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HomeMy WebLinkAboutTownsend Public Affairs - 2014-03-17 Dept. ID Ad-17-004 Page 1 of 2 Meeting Date:3/6/2017 , _ CITY OF HUNTINGTON BEACH �t REQUEST FOR, CITY COUNCIL ACTION MEETING DATE: 3/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager SUBJECT: Approve and authorize execution of Amendment No. 2 to the Professional Services Contract with Townsend Public Affairs extending the term for one-year and adding additional compensation in the amount of$48,000 for a total contract amount not to exceed $192,000 for State Lobbyist Services; and, approve and authorize the execution of a one-year Professional Services Contract with Townsend Public Affairs in the amount of$24,000 for Federal Lobbyist Services Statement of Issue: City Council consideration is requested for Amendment No. 2 to the Professional Services Contract with Townsend Public Affairs to extend the term to provide State lobbyist services and a new Professional Services Contract with Townsend Public Affairs to provide Federal lobbyist services. Financial Impact: Funds are budgeted for State and Federal Lobbyist Services in account number 10030101.69300. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services" in an amount not to exceed $48,000 for one year; and, 6 B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Svl' Between the City of Huntington Beach and Townsend Public Affairs for Federal Lobbyist Services" ,5 In an amount not to exceed $24,000 for one year. Alternative Action(s): Do not approve and direct staff accordingly. Analysis: In October 2013, Requests for Proposals (RFP) for both State and Federal lobbyist services were issued. In March 2014, City Council awarded a one-year State lobbyist contract to Townsend Public Affairs (TPA). On January 21, 2015, the Intergovernmental Relations Committee (IRC) considered an extension to the TPA contract and recommended a two-year extension to the contract. TPAs existing State lobbyist contract is set to expire on March 17, 2017. At the January 25, 2017 IRC meeting, Council liaisons voted to recommend the extension of the TPA agreement for one additional year. TPA has assisted the City with legislative advocacy, grant application assistance (e.g. letters of support, strategic assistance, etc.), and has assisted with advocacy trips to Sacramento. xs -63- Item 9. - 1 Dept. ID Ad-17-004 Page 2 of 2 Meeting Date:3/6/2017 In addition to State advocacy services, TPA previously served as the City's federal lobbyist from February 17, 2015, through February 17, 2016. Upon expiration of the TPA Federal contract, IRC took a "wait and see" approach until after the federal election in November 2016. At the January 25, 2017, meeting the members of IRC voted to recommend a one-year Federal contract with TPA, which included membership in the newly created Concerned Coastal Communities Coalition. The coalition, coupled with the change in administration at the Federal level, could require more ongoing positive engagement with our Federal representatives and Federal agencies, therefore, necessitating an agreement for Federal lobbying assistance. TPA proposes an advocacy plan that is complementary of our State efforts and TPA has a local presence in Washington D.C. The monthly fee of $2,000 per month includes the $600 per month Concerned Coastal Communities Coalition fee. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. "Amendment No. 2 to the Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services" 2. "Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for Federal Lobbyist Services"ao SX Item 9. - 2 HB -64- ATTACHMENT # 1 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES THIS AMENDMENT NO. 2 is made and entered into the day of �/ ( , 2017, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City," and TOWNSEND PUBLIC AFFAIRS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 17, 2014, entitled "Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs For State Lobbyist Services," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant amended the Original Agreement by way of written First Amendment to reflect an additional two years to the Term, and City and Consultant wish to further amend the Original Agreement to add an additional year to the Term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL TERM Section 3 of the Original Agreement entitled "TERM; TIME OF PERFORMANCE," is hereby amended to read as follows: 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on March 17, 2017 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 1 17-5625/150841/PD 2. COMPENSATION Section 4 of the Original Agreement entitled"COMPENSATION," is hereby amended to read as follows: 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed the Original Agreement amount of Forty-Eight Thousand Dollars ($48,000), the First Amended two-year amount of Ninety-Six Thousand Dollars ($96,000), and the new Second Amended amount of Forty-eight Thousand Dollars ($48,000.00), for a total of One Hundred Ninety-two Thousand Dollars ($192,000.00). 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 Second Amendment to be executed by and through their authorized officers the day, month and year first above written. 2 17-5625/150841/PD CONSULT T, CITY OF HUNTINGTON BEACH, TOWN PUBLIC AFFAIRS a municipal corporation of the State of California i —wl By: C NSrND Mayor print lame ITS: (circle o e)ChairmamlPre�tlC�ice President lalimi AND City Clerk 3 By. A APP VED: print name ITS: (circle ong) -77 Secretary/Chief Financial Officer/Asst. ant City M Secretary-Treasurer REVIE VD APPROVED: Cit I/• d y,1Vlanage r APPROVED A ORM: ity Attorney ��_c.• 3�v 3 17-5625/150841/PD RECEIVED CITY OF HUNTINGTON BEACH JAN 26 2017 Professional Service Approval Form Finance Department Amendment # 2 RECEIVED 1. Date Requested: 1-26-2017 JAN 2 6 2017 2. Contract Number to be Amended: ADM 2014-02 Finance Department 3. Department: City Manager 4. Requested By: Antonia Graham 5. Name of Consultant: Townsend Public Affairs 6. Amount of Original/Prior Contract: $144,000 7. Additional Compensation Requested: $48,000 8. Original Commencement Date: 2-17-2014 9. Original Termination Date: 3-17-2017 10. Extended Date Requested: 3-17-2018 11. Reason for Contract Amendment: Contract was amended once for a third year, expiring on March 17, 2017. This amendment will extend contract for a fourth year. Townsend Public Affairs has been representing the City with regarding to State Lobbying/Legislative Affairs. The services they have provided have been very neficial to the City and we wish to continue the relationship for an additional year r- ZS - / � Pur asin proval Signature Date 12. Are sufficient funds available to fund this contract? Yes ❑ No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# FY 16-17 FY 17-18 Year 3 est. Year 4 est. 10030101.69365 $24,000 24,000 $ $ $ $ $ $ $ $ $ $ J Budget Approval � ature Date rlt'uuy , )0"� - 2, 1 �-I n Head Signature Date 6- Cirarhger Approval Signature Date amendment 2-2017 REV:June 2014 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES THIS AMENDMENT NO. 1 is made and entered into the day Of &aAktAikL, , 2015,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,hereinafter referred to as"City," and TOWNSEND PUBLIC AFFAIRS,a California corporation,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 17, 2014, entitled"Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs For State Lobbyist Services,"which agreement shall hereinafter be referred to as the"Original Agreement,"and Since its execution, City and Consultant wish to amend the Original Agreement to reflect an additional two years to the Term,and NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL TERM Section 3 of the Original Agreement entitled"TERM; TIME OF PERFORMANCE,"is hereby amended to read as follows: 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on March 17, 2015 (the"Commencement Date"). This A&Mgmcwhall automatically terminate two(2)years from the Commencement D e, unless extended or ner terminated as provided herein. All tasks specified in Exhib completed no later than two (2)years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit"A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 1 15-4573/116824 l PROFESSIONAL SERVICES FISCAL YEAR 2016117 CITY MANAGER Department Description Amount Professional services including govemmental membership,state and federal consulting/lobbying services,economic analysis, City Manager legal services,grant releated consulting (includes Office of services,graphic services, and other consulting Business and professional services related to business Development) development,real estate services(including but not limited to appraisals,right-of-way services, acquisitions,title), public information,marketing and other administrative professional services. $ 386,742.00 FY 17/18 FY 18119 FY 19/20 Date Vendor Amount Contract Value Notes Amount Amount Amount 8/19/2016 HUD-HOME-CDBG Grant Consulting $ 40.000 $ 120.000 Amendment#1 $ - S - S - 9/15/2016 Keyser Marston Amendment#2 $ 35,000.00 $ 380,000.00 Amendment 2 $ 40.000 $ 40,000 1/25/2017 Townsend Public Affairs $ 24,000.00 $ 48,000.00 Amendment 2(State Lobbyist) $24.000.00 Total Value S 99,000.00 Balance S 287.742.00 Dept. [DAD 15-006 Page 1 of 2 Meeting Date:2/17/2015 TT _4w "—fJ CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL,ACTION: MEETING DATE: 2/17/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Teri.Baker, Assistant to the City Manager SUBJECT: Approve and authorize execution of Amendment No. 1 to the Professional Services Contract between the City and Townsend Public Affairs for State Lobbyist Services; and, approve and authorize execution of a Professional Services Contract between the City and Townsend Public Affairs for Federal Lobbyist Services Statement of Issue: Transmitted to the City Council for consideration is Amendment No. 1 to the Professional Services Contract with Townsend Public Affairs (TPA) to extend the term to provide State lobbyist services and a new Professional Services Contract with TPA to provide Federal lobbyist services. Financial Impact: Funds are budgeted for State and Federal Lobbyist Services in account number 10030101-69300. Recommended Action: A) Approve and authorize the Mayor and.City Clerk to execute"Amendment No. 1 to Professional Services Contract Between the City of Huntington.Beach and Townsend Public Affairs for State Lobbyist Services" in an amount not to exceed $96,000 for two years; and, -.16 B} Approve and authorize the Mayor and City Clerk to execute"Professional Services s Contract Between the City of Huntington Beach and Townsend Public Affairs for Federal Lobbyist (^ � Services" in an amount.not to exceed $24,000 for one year. Alternative Actionts): - Do not approve and direct staff accordingly. Analysis: In October of 2013, Requests for Proposals .(RFP) for both State and Federal lobbyist services were issued. In February and March (2014), respectively, the City Council awarded contracts to Van Scoyoc and Associates (VSA) for Federal lobbyist services for a three (3) year term, and to TPA for State lobbyist services for a one (1) year term. The agreement with TPA.expires on March 17, 2015. On January 21, 2015, Intergovernmental Relations Committee (IRC) considered an extension to TPA contract and agreed that they have provided the City with excellent proactive service. IRC voted to recommend a two-year extension to the contract. Except for the two-year extension; all other terms remain the same, including the rate of$4,000 per month. Item 12. - 1 HB -122- Dept.ID AD 15-006 Page 2 of 2 Meeting Date:2/17/2015 Additionally, IRC considered a change in providers for Federal lobbyist services. Staff explained to the committee that because competitive Federal Appropriations/Earmarks are rarely available to cities, the Federal lobbyist services have been of limited value. Since 2007, the City has had most of the same projects on the Federal funding request list. In recognizing the overall reduction in the necessity of. Federal advocacy though with a strong need to keep abreast on Federal legislation and funding opportunities that may impact the City, Staff asked TPA to provide a proposal that would allow State and Federal lobbyist services to be coordinated at a reduced cost. TPA had provided a Federal proposal for the initial Request for Proposal and is well situated to provide monitoring of Federal legislation and funding opportunities. TPA proposes to prepare a federal advocacy plan that is complimentary of the City's state efforts. TPA has a local office and staff is always available, with little notice, to attend IRC and City Council meetings to address any questions from the City Council. In one situation, Public Works staff needed assistance from the U.S. Army Corps regarding water infrastructure projects. TPA was able to facilitate meeting with the U.S. Army Corps and City staff a through their contacts at the local office. Further, TPA currently provides coordinated state and federal advocacy to 30 municipal clients in California. The proposed cost of TPA's program is $2,000 per month, which would result in a $1,750 savings per month (47% savings). At the January 25, 2015, IRC meeting it was agreed that TPA could provide better service at a reduced rate. IRC is recommending that the City Council approve a one-year contract(with a one-year option to renew)to TPA. Environmental Status: N/A Strategic Plan Goal: Enhance quality of life Attachment(s): 1. Amendment No. 1 to the Professional Services Contract between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services. Pro essiona ernces n ra een the City of Hun Ing on vac an ownsen u I Affairs for Federal Lobbyist Services. h� m Item 12. - 2 T �' HM. ENT # 1 . Auo AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES THIS AMENDMENT NO. 1 is made and entered into the �� day of F � , 2015, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City," and TOWNSEND PUBLIC AFFAIRS, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 17, 2014, entitled"Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs For State Lobbyist Services," which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, City and Consultant wish to amend the Original Agreement to reflect an additional two years to the Term, and NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL TERM Section 3 of the Original Agreement entitled"TERM; TIME OF PERFORMANCE," is hereby amended to read as follows: 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on March 17, 2015 (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit"A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit"A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 1 1 5-4573/1 1 6824 2. COMPENSATION Section 4 of the Original Agreement entitled "COMPENSATION," is hereby amended to read as follows: 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit"B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed the Original Agreement amount of Forty-Eight Thousand Dollars ($48,000) and the additional two-year amount of Ninety-Six Thousand Dollars ($96,000) for a total of One Hundred Forty-Four Thousand Dollars ($144,000). 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 and through their authorized officers the day, month and year first above written. 2 15-4573/116824 CONSU ANT' CITY OF HUNTINGTON BEACH, TO ND'P LIC AFFAIRS a municipal corporation of the State of California Mayor print name ITS: circle on Chairm reside_ ice President ND City Clerk y: IN ANDnPRED: print name 92, ITS: (circle one) - r /Chief Financial Officer/Asst. Lant City Manag Secretary-Treasurer REVIEWED AND APPROVED: City Manager COUNTERPART APPROVED City ttorney ,��a , rt C I 3 15-4573/116824 CONSULTANT, CITY OF HUNTINGTON BEACH, TOWNSEND PUBLIC AFFAIRS a municipal corporation of the State of California By: 1 Mayor print name ITS: (circle one)Chairman/President/Vice President ANDCity Clