therefore,
recommending that the Council extend Ferguson's contract for one additional year.
Environmental Status:
Attachment(s):
RCA Author: P.Dapkus
N/A
1. 1 The Ferguson Group Contract Amendment.
Ferguson Contract RCA - 2003.doc -2- September 17, 2003 1:25 PM
AMENDMENT NO.1 TO AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE FERGUSON GROUP LLC
THIS AMENDMENT is made and entered into the 67 day of (f)C'704QC_, 2003,
by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "City," and THE FERGUSON GROUP, LLC a District of Columbia
limited liability company, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated
Qr j. b wi 3 o , 2001, entitled "Professional Services Contract Between The City Of
Huntington Beach And The Ferguson Group, LLC To Assist The City In Its Intergovernmental
Affairs Program," which agreement shall hereinafter be referred to as the "Original Agreement,"
and
City and Consultant wish to extend the Term of the Original Agreement for an additional
one-year period,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
EXTENSION OF TERM
Section 3 of the Original Agreement, entitled "Time Of Performance," is hereby
amended to read as follows:
Time is of the essence of the Agreement. CONSULTANT'S services are to
commence on October 1, 2001 and continue through September 30, 2004, unless
sooner terminated as provided for herein.
2. ADDITIONAL COMPENSATION
Section 4 of the Original Agreement, entitled "Compensation," is hereby amended
to read as follows:
1
PDA: 03 Agreements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-0392
•
•
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per
month plus out-of-pocket expenses not to exceed Four Thousand Dollars
($4,000.00) per each year of the Agreement. The total compensation, including
out-of-pocket expenses, to be paid to CONSULTANT under this Agreement shall
not exceed Two Hundred Twenty-eight Thousand Dollars ($228,000.00).
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers on the date first above written.
CONSULTANT:
THE FERGUSON GROUP, LLC
A District of Columbia limited liability
company -1-7
(print or type flame)
Its: (circle one) Chairman/President/Vice President
By: �.
CITY:
CITY OF HUNTINGTON BEACH,
a municipal corporation of the
State of California
0
Mayor
ATTEST
d�wzi A_V�
City Clerk 10/1310
;APPROVED AS TO FORM:
(print or type name)
Its: (circle one) Secretary/chief Financial I '-- er/ ity Attorney
Asst. Secretary -Treasurer 1 - 1'ro
REVIEWED AND APPROVED:
City Adminfstrator
INITIATED AND APPROVED:
City Adm nistrator
2
PDA: 03 Agreements: Amendment to Extend Agreement with Ferguson Group
RLS 2003-0392
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
`Renewal of Contract for the Ferguson Group -
COUNCIL MEETING DATE:
October 6, 2003
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
RCA Author:
(15) October 15, 2001 - CounINIAgency Agenda - Page 15
E-15. (City Council) Approve the Agreement between the County;df. Orange andAhe City
E-16.
from July 1, 2001 (600.25) — Approve and authorize the MayoK&ci+°' ay-C';lerkto!: 1. ,
execute the Agreement for Provision of Environmental Health Services between the
County of Orange and the City of Huntington Beach. Submitted by the Planning
Director. Funding Source: Not Applicable.
[Approved 7-0]
oetween ine trrty ano ine rerguson Group Tor reuerai runumu T+►cauismon
Assistance with Priority Projects within the City (600.10) — Approve the attached
draft agreement for professional services between the City of Huntington Beach and the
Ferguson Group for the purpose of assisting the City in the acquisition of Federal funds
for priority projects within the city, and authorize the Mayor and City Clerk to execute the
agreement in substantially the same form subject to final approval by the City Attorney
and the City Administrator. Submitted by the City Administrator. Funding Source:
2001-03 Fiscal Years — General Fund, Non -Departmental Account. The total cost for
this contract is not to exceed $76,000 per year or $152,000 for two years.
[Approved 7-0]
E-17. (City Council) Approve Plans and Direct Staff to Proceed with the Permanent
Installation at the Civic Center of the Art Collection from the City's Two Sister
Cities of Anio, Japan and Waitakere, New Zealand (900.10) — Approve the
installation plans for a permanent display of artwork and artifacts at the Civic Center
from the Sister Cities of Anjo, Japan and Waitakere, New Zealand, and direct staff to
proceed. Submitted by the Community Services Director. Funding Source: Not
Applicable. (City Council Liaisons Mayor Pam Julien Houchen and Councilmember
Shirley Dettloff, along with the Sister City Association, recommend this program to
highlight the collection and program to the community.)
[Approved 7-0]
E-18. (City Council) Approve Professional Services Contract_ between_ the Citv of
Huntington Beach and Diehl Evans and Company, LLP for Independent Certified
Public Accountant Audit Services of the City's Financial Statements for Fiscal
Year Ending September 30, 2001 (600.10) — Approve the attached Professional
Services Contract between the City of Huntington Beach and Diehl Evans & Company,
LLP for Audit Services. Submitted by the Administrative Services Director. Funding
Source: General Fund Account - $46,500.
