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Ferguson Group, LLC - 2007-11-19
Council/Agency Meeting Held: Deferred/Continued to: c, ,� pr vj 's igna e Council Meeting Date: August 6, 2012 Department umber: AD 12-014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Paul Emery, Deputy City Manager SUBJECT: Approve and authorize execution of Amendment #3 to the contract between the City and the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the City and related legislative issues Statement of Issue: The City Council is asked to approve Amendment # 3 to the contract with the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the city and related legislative issues. Financial Impact: Funds for the contract are included in the proposed 2012-13 year budget under the City Manager's General Fund Account #10030201.69365. Recommended Action: Motion to: A) Approve waiving Municipal Code Section 3.03.120, prohibiting the extension of an agreement beyond three years; and, B) Authorize the Mayor and City Clerk to execute "Amendment # 3 to Agreement between the City of Huntington Beach and the Ferguson Group, LLC" for a one year period with the option for a one year extension. Alternative Action(s): Do not approve the amendment to the agreement and direct staff accordingly. Item 9. - I HB -208- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: AD 12-014 Analysis: The Ferguson Group has represented the city as our lobbyist in Washington D.C. for several years and has continued to play a significant role in the City's outside funding efforts at the federal level. In addition, during the time the Ferguson Group has worked for the city, they have developed an excellent working relationship with our Congressional and Senate offices. The Ferguson Group has proven their ability to gain access to the legislative staff and key staff in relevant agencies and have repeatedly shown an ability to identify and obtain funding for the city. City staff has had discussions with the Ferguson Group to explore an extension to the agreement that includes a reduction in the annual cost. During the last two year term of the agreement the cost for these professional services was $75,000 annually. This proposed extension further reduces the cost of these services to $66,000 annually, a 12% reduction in the fee. This contract amendment was reviewed by the City Council Intergovernmental Relations Committee and it was requested that we present this item to Council with their recommendation for approval. In order to extend the agreement beyond the code required three years without repeating the request for proposal process, the Council is requested to waive Municipal Code section 3.03.120 prohibiting the extension of an agreement beyond three years. Staff and the Intergovernmental Relations Committee recommend the extension of the agreement due to the outstanding efforts of the Ferguson Group, the continuity of service they provide and the cost savings that have been proposed. Environmental Status: N/A Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): 1. 1"Amendment #3 to Agreement Between the City of Huntington Beach and the Ferguson Group, LLC" xB -209- Item 9. - 2 Item 9. - 3 HB -210- AMENDMENT NO.3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC THIS AMENDMENT NO. 3 is made and entered into the a� day of GL.0 % 2012, 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 November 19, 2007, entitled "Professional Services Contract Between The City Of Huntington Beach And The Ferguson Group, LLC, For Federal Lobbyist Services," which agreement shall hereinafter be referred to as the "Original Agreement;" and Subsequent to execution of the Original Agreement, the parties have entered into two previous Amendments, dated September 8, 2009 and October 18, 2010, which amended both the compensation and term of the Original Agreement; and City and Consultant wish to enter into this Amendment No. 3 to the Original Agreement to modify the compensation to be paid to Consultant and to extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION Effective October 1, 2012, City agrees to pay Consultant a total fee not to exceed Sixty -Six Thousand Dollars ($66,000.00) per year, billed in advance monthly installments of Five Thousand Five Hundred Dollars ($5,500.00), plus out-of-pocket expenses not to exceed One Thousand Five Hundred Dollars ($1,500.00) per year. 12-3403/81706.doc I 2. TERMINATION The Original Agreement shall terminate on September 30, 2013 unless sooner terminated as provided therein. 3. EXTENSION Upon subsequent mutual written agreement of the parties, the Original Agreement may be extended for an additional one year period, upon the terms and conditions herein approved. The City Manager of City is hereby delegated the authority to approve such additional one year extension on behalf of City. 4. 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. THE FERGUSON GROUP, LLC a limited lia ility 71t;2- By: kll� print name ITS: (circle one) Chairman/ iden ice President/ Member -Manager I,f�iT�7 print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer / Member -Manager City Clerk Od ly- APPOVED AS TO FO Ci Attorney 12-3403/81706.doe 2 City ®f Huntington Beach. 2000 Main Street s Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov Office of the City Clerk .Joan L. Flynn, City Clerk August 8, 2012 The Ferguson Group Attn: William Ferguson, Jr. 1130 Connecticut Ave., Ste. 300 Washington DC 20036 Dear Mr. Ferguson: Enclosed for your records is a fully executed duplicate original of "Amendment No. 3 to Agreement Between the City of Huntington Beach and The Ferguson Group, LLC." Sincerely, Joa L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:ag-mtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand Council/Agency Meeting Held: Q / 1ow/(D Deferred/Continued to: E Council Meeting Date: October 18, 2010 "s Sig Department ID Number: AD10-030 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Paul Emery, Deputy City Administrator SUBJECT: Approve, authorize execution and a 2 year extension of Amendment #2 to the contract between the City and the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the City and related legislative issues Statement of Issue: The City Council is asked to approve Amendment # 2 to the contract with the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the city and related legislative issues. Financial Impact: Funds for the contract have been budgeted in the 2010-11 fiscal year budget under the City Administrator's General Fund Account # 10030201.69365. Recommended Action: Motion to: A) Approve waiving Municipal Code Section 3.03.120, prohibiting the extension of an agreement beyond three years; and, B) Authorize the Mayor and City Clerk to execute "Amendment #2 to Agreement Between the City of Huntington Beach and the Ferguson Group, LLC" for a two year period. Alternative Action(s): Do not approve the amendment to the agreement and direct staff accordingly. - Item 8. Page REQUEST FOR COUNCIL ACTION MEETING DATE: 10/18/2010 DEPARTMENT ID NUMBER: 10-30 Analysis: The Ferguson Group, LLC has represented the city as our lobbyist in Washington D.C. for several years and has played a significant role in the City's outside funding efforts at the federal level. In 2007, the City went through an extensive request for proposal process and selected the Ferguson Group LLC as the City's lobbying firm on federal issues. The term of the original contract was for three years, 2007-08 through 2009-10. In September of 2009, the City Council approved an amendment to the agreement reducing the annual cost for the Ferguson Group's services from $103,876 to $89,005, a reduction of 14.3%. City staff has had discussions with the Ferguson Group to explore an extension to the original agreement that includes an additional reduction in the annual cost. The Ferguson Group has proposed an amendment to the agreement to extend services for an additional two years and reduce the annual cost of services to $75,000, a reduction of 15.7% from 2009-10. During the time the Ferguson Group has worked for the city, they have developed an excellent working relationship with our Congressional and Senate offices. The Ferguson Group has proven their ability to gain access to legislative staff and key staff in relevant federal agencies and the ability to identify and obtain funding for the city. In order to extend the contract beyond the code required three years without repeating the request for proposal process, the Council is requested to waive Municipal Code section 3.03.120 prohibiting the extension of an agreement beyond three years. This item was originally agendized for the City Council's Intergovernmental Relations Committee meeting of September 25, 2010, however that meeting was cancelled due to a lack of a quorum. Staff is recommending extension of the agreement due to the outstanding efforts of the Ferguson Group in addition to the cost savings that have been proposed. Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1. 1Amendment #2 to Agreement Between the City of Huntington Beach and The Ferguson Group, LLC Item 8. 2•-100- .I - _ - - � t I` e r � � 4 II 4 e "z -_ 1 -_ i i `- _._ AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC THIS AMENDMENT NO. 2 is made and entered into the r - day of , 2010, 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 November 19, 2007, entitled "Professional Services Contract Between The City Of Huntington Beach And The Ferguson Group, LLC, For Federal Lobbyist Services," which agreement shall hereinafter be referred to as the "Original Agreement;" and Subsequent to execution of the Original Agreement the parties entered into Amended Agreement No. 1 dated September 8, 2009, which amended both the compensation and terra of the Original Agreement; and City and Consultant wish to enter into this Amendment No. 2 to the Original Agreement to modify the compensation to be paid to Consultant and to extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION Effective October 1, 2010, CITY agrees to pay CONSULTANT a total fee not to exceed Seventy Three Thousand Five Hundred Dollars ($73,500.00) per year, billed in advance monthly installments of Six Thousand One Hundred Twenty Five Dollars ($6,125.00), plus out- of-pocket expenses not to exceed One Thousand Five Hundred Dollars ($1,500.00) per year. The total additional compensation, including out-of-pocket expenses, to be paid to 07-1294.002/53178 1 CONSULTANT pursuant to this Amendment shall not exceed One Hundred Fifty Thousand Dollars (150,000.00). 2. TERMINATION The Original Agreement shall terminate on September 30, 2012 unless sooner terminated as provided therein. 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. THE FERGUSON GROUP, LLC a limited liability company By: 6 . L L—XbE,4c t- %AA P-1 print name ITS: (circle one) Chairm esiden ice President/ Member -Manager AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer / Member -Manager CITY OF HUNTINGTON BEACH, a munici al corporation of the State of Calif a Mayor City Clerk INITIATE)), REVIEWED AND APPROV tY Administrator APPROVED AS TO FORM: ZTity Attorney /P q-to 07-1294.002/53178 2 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC October 21, 2010 The Ferguson Group Attn: William Ferguson, Jr. 1130 Connecticut Ave., Ste. 300 Washington DC 20036 Dear Mr. Ferguson Enclosed is a duplicate original of Amendment #2 to the Agreement between the City of Huntington Beach and The Ferguson Group, LLC. Sincerely, ill an L. Flynn City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) Council/Agency Meeting Held: Deferred/Continued to: Ap ve 0 Conditionally Approved ® Denied (�&City rk ignatur Council Meeting Date: 9/8/2009 Departme ID Number: AD 09-020 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO CIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: Patricia A. Dapkus, Administrive Anal t, Sr. SUBJECT: APPROVAL OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City Council is asked to approve Amendment No.1 to the contract with the Ferguson Group, LLC 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 2009-10 fiscal year budget under the City Administrator's General Fund Account #10030201.69365. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute contract Amendment No. 1 to the Agreement between the City of Huntington Beach and the Ferguson Group, LLC. Alternative Action(s): Do not approve the amendment to the agreement and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: AD 09-020 Analysis: The Ferguson Group has represented the city as our lobbyist in Washington D.C. for several years. With the recent down turn in the economy and reductions in the city's revenues, city staff has been requesting that our vendors accept a 10% reduction in their contract. The Ferguson Group has agreed to accept a 10% reduction in their contract. If approved, this amendment will reduce the annual cost for the Ferguson Group's services from $103,876 to $89,005. During the time the Ferguson Group has worked for the city, they have developed an excellent working relationship with our Congressional and Senate offices. The Ferguson Group has proven their ability to gain access to the legislative staff and key staff in relevant agencies and have repeatedly shown an ability to identify and obtain funding for the city. The Ferguson Group also strives to maintain an interactive relationship with city staff and the Intergovernmental Relations Committee. Strategic Plan Goal: Maintain and Enhance our Financial Reserves Environmental Status: N/A Attachment(s): -2- 8/31/2009 9:39 AM AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC ThIiS ADMENT is made and entered into the day of � 2009, by and between the CITY Or HUNTINGTON BEACH, a California municipal corporation, District of Columbia hereinafter referred to as "City," and THE FERGUSON GROUP, LLC, a -C-a4i-f,9r-a-4imite� � liability company, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated November 19, 2007, entitled "Professional. Services Contract Between The City Of Huntington Beach And The Ferguson. Group, LLC, For Federal .Lobbyist Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to change the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and. Consultant as follows: I. AMENDMENT OF SECTIiON 4 Or THE ORIGINAL AGREEMENT ENTITLED "COMPENSATION; EAT.ENTION OF AGREEMENT" Effective October 1, 2009, Section 4 of the Original Agreement, entitled "Compensation; Extension Of Agreement," is hereby amended to read as follows: 4. COMPENSATION-, EXTENSION OF AGREEMENT In considerationof the performance of the services described herein, CITY' agrees to pay. CONSULTANT a fee not to exceed Seven Thousand One Hundred Sixty-seven Dollars ($7,167.00) per month. plus out-of-pocket expenses not to exceed Three Thousand Dollars ($3,000.00) per each year of the Agreement. The total annual compensation, including out-of-pocket expenses, to be paid to CONSULTANT under this Agreement shall not exceed Eighty-nine Thousand Five Dollars ($89,005.04). CITY shall have the option to extend this Agreement up to two (2) additional years. Such option shall be exercised by written Notice of Extension from CITY to CONSULTANT at least forty-five (45) days prior to the expiration 07-1294.001/3 G240.doc date of this Agreement. In the event this Agreement is extended, CONSLTLTANT shall be entitled to the following compensation: First Additional Year: Monthly fee of $7,167,00; out-of-pocket expenses not to exceed$3,000. 00/year Second Additional Year: Monthly fee of $7,167.00; out-of-pocket expenses not to exceed$3,000.00/year. 1 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and e6ect- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. .1 THE FERGUSON GROUP, LLC thP-C4W444a limited li ifity company District of mbia By: print .name ITS: (circle one) Chainnat.VPresi(LnitNice 'resident/ Member -Man. By:u Lo k' ef'nt. name - ITS: (circle one) Smuctary/Chief Financial Offl=/Assl. Secretary —Treasurer / Member -Manager 07-1294,001/,36240.doe 2 CITY OF HUNTINGTON BEA ' CH, a municipal corporation of the State of APPROVED AS TO FORM: orl, City Attorney I INITIATING DEPARTMENT: Administration SUBJECT: Amendment No.1 to the Ferguson Contract COUNCIL MEETING DATE: September 8, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorne) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANAIC N FOR HWING ATTACHMENTS, REVIEWED RETURNED FOR A DED Administrative Staff ) Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: 1 RCA Author: City ®f Huntington each 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK J®AN L. FLYNN CITY CLERK September 14, 2009 The Ferguson Group Attn: William Ferguson, Jr. 1130 Connecticut Avenue, Ste. 300 Washington DC 20036 Dear Mr. Ferguson: Enclosed for your records is a copy of Amendment #1 to the Agreement between the City of Huntington Beach and the Ferguson Group, LLC. Sincerely, an L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) Council/Agency Meeting Held: l% 7 Deferred/Continued to: 'Approved ❑ Conditionally Approved ❑ Denied City erk' Signatu e Council Meeting Date: Nov. 19, 2007 Department ID Number: AD 07-21 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB RS SUBMITTED BY: Council Member Jill Har ?,Chair on behalf of Int r mental Relations Committee Members, and Council Members it h ohr on Hansen PREPARED BY: Patricia Dapkus, Department Analyst Senior SUBJECT: Approve and Authorize Execution of a Con ract wit 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 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: $95,000 was budgeted for this purpose in the 2007-08 fiscal year budget under the City Administrator's General Fund Account #10030201.69365. Recommended Action: MOTION: Approve and authorize the Mayor and City Clerk to execute the contract in the amount not to exceed $94,220 between the city and the Ferguson Group, LLC to assist the city with acquisition of Federal funding and related legislative issues in Washington, D.C. Alternative Action(s): Do not approve the amendment and direct staff accordingly. REQUEST FOR COUNCIL ACTION MEETING DATE: Nov. 19, 2007 DEPARTMENT ID NUMBER: AD 07-21 Analysis: The city Municipal Code 3.03.120 requires that we go out to bid on contract after three years. The City Council has waived this requirement for the past three years. This year in compliance with that code, the Intergovernmental Relations Committee sent out a request for proposals (RFP) to represent the city in Washington, D.C. The RFP was sent to eleven firms. In response they received proposals from four firms. Proposals were received from Capri, Clay, & Smith; the Ferguson Group, David Turch & Associates, and the Van Scoyoc Company. After evaluating the proposals, the committee is recommending that the city remain with the Ferguson Group. Their fee was competitive with the other three firms, and the committee feels they have represented the city well during the past six years. The Ferguson Group has played a significant role in the city's outside funding efforts at the federal level during these years. Specifically, 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 6 $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 a $900,000 for completing of the Alabama Storm Drains (2003) ■ $500,000 for the 17t" Street Storm Drain Upgrades (2004) ® $300,000 for the Wintersberg Project (2004) ® $100,000 for the Senior Center (2005) ■ A $20 Million authorization was placed in the Water Resources Development Act (WRDA) renewal legislation in 2006 (This became a two year bill.) ■ The $20 Million authorization in the WRDA bill was approved by both the House and Senate. Although the President has vetoed the bill, Congress is expected to have sufficient votes to override the veto. Additionally, during the time Ferguson has worked for the city, they have developed an excellent working relationship with our Congressman's and Senators' offices. 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 contract will give Ferguson a five -percent increase this year; and if renewed, each of the next two years. A copy of the activity report for this year is attached as Attachment 3. Strategic Plan Goal: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: N/A Ferguson Contract RCA - Nov. 07 -2- 11/13/2007 10:59:00 AM REQUEST FOR COUNCIL ACTION MEETING DATE: Nov. 19, 2007 DEPARTMENT ID NUMBER: AD 07-21 Attachment(s): 1. The proposed contract with the Ferguson Group 2. Insurance Waiver 3. The city's Federal Activity Agenda for this year with a Status Report 4. Request for Proposals List Ferguson Contract RCA - Nov. 07 -3- 11/13/2007 5:24:00 PM � b \ y ENJT �: �� + : ©° ©� © � .. � ���.�\.: ^��� < , . « � ° ��� « �� � � . . PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FERGUSON GROUP, LLC FOR FEDERAL LOBBYIST SERVICES THIS AGREEMENT ("Agreement") is made and entered into this /9 day of 0 V b 20�, 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 limited liability company, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Federal lobbyist services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates William Ferguson, Jr. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 07-1294l15407.doc 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire twelve (12) months from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than twelve (12) months from the Commencement Date. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION; EXTENSION OF AGREEMENT In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Seven Thousand Four Hundred Thirty Five Dollars ($7,435.00) per month plus out-of-pocket expenses not to exceed Five Thousand Dollars ($5,000.00) 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 Ninety -Four Thousand Two Hundred Twenty Dollars ($94,220.00). CITY shall have the option to extend this Agreement up to two (2) additional years. Such option shall be exercised by written Notice of Extension from CITY to CONSULTANT at least forty-five (45) days prior to the expiration date of this Agreement. In 07-1294/15407.doc 2 the event this Agreement is extended, CONSULTANT shall be entitled to the following compensation: First Additional Year: Monthly fee of $7,807.00; out-of-pocket expenses not to exceed$ 5,2 5 0. 00/year Second Additional Year: Monthly fee of $8,197.00, out-of-pocket expenses not to exceed $5,512.00. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "]B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and 07-1294/15407.doc 3 against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 07-1294/15407.doc 4 B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the 07-1294/15407.doc 5 original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is 07-1294/15407.doc 6 approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach Attn: City Administrator 2000 Main Street Huntington Beach, CA 92648 07-1294/15407.doc 7 TO CONSULTANT: The Ferguson Group Attn: William Ferguson, Jr. 1130 Connecticut Avenue, Ste. 300 Washington, DC 20036 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as 07-1294/15407.doc 9 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 07-1294/15407.doc 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 07-1294/15407.doc 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. THE FERGUSON GROUP, LLC, A limited liability company By:/ v G 4t,-" print name ITS: (circle one) Chairman/Presiden ice President/ Member -Manager AND By: print name ITS: (circle one) Secretary/ hief Financial Office /Asst. Secretary — Treasurer / Member -Manager 07-1294/15407.doc I I CITY GF HUNTINGTON BEACH, a municipal corporation of the State of California INITIAT VIEWED AND APPRO City Ad nistrator APPROVED AS TO FORM: R ?Lt� ( ® 0-1 City Attorney EXHIBIT A SCOPE OF SERVICES 1. Identify potential Federal Government funding opportunities that match the City's funding needs. 2. Develop strategies to achieve the identified priorities, concentrating first on opportunities with the greatest chance of success. 3. Generate support for the City's agenda among members of the California Congressional delegation, key congressional committees, and the Executive Branch. 4. Develop and maintain good working relationships between the City and the California congressional delegation, committee members, federal agencies and through personal meetings, briefing papers, testimony, letters, and direct communication with City officials. 5. Work with City officials in the preparation of grant applications or requests as required by funding agencies. Monitor the progress of applications and work on behalf of the city to ensure approval. 6. Secure funding for City projects through appropriations and follow up support on competitive applications. 7. Monitor and provide analysis on all regulatory and legislative developments that may affect the interests of the City and work to enhance the City's position by securing timely information about policy developments and opportunities. 8. Report regularly to designated City officials and staff on implementation of the City's agenda and on policy developments and opportunities. 9. Commit the time and resources necessary to develop and implement a successful strategy for the City including coordinating trips to Washington D.C. to meet with legislators and agency representatives. 10. Prepare support materials and represent the City in congressional hearings in which funding requests of the City are heard. 11. Provide support including briefing papers, talking points, etc. when City officials are requested to testify before a committee or legislator's staff. 12. Provide support on requests brought to the City Council or Intergovernmental Relations Committee by City departments, which required contact with a governmental agency outside the City. 15406 EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 07-1294/15407.doc 12 IL 41 rl INDEMNIFICATION p WAIVER F MODIFICATION :!1 1. Requested by: Pat Dapkus 2. Date: November 5, 2007 3. Name of contractor/permittee: The Ferguson Group 4. Description of work to be performed: Lobbying Services in Washington, D. C. 5. Value and length of contract: $94 222 + 5% increase for each year renewed - 3 yrs. total 6. Waiver/modification request: Waive all insurance requirements 7. Reason for request and why it should be granted: Services do not create a liability 8. Identify the risks to the City in approving this waiver/modification: None 11 /05/07 Department Head Signature Date: ., .Approvals `must be obtained in the order listed16n this form. Two approvals are required foi a request to be granted. 'Approval from the City Administrator's Office is only requiretl if Mask Ma'na ement he City Attorne 's Officedisa ree' � 9 y Y 9 � ;,.- 1. Risk Management P/1-_Approved ❑ Denied � -� �.� Signature Date 2,'ty Attorney's Office Approved ❑ Denied _Signature 3. Cit Administrator's Office Approved ❑ Denied be fi Sig nt Division of A`dmin Date Dake Insurance Waiver Ferguson-07 11/5/2007 3:28:00 PM 1130 C onnectic:;t Avenue, NW Suite 300 t-1';cfun Yon, 11C, 2n 136 202,331.85€ 0 202. 31.! 198 tax City of Huntington Beach, CA Federal Activity Report June —August 2007 [Congress has recessed for the month of August and will return on September 4, 2007.] Congress left town for their summer recess without any of the fiscal year 2008 appropriations bills finalized and signed into law by the President. Lawmakers will now be under pressure in September to either pass the various bills individually or roll them into an omnibus spending package. The House has passed all twelve of their appropriations bills and the Senate has considered and passed only the Homeland Security appropriations bill. Senators also left for recess without acting on the conference report for H.R. 1495, the Water Resources Development Act of 2007 (WRDA). The Senate is expected to act soon on this measure after Congress reconvenes in September and both Senators Feinstein and Boxer are expected to vote in favor of the bill. The House approved the measure by a vote of 381-40 on August 1. The WRDA conference report would authorize the Army Corps of Engineers to carry out a variety of studies and projects pertaining to flood control, navigation, water supply, environmental restoration, and infrastructure across the nation. (See status of City's appropriations and authorization projects in table below). NOTE: See July 2007 Washington Report for more information on pending legislation in Congress and key federal issues. FY 2008 FEDERAL AGENDA APPROPRIATIONS PROJECT DESCRIPTION REQUEST STATUS 1 Water Infrastructure Planning, design and $2 million Interior & The House and Senate bills Improvements construction Environment Approps did not include this project. assistance (EPA -STAG) TFG is working with the City's congressional delegation on a strategy to secure funding during the House -Senate conference negotiations expected later this year. 2 Beach and Edinger Roadway and $1 million See Status #1. Corridor pedestrian safety Transportation -HUD improvements Approps (FHWA-TCSP) 3 Senior Center Planning and design $1.5 million See Status #1. assistance Transportation -HUD Approps (HUD-EDI) 4 Bluff Top Park Safety $1.5 million I See Status #l. improvements to Transportation -HUD bike and pedestrian Approps (FHWA-TCSP) trails, and access roads due to erosion of the bluff 5 * I-405 Freeway Widening and $9 million The House bill includes Widening Project operational Transportation -HUD $500,000 for this project. improvements Approps (FHWA) The Senate bill does not include funding for this project. TFG is working with the Orange County congressional delegation and the California Senators to maintain and possibly increase the House funding amount during the House - Senate conference negotiations expected later this year. * The City supports the request submitted by the Orange County Transportation Authority (OCTA). AUTHORIZATION PROJECT DESCRIPTION REQUEST STATUS Environmental To make needed Amend existing authorization in The WRDA conference Infrastructure improvements to the Water Resources report includes a $20 Program City's water Development Act (WRDA) of million construction infrastructure 2000 to include "construction" to authorization for the the maximum amount available City's Environmental under the Section 219 program Infrastructure Program. ATTACHMENT #4 Capri & Clay 1130 Connecticut Avenue, Washington DC 20036 202-822-8300 NW, Suite 710 Cassidy & Associates 700 13th Street Northwest Washington DC 20005 202 638-7467 Copeland, Lowry & 1341 G Street Northwest Washington DC 20005 202 347-5990 Jacquez E Del Smith & Co 1130 Connecticut Avenue, Washington DC 20036 202 822-8300 NW, Suite 650 ENS Resources, Inc. 1747 Pennsylvania Ave., NW, Washington DC 20006 202 466-3755 Suite 420 Ferguson Group, LLC 1130 Connecticut Ave., N.W. , Washington DC 20036 202 331-8500 Suite 300 Marlowe & Co. 1667 K Street, NW, Suite 480 Washington DC 20006 202-775-1796 Smitth, Dawson, & 1000 Connecticut Avenue Washington DC 20036 202-835-0740 Andrews Townsend Public Affairs 2699 White Road, Suite 150 Irvine CA 92614 949 339-9050 David Turch & Assoc. 517 2nd Street Northeast Washington DC 120002 202 543-3744 Van Scoyoc Associates 101 Constitution Avenue, NW, Washington DC 20001 202-638-1950 Suite 600 West INITIATING DEPARTMENT: Administration SUBJECT: Renewal of Contract with the Ferguson Group COUNCIL MEETING DATE: November 19, 2007 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 Attome 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 ®, ®; ®- IIM RCA Author: P. Dapkus City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK November 28, 2007 The Ferguson Group 1130 Connecticcut Avenue, NW Suite 300 Washington D. C. 20036 Attn: William Ferguson, Jr. Dear Mr. Ferguson Enclosed for your records is a copy of the Professional Services Contract Between the City of Huntington Beach and The Ferguson Group, LLC for Federal Lobbyist Services. Sincerely, JF:pe Enclosure G: followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 )