[Approved 7-0]
(�T�--t-R
Tl?G4LV-t: � u ,'c-1 g'tQyyyy,�S �
en `S/br'/0 3 — 4
® REPORT OF LOBBYIST EMPLOYER
(Government Code Section 86116)
or t.
❑ REPORT OF LOBBYING COALITION,,-j 4i i
(2 Cal. Code of Regs. Section 18616.4)
FORM 635
1993 IMPORTANT: Lobbying Coalitions must attach a
completed Form 635-C to this Report.
REPORT COVERS PERIOD FROM 02/01/2003 THROUGH 03/31/2003
FOR OFFICIAL USE ONLY
CUMULATIVE PERIOD BEGINNING 01/01/2003 A
TYPE OR PRINT IN INK
For information required to be provided to you pursuant to the Information Practices Act of 1977, see Information B
Manual on Lobbying Disclosure Provisions of the Political Reform Act.
NAME OF FILER:
HUNTINGTON BEACH CITY OF
BUSINESS ADDRESS: (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER:
P.O. Box 190 HUNTINGTON
2000 Main Street BEACH CA 92648 (714) 536-5579
PART I - LEGISLATIVE OR STATE AGENCY ADMINISTRATIVE ACTIONS ACTIVELY LOBBIED DURING THE PERIOD
((See instructions on reverse.) gg 33gg qq 33 gg gg 2222 44 gg gg gg q q g qg qgg q
B694 AB710BAB783 AB1073 AS122 iA69324 ABX14 ACA101ACA1B13SB17BSB20 SB21 SB100S8103 SB157 SBA07 SB414 SB73644 S -
BX1-3 SCA9
® If more space is needed, check box and attach continuation sheets.
SUMMARY OF PAYMENTS THIS PERIOD
A. Total Payments to In -House Employee Lobbyists (Part III, Section A, Column 1)................................................... $ 0.00
S. Total Payments to Lobbying Firms (Part III, Section B, Column 4)......................................................................... $ 16634.50
C. Total Activity Expenses (Part III, Section C)........................................................................................................... $ 0.00
D. Total Other Payments to Influence (Part III, Section D).......................................................................................... $ 0.00
GRAND TOTAL (A + B + C + D above).................................................................................. $ 16634.50
E. Total Payments in Connection with PUC Activities (Part 111, Section E).................................................................. $ 0.00
F. Campaign Contributions: ❑ Part IV completed and attached 0 No campaign contributions made this period
VERIFICATION
I have used all reasonable diligence in preparing this Report. I have reviewed the Report and to the best of my knowledge the informa-
tion contained herein and in the attached schedules is true and complete.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
E03/30/2003e)
At (City and State)
Huntington Beach CA
�Byy ((,,��i ture Employer or
MrlhVlpllia . Workrr
lame of Employer or Responsible Officer (Type or Print) jibe -
IF
Mr. William P. Workman I Assistant City Administrator
CAL2PDF Version3.9
r�
u
2/5
PERIOD COVERED: 02/01/2003 03/31/2003
NAME OF FILER: HUNTINGTON BEACH CITY OF
PART iI - PARTNERS, OWNERS, AND EMPLOYEES WHOSE "LOBBYIST REPORTS" (FORM 615) ARE ATTACHED TO THIS
REPORT (See instructions on reverse.)
Name and Title
Name and Title
❑ If more space Is needed, check box and attach continuation sheets.
PART III - PAYMENTS MADE IN CONNECTION WITH LOBBYING ACTIVITIES
A. PAYMENTS TO IN-HOUSE EMPLOYEE LOBBYISTS
(See instructions on reverse. Also enter the Amount This Period
(Cotumn 1) on Line A of the Summary of Payments section on page 1.)
(1)
Amount This
Period
(2)
Cumulative Total
To Date
$ 0.00
$ 0.00
B. PAYMENTS TO LOBBYING FIRMS (Including Individual Contract Lobbyists)
(1) (2) (3)
Name and Address of Lobbying Fees & Reimbursements Advances or
Firm/independent Contractor Retainers of Expenses Other Payments
(attach explanation)
(4) (5)
Total Cumulative
This Period Total to Date
Advocation Inc.
1121 L Street Suite 610
16251.00
383.50
16634.50
None
16634.50
16634.50
TOTAL THIS PERIOD (Column 4)
If more space is needed, check box and attach Also enter the total of Column 4 on Line B of the
continuation sheets
Summary of Payments section on page 1.
$ 16634.50
0
PERIOD COVERED: 02/01/2003 03/31/2003
NAME OF FILER: HUNTINGTON BEACH CITY OF
3/5
C. ACTIVITY EXPENSES (See instructions on reverse.)
Date
Name and Address of Payee
Name and Official Position
Description of
Total
of Reportable Persons and
Consideration
Amount
Amount Benefiting Each
of Activity
If more space is needed, check box and attach TOTAL SECTION C (Activity Expenses)
$ 0.00
continuation sheets. Also enter the total of Section C on Line C of
the Summary of Payments section on page 1.
D. OTHER PAYMENTS TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION
[] NOTE: State and local government agencies do not complete this section. Check box and complete
Attachment Form 640 instead.
g 0.00
1. PAYMENTS TO LOBBYING COALITIONS (NOTE: You must attach a completed
Form 630 to this Report.) 0.00
2. OTHER PAYMENTS TOTAL SECTION
D (1 + 2) Also
$ 0.00
enter the total of
Section D on Line
D of the Summary
of Payments
section on page 1.
E. PAYMENTS IN CONNECTION WITH ADMINISTRATIVE TESTIMONY 1N RATEMAKING PROCEEDINGS
$ 0.00
BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION Also, enter the total of Section Eon Line E of the
Summary of Payments section on page 1. (See instructions on reverse.)
0
PERIOD COVERED: n2/n112nn3 03131/2nn3
NAME OF FILER: HUNTINGTON BEACH CITY OF
4/5
PART IV-- CAMPAIGN CONTRIBUTIONS MADE (Monetary and non -monetary campaign contributions of $100 or more
made to or on behalf of state candidates, elected state officers and any of their controlled committees, or committees supporting such
candidates or officers must be reported in A or 8 below.)
A. If the contributions made by you during the period covered by this report, or by a committee you sponsor, are contained
in a campaign disclosure statement which is on file with the Secretary of State, report the name of the committee and its
identification number, if any, below.
Name of Major Donor or Recipient Committee Which Identification Number if
Has Filed A Campaign Disclosure Statement: Recipient Committee:
B. Contributions of $100 or more which have not been reported on a campaign disclosure statement, including contributions
made by an organization's sponsored committee, must be itemized below.
Date
Name of Recipient
I.D. Number if
Committee
Amount
ElIf more space is needed, check box and attach continuation sheets.
NOTE: disclosure in this report does not relieve a filer of any obligation to file the campaign
disclosure statements required by Gov. Code Section 84200, et seq.
TEXT ANNOTATION
PAGE 1
Schedule F635 Reference No:
AB1 AB13 3A835 AB41ggA789o2 AB94 A8128 A6136 AS 137 AB189 A8 274 A8322 A8427 AB431 AB496 A8498 AB572 AB608 -
SB414 SB764 SBX13 SCA9 AB783 AB1073 AB1324 ABX14 ACA10 ACA11 SB17 SB20 SB21 SB100 S8103 SB157 SB407 -
,l2PDF Versi.0-9
4+4 0
ADVOCA- ON,
April 17, 2003
Ms. Pat Dapkus
City of Huntington Beach
Assistant City Administrator
2000 Main Street
Huntington Beach, CA 92648
RE: 1 st Quarter 2003 Lobbying Information
Dear Ms. Dapkus:
RECEIVED
APR 2 3 2003
CITYOFHUNTtt4(�TOgEgCH
ADM IN1STRATIO�v O,FFICE
The lst Quarter 2003 "Report of Lobbyist Employer," Form 635, must be filed
electronically with the California Secretary of State by April 30, 2003. Advocation is
providing you with the following information to assist your electronic filing vendor in the
preparation of this form:
Pavments to Advocation. Inc. Durine Januarv. February & March 2003:
Your Check Date Quarter Paid Fees Expenses
12/27/02 1 St 4,583.00 10.01
(*check if it was reported on your 4th quarter of 2002-if not add to totals below)
1 /31 /03 1 St 4,583.00 12.47
2/28/03 1 St 6,668.00
78.18
3/28/03 1 St 5,000.00
292.85
Total Fees: 16,251.00*
Total Expenses:
383.50*
Grand Total:
16,634.50*
1121 L Street, Suite 610, Sacramento, CA 95814 www.advocation-inc.com Tel: 916.447.8229
Fax :916.447.3447
April 8 , 2003
Page Two
Legislation or Agency Actions Actively Lobbied During January, February or
March, 2003
Bills: AB 1, 35, 41, 92, 128, 136, 137, 189, 274, 322, 332, 334, 427, 431, 496, 498,
499, 572, 608, 637, 783, 1073, 1324, ACA 10, ACA 11, SB 17, 93, 103, 157, 196, 407, 497, 498„
500, 501, 522, 526, 764, 1073, Ix3, SCA 2, SCA 9
Issues/Agency: none
In an effort to provide this information in a timely fashion, listed above are all payments
received by Advocation as of March 31, 2003. It is possible that you have made
additional payments to Advocation that were not received in our office by March 31 ",
and, therefore, are not listed above. Please be reminded that any of your checks dated in
January, February or March 2003 must be added to the above information and reported
on your 1 st quarter Form 635.
If you have any questions regarding the above information, please do not hesitate to call.
Sincerely,
Celeste H. Heritage
Vice President
J;, & CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: October 30, 2001
TO: The Ferguson Group, LLC ATTENTION: William Ferguson, CEO
Name
1130 Connecticut Ave. , N.W. , Ste 300 DEPARTMENT:
Street
Washington, D.C. 20036 REGARDING: Professional Services
City, State, Zip
Contract re: Intergovernmental
Affairs Program
See Attached Action Agenda Item E-16 Date of Approval 10/ 15/01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
/ Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
x Agreement
x
Bonds
Insurance
waiver
RCA
Deed
Other
CC: W.
Workman
Admin.
x
x
waiver
Name
Department
RCA
Agreement
Insurance
Other
P.
Dapkus
Admin.
x
x
waiver
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
Name
Department
RCA
Agreement
Insurance
Other
C.
Mendoza
Risk Mgmt.
x
waiver
Name
Department
RCA
Insurance
(Telephone: 714-536.5227 )
Council/Agency Meeting Held: a)
Deferred/Continued to:
A proved ❑ Con ionally Approved ❑ Denied.
I
City Clerk's ig ature
Council Meeting Date: October 15, 2001
Department ID Numbe :
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
—s _ir7
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS;;
SUBMITTED BY: RAY SILVER, City Administratorarr 49
n
PREPARED BY: WILLIAM P. WORKMAN, Assistant City Administrator v
SUBJECT: Approval Renewal of the Contract with the Ferguson Group
Federal Funding Acquisition Assistance
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Renewal of the contract with the Ferguson Group for an additional two
years for professional services related to the acquisition of Federal funds for priority projects
within the City.
Funding Source: Funds for the Contract have been budgeted in the 2001-03 fiscal years
budget under General Fund, Non -Departmental Account #10030201.69365. The total cost
for this contract is not to exceed $76,000 per year or $152,000 for two years.
Recommended Action:
MOTION
Approve the attached draft agreement for professional services between the City of
Huntington Beach and the Ferguson Group for the of purpose of assisting the City in the
acquisition of Federal funds for priority projects within the City, and authorize the Mayor
and City to Clerk to execute the agreement in substantially the same form subject to final
approval by the City Attorney and the City Administrator.
Alternative Action(s):
Do not approve the amendment and direct staff accordingly.
*QUEST FOR COUNCIL ACTON
MEETING DATE: October 15, 2001
Analysis:
DEPARTMENT ID NUMBER:
The Ferguson Group has played a significant role in the City's outside funding effort at the
Federal level during the past two years. They were instrumental in the inclusion of the
following items in Federal legislation:
Fiscal Year 2000
• Coastal Bluffs
$300,000
• Central Park Soil Remediation
$350,000
• Water and Sewer Infrastructure
$1 million
• Intelligent Transportation System
$1 million
• Senior Buses
$200,000
Fiscal Year 2001
• Coastal Bluffs $211,000
• Intelligent Transportation System $1.25 million
• Water and Sewer Infrastructure $1.25 million
• Water Resources Development Act of 2000 includes:
1. Section 205 waiver from cubic feet per second eligibility to qualify for federal flood
control improvement funding; and
2. Section 219 Environmental Infrastructure authorization to make improvements to
the City's water and wastewater infrastructure
Their Activity Report for September is attached as Attachment #2.
A request for proposal was sent out to eight firms that currently represent other California
cities in Washington, D.C. (A list of firms solicited is attached as Attachment #3) Responses
were received from five firms. The Council Intergovernmental Relations Committee reviewed
and evaluated the proposals. The Committee is recommending that the City remain with the
Ferguson Group for the following reasons:
• They have developed an excellent working relationship with our Congressman's office.
• They have a proven ability to gain access to the legislators' staff and key staff in
relevant agencies.
• Their approach to identifying and seeking funding for the City has been proactive; not
only seeking sources of funding for the city's stated priorities but also bringing funding
opportunities of potential interest to our attention.
• They have worked at maintaining an interactive relationship with the staff and the
Intergovernmental Relations Committee, and
• The cost for their service is very competitive when compared with the other bids
received.
Environmental Status: N/A
Ferguson Contract RCA - 2001 -2- October 5, 2001 1:29 PM
SQUEST FOR COUNCIL AC7&
MEETING DATE: October 15, 2001
Attachment(s):
RCA Author: P.Dapkus
DEPARTMENT ID NUMBER:
1. I The Ferguson Group Contract
2. September Status Update from Ferguson
3. 1 List of firms receiving our Request for Proposal
Ferguson Contract RCA - 2001 -3- October 5, 2001 1:29 PM
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
Table of Contents
Scopeof Services.....................................................................................................I
DesignatedContacts.................................................................................................3
Timeof Performance...............................................................................................4
Compensation..........................................................................................................4
ExtraWork...............................................................................................................4
Methodof Payment..................................................................................................4
Disposition of Plans, Estimates and Other Documents...........................................6
HoldHarmless.........................................................................................................6
Independent Contractor............................................................................................7
Termination..............................................................................................................
7
Assignment and Subcontracting...............................................................................7
Copyrights/Patents...................................................................................................7
CityEmployees and Officials..................................................................................8
Notices.....................................................................................................................8
Modifications...........................................................................................................8
SectionHeadings.............................................................................9
Interpretation of this Agreement..............................................................................9
DuplicateOriginal....................................................................................................9
Immigration..............................................................................................................10
Legal Services Subcontracting Prohibited...............................................................10
Attorney's Fees.........................................................................................................10
GoverningLaw.......................................................................................................10
Entirety.....................................................................................................................
I I
•
•
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this 15th day of
October 2001, by and between the City of Huntington Beach, a municipal corporation
of the State of California, hereinafter referred to as "CITY," and The Ferguson Group, LLC, a District
of Columbia limited liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
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C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to the Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs, (2) meeting with CITY staff to discuss specific grant applications and
(3) obtaining copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY staff to develop CITY's goals and objectives,
a Federal agenda and an action plan for achieving priorities that most effectively
and appropriately meets CITY's legislative needs, but also incorporates
expectations for legislative and regulatory opportunities in Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
M. Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
Page 2ofII
Olagree/Ferguson Group/jmf/jn/10/8/01
P-J
•
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
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01agree/Ferguson Group/jmfJn/10/8/01
3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT's services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner terminated as provided for
herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty -Two Thousand Dollars ($152,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
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0 1 agree/Ferguson Group/jmf/jn/10/8/01
•
•
4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement.
5) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement has expired or is terminated as provided herein.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
Page 5 of 1 I
01agree/Ferguson Group/jmf/jn/10/8/01
r�
•
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps, memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
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01agree/Ferguson Group/jmf/jn/10/8/01
9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated, assigned or subcontracted by CONSULTANT to any other person or entity without the
express prior written consent of CITY.
12. 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.
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13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
16. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
Page 8 of 11
0 1 agree/Ferguson Group/jmf/jn/10/8/01
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
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19. 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.
20. 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.
21. ATTORNEY'S FEES
Except as expressly set forth in Section 8 of this Agreement, in the event suit is
brought by either party to construe, interpret and/or enforce the terms and/or provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
22. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
THE FERGUSON GROUP, LLC,
a District of Columbia limited liability
company
Lo
print naiWe '
ITS: (circle one) Chairman/President/Vice
President C &Q
AND
By:
-7:1)cxkA,e-/ _Sl. r c c)
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary —Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
N
A, 4�
Mayor
ATTEST:
dmw'�i �
City Clerk jo-3a—o l
APPROVED AS TO FORM:
City Attorney
ko�0l16
71
INITIA^EP AND APPROVED:
Assistant City Administrator
REVIEWED AND APPROVED:
6� 4
City Achirinistrator
Page 11 of 11
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• • RECEIVED
OCT i 8 2nm
CITY OF HUNTINGTON BEACH ClrypFNUNTiNGTON
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICAfq 7-R,4 GTO fB EA
1. Name/Title/Department of Requesting Staff Member Patricia Dapkus
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson Group
4. Description of work to be performed Lobbyist Representing City in Washington, D.C.
5. Value of Contract $154,000 for two years
6. Length of Contract 2 years
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Nature of work will resu l t
in little or no liability risk to the City
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MANAGER /
Approvey Deny Signature/Da
CITY ATTORNEY
Approve Deny Signature/Date
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve Deny Signature/Date
01 reso/in sreq/9/ 18/01
14
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P30FESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
Table of Contents
Scopeof Services.....................................................................................................I
Designated Contacts.......................................................................... 3
......................
Time of Performance...............................................................................................4
Compensation......................................................................................................4
ExtraWork................,.............................................................................................4
Methodof Payment...............................................................................................4
Disposition of Plans, Estimates and Other Documents...........................................6
HoldHarmless ..... .............. \.................................................................................. 6
Independent Contractor.......... \...........................................................................7
Termination............................................................................................................. .
Assignment and Subcontracting...............................................................................7
Copyrights/Patents..................................................................................................7
City Employees and Officials.................................................................................8
Notices....................................................................................................................8
Modifications..........................................................................................................8
Section Headings.............................................................................9
Interpretation of this Agreement .............................................................................9
Duplicate Original ...............................................\... 9
.................................................
Immigration...........................................................................................................10
Legal Services Subcontracting Prohibited..............................................................10
Attorney's Fees.........................................................................................................10
Governing Law and Venue ............................................. .....................................10
Entirety................................................................................................................. I I
•
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE FERGUSON GROUP, LLC TO ASSIST THE CITY IN ITS
INTERGOVERNMENTAL AFFAIRS PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this day of
2001, 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, LLC, a District of
Columbia limited liability company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist CITY in its
intergovernmental affairs program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide assistance to CITY in its intergovernmental affairs
program. To accomplish this goal, at a minimum, CONSULTANT shall provide all the following
services:
A. Assist CITY officials and staff to identify funding opportunities and priorities
through meetings and discussions with the Federal agencies, and develop
strategies to achieve the identified funding opportunities and priorities,
concentrating first on opportunities and priorities with the greatest chance of
success.
B. Assist in the preparation of funding requests to Congress and the Federal
agencies, including what programs to target and how to properly word and
format the request to meet criteria of the targeted program.
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C. Work with CITY's Federal legislative delegation, the Federal executive branch,
and key committees and agencies to generate support for the identified funding
opportunities and priorities.
D. Provide specialized assistance in expediting and processing grant applications
submitted to Federal agencies, including (1) assisting CITY with submitting
grant applications before deadlines and answering questions regarding the grant
programs and (2) meeting with CITY staff to discuss specific grant applications
and obtain copies of previous successful applications for the CITY's review.
E. When CITY's grant application is successful, work with the appropriate Federal
agencies and CITY to expedite release of funding.
F. If CITY does not receive the grant, work with CITY to determine the strengths
and weaknesses of the application and with CITY staff to improve its application
for the next round of funding.
G. Work with City Council and CITY's staff to develop CITY's goals and
objectives, a Federal agenda and an action plan for achieving priorities that most
effectively and appropriately meets CITY's legislative needs, but also
incorporates expectations for legislative and regulatory opportunities in
Congress.
H. Develop strategies consistent with CITY's Federal agenda for accomplishing
defined goals and objectives.
I. Continuously advise City Council and CITY staff on pending and proposed
legislation and the type of contact and timing for contact that is most appropriate
with key decision makers, including the timing and nature of direct contacts with
Congress and the Administration.
J. Work with CITY elected officials and staff to identify an appropriate time for
travel to Washington, D.C. to present CITY's agenda to the California State
Congressional delegation, as well as key committees and Federal agencies.
K. Work with CITY staff on arranging travel accommodations in order to make the
trip as convenient as possible.
L. Schedule all meetings, brief CITY officials on the schedule and approach for
each meeting, prepare all materials necessary for a productive meeting and
presentation, and attend all of the meetings in order to maximize the benefits of
CITY's expertise for each meeting.
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M. Act as liaison with the California Congressional delegation, as well as facilitate
meetings with other key members of Congress, Congressional staff, and Federal
agency officials, and facilitate good working relationships between CITY and
CITY's Federal legislative delegation.
N. Assist, where requested, in monitoring Federal regulatory and legislative
developments that may affect the interests of CITY, and work, where requested,
to enhance CITY's position on Federal regulatory and legislative issues.
O. Provide support, where requested, to requests brought to City Council or CITY's
Intergovernmental Relations Committee by CITY departments which require
contact with a government agency outside CITY.
P. Provide general support including preparation of testimony, letters, briefing
papers, and presentations and coordination of meetings and appointments with
legislators and key government officials.
Q. Prepare briefing sheets, talking points, and any other materials needed for
meetings, and assist in the preparation of testimony before Congressional
hearings.
R. Draft support letters, letters of request for assistance, and all other support
materials needed to ensure the success of goals and objectives.
S. Review and report on all pertinent, pending legislation and regulations, including
all prelegislative session committee meetings, hearings and conferences.
T. Attend all relevant industry meetings in Washington in order to provide up to the
minute knowledge (and advanced information when available) of Federal
legislative and regulatory initiatives.
U. Actively participate in the ongoing legislative process to ensure that goals and
objectives are met and the desired level of Federal funding is secured.
V. Report regularly to designated CITY officials and staff, and provide periodic
written, verbal, and electronic reports.
2. DESIGNATED CONTACTS
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement. CONSULTANT hereby designates William Ferguson, its CEO, who
shall be its primary contact and agent in all consultations with CITY with regard to this Agreement.
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01agree/Ferguson Group/jmf/jn/8/15/01
3. TIME OF PERFORMANCE
Time is of the essence of the Agreement. CONSULTANT's services are to commence
on October 1, 2001 and continue through September 30, 2003, unless sooner as provided for herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay
CONSULTANT a fee not to exceed Six Thousand Dollars ($6,000.00) per month plus out-of-pocket
expenses not to exceed Four Thousand Dollars ($4,000.00) per each year of the Agreement. The total
compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement
shall not exceed One Hundred Fifty-two Thousand Dollars ($152,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Section 1, or changes
in the scope of services described in Section 1, CONSULTANT will undertake such work only after
receiving written authorization from CITY. Additional compensation for such extra work shall be
allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to monthly payments for work actually
done pursuant to this Agreement.
B. CONSULTANT shall submit to CITY an invoice for each payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed by CONSULTANT;
3) Show the total amount of the payment due;
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LJ
•
4) Include a certification by a principal member of CONSULTANT's
company that the hours worked were in accordance with the
provisions of this Agreement and the applicable Addendum(s).
5) For all payments, include an estimate on the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making progress toward completion of the tasks in accordance with this Agreement and is satisfied
with CONSULTANT's work, CITY shall approve the invoice, in which event payment shall be
made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in
writing of the reasons for non -approval, and CONSULTANT's work may be suspended at the
option of CITY 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.
C. Any billings for extra work or additional services authorized in writing by
CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information
required above. 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 and the work performed is acceptable. 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.
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0
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, computer code, language, data
or programs, maps, memoranda, letters and other documents, shall belong to CITY, and shall be
turned over to CITY upon termination of each CONSULTANT employee, or upon termination of
this Agreement, whichever shall occur first. In the event this Agreement is terminated, said
materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against
any and all claims, damages, losses, expenses, judgments, demands, defense cost (including, without
limitation, costs and fees of litigation of every nature or liability or any kind or nature) arising out of
or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as limitation
upon the amount of indemnification to be provided by CONSULTANT.
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9. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its 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.
10. TERMINATION
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. Any
termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered
to CONSULTANT as provided herein. In the event of termination, all finished and unfinished
documents, exhibits, report, and evidence shall, at the option of CITY, become its property and
shall be delivered to it by CONSULTANT.
11. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the work hereunder shall not be
delegated or subcontracted by CONSULTANT to any other person or entity without the express
prior written consent of CITY.
12. 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.
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13. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
14. NOTICES
All notices, certificates, or other communications hereunder shall be sufficiently
given and shall be deemed received when (a) personally delivered; or (b) three (3) business days
after being deposited in the United States mail in registered form with postage fully prepaid; or
(c) one (1) business day after being sent by reputable overnight courier, in each case to the
addresses specified below; provided that CITY and CONSULTANT, by notice given hereunder,
may designate different addresses to which subsequent notices, certificates, or other
communications will be sent:
TO CITY:
City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15. MODIFICATIONS
TO CONSULTANT:
William Ferguson, CEO
The Ferguson Group, LLC
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
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16. SECTION HEADINGS
The titles, captions, section, paragraph, subject headings and descriptive phrases at
the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
17. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
18. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
Page 9 of 11
Olagree/Ferguson Group/jmf/jn/8/15/01
•
•
date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an
originally signed copy hereof. Each duplicate original shall -be deemed an original instrument as
against any party who has signed it.
19. 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.
20. 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.
21. ATTORNEY'S FEES
Except as expressly set forth herein, in the event suit is brought by either party to
enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each
party shall bear its own attorney's fees.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and any and
all actions initiated under or as a result of this Agreement shall be brought solely and exclusively in
a court of competent jurisdiction in the County of Orange, State of California and no other court.
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23. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing between the parties respecting to subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
THE FERGUSON GROUP, LLC, CITY OF HUNTINGTON BEACH, a
a District of Columbia limited liability municipal corporation of the State of California
company
Mayor
LOW
print name ATTEST:
ITS: (circle one) Chairman/President/Vice
President
City Clerk
AND
APPROVED AS TO FORM:
By:
print name qPity
Attorney
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary —Treasurer
INITIATED AND APPROVED:
Assistant City Administrator
REVIEWED AND APPROVED:
City Administrator
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CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department of Requesting Staff Member Patricia Dapkus
2. Date of Request Sept. 24, 2001
3. Name of Contractor/Permittee The Ferguson Group
4. Description of work to be performed Lobbyist Representing City in Washington, D.C.
5. Value of Contract $154,000 for two years
6. Length of Contract 2 wears
7. Type of Waiver or Modification Requested: Professional Liability
8. Reason for Request for Waiver or Reduction of Limits Na ire of wo k wi 1 1 rPGiil t
in little or no liabilitv risk to the Citv
9. Identify the risks to the City if this request for waiver or modifications granted None
RISK MANAGER /
Approve ✓ Deny Signature/Da e l( o l
CITY ATTORNEY
Approve )/Deny Signature/Date �� / /4'/ 3
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator.)
CITY ADMINISTRATOR
Approve Deny Signature/Date / / /
01 reso/insreq/9/18/01
14
ITEM
DESCRIPTION
UPDATE**
1
Sewer Pump
Secure $2.2 million from
The House passed the FY 2002 VA -HUD -
Station
EPA's State and Tribal
Independent Agencies Appropriations bill
Assistance Grant Account
(HR 2620) on July 31". The House did not
in the FY 2002 VA -HUD-
include projects in their bill. They are
Independent Agencies
expected to do so during the House -Senate
Appropriations bill for the
Conference. The Senate passed their version
planning, design &
of the bill on August 2°d' which does not
construction of a major
include funding for this project.
sewer pump station.
The Ferguson Group is working with the
delegation and committee staff to see that
this project is included during Conference.
2
Coastal Bluff
Secure $1.5 million from
The House passed the FY 2002 Energy and
Erosion
the U.S. Army Corps of
Water Appropriations bill (HR 2311) on June
Engineer's General
28'. The House provided $400,000 for this
Investigations Account in
project. The Senate passed their version of
the FY 2002 Energy and
the bill on July 19`h, which includes $400,000
Water Development
for the project.
Appropriations bill for
technical assistance to
This project is a non-conferenceable item and
stabilize the Coastal Bluff.
will be in the final bill.
3
Flood Control
Secure $1 million from the,
The House passed the FY 2002 Energy and
Facility
U.S. Army Corps of
Water Appropriations bill (HR 2311) on June
Improvements
Engineer's Small Flood
28`h. The House provided $100,000 to
Control Account (Section
initiate a feasibility study. The Senate
205) in the FY 2002 Energy
passed their version of the bill on July 19",
and Water Development
which does not include funding for this
Appropriations bill to
project.
replace deficient facilities
and equipment in drainage
The Ferguson Group is working with the
pump stations and add new
delegation and committee staff to see that the
pumping units in existing
House -passed level of $100,000 is
empty pump bays.
maintained during the House -Senate
Conference.
4
ITS
Secure $1.5 million from
The House passed the FY 2002
the Federal Highway
Transportation Appropriations bill (HR
Administration's Intelligent
2299) on June 26`h. The Senate passed their
Transportation Systems
version of the bill on August 15`. Neither
Program in the FY 2002
chamber provided funding for this project.
Transportation
Appropriations bill to
The Ferguson Group is working with the
expand the system.
delegation and committee staff to see if there
is a possibility to have the project included
during the House -Senate Conference.
5
Edinger
Secure $8 million from the
See ITEM 4 above
Corridor
Federal Aid Highway
Improvements
Program in the FY 2002
Transportation
Appropriations bill to
widen roadways, upgrade
traffic signals, improve
interconnection/coordinatio
n, underground utilities,
and landscaping.
6
Sewer &
Secure $1 million from the
The House passed the FY 2002 Energy and
Drainage
U.S. Army Corps of
Water Appropriations bill (HR 2311) on June
Infrastructure
Engineer's General
28"'. The Senate passed their version of the
Improvements
Investigations Account in
bill on July 19`h. Neither chamber provided
the FY 2002 Energy and
funding for this project.
Water Development
Appropriations bill to plan
The Ferguson Group is working with the
and design sewer and
delegation and committee staff to see if there
drainage infrastructure
is a possibility to have the project included
projects.
during the House -Senate Conference.
7
Oak View
Secure $1 million from
See ITEM 1 above
Neighborhood
HUD's Economic
Center
Development Initiative in
the FY 2002 VA -HUD -
Independent Agencies
Appropriations bill to
expand the Center.
8
Aquatic
Secure $650,000 from the
The House passed the FY 2002 Energy and
Restoration
U.S. Army Corps of
Water Appropriations bill (HR 2311) on June
Program
Engineer's Aquatic
28`h. The House provided $500,000 for this
Restoration Program
project. The Senate passed their version of
(Section 206) for technical
the bill on July 19'b, which does not include
assistance.
funding for this project.
The Ferguson Group is working with the
delegation and committee staff to see that the
House -passed level of $500,000 is
maintained during the House -Senate
Conference.
Miscellaneous:
■ The City has not sought assistance from The Ferguson Group to follow up on any Federal
grants at this time.
** Due to the recent tragic events and the two religious holidays in the month of
September, Congress had a limited work schedule. However, lawmakers are expected
to move forward on the remaining appropriations bills and pending legislation in
October.
2
Paul Alcalde Rousselot & Fay 2111 Wilson Blvd #850 Alexandria VA 122201-3051 (703) 841-0626
Schiesiger
Cassidy & Associates 700 13th Street Washington, DC 20005 (202) 638-7467
Northwest
Jeff Copeland, Lowry & Jacquez 1341 G Street Washington D.C. 20005 (202) 347-5990
Shockey Northwest
David Turch & Assoc. 517 2nd Street Washington D.C. 20002 (202) 543-3744
Northeast
E. Del Smith & Co
1130 Conn Avenue
Washington,
DC
20001
(202) 822-8300
Northwest,
Enviro Communications
P. O. Box 741, CA
Corona Del
CA
92625-0741
(949) 499-9273
Mar
Charmayne
Ferguson Group, LLC
1130 Connecticut Ave.,
Washington
D.C.
20036
(202) 331-8500
Macon
N.W. , Suite 300
Chris
Townsend Public Affairs
2699 White Road,
Irvine
CA
92614
(949) 339-9050
Townsend
Suite 150
n
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RQUEST FOR COUNCIL AC1ft �3NC g 3'03
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:
Analysis:
The Ferguson Group has played a significant role in the City's outside funding effort at the
Federal level during the past two years. They were instrumental in the inclusion of the
following items in Federal legislation:
Fiscal Year 2000
• Coastal Bluffs $300,000
• Central Park Soil Remediation $350,000
• Water and Sewer Infrastructure $1 million
• Intelligent Transportation System $1 million
• Senior Buses $200,000
Fiscal Year 2001
• Coastal Bluffs 1 $211,000
• Intelligent Transportation System $1.25 million
• Water and Sewer Infrastructure $1.25 million
• Water Resources Development Act of 2000 includes:
1. Section 205 waiver from cubic feet per second eligibility to qualify for federal flood
control improvement funding; and
2. Section 219 Environmental Infrastructure authorization to make improvements to
the City's water and wastewater infrastructure
Their Activity Report for September is attached as Attachment #2.
A request for proposal was sent out to eight firms that currently represent other California
cities in Washington, D.C. (A list of firms solicited is attached as Attachment #3) Responses
were received from five firms. The Council Intergovernmental Relations Committee reviewed
and evaluated the proposals. The Committee is recommending that the City remain with the
Ferguson Group for the following reasons:
• They have developed an excellent working relationship with our Congressman's office.
• They have a proven ability to gain access to the legislators' staff and key staff in
relevant agencies.
• Their approach to identifying and seeking funding for the City has been proactive; not
only seeking sources of funding for the city's stated priorities but also bringing funding
opportunities of potential interest to our attention.
• They have worked at maintaining an interactive relationship with the staff and the
Intergovernmental Relations Committee, and
• The cost for their service is very competitive when compared with the other bids
received.
Environmental Status: N/A
Ferguson Contract RCA - 2001 -2- October 5, 2001 1:29 PM
RCA OUTING ?HEET
INITIATING DEPARTMENT:
Administration
SUBJECT:
Renewal of Contract for the Ferguson Group
COUNCIL MEETING DATE:
October 15,2001
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) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING A°TTACHM'ENTS
RCA Author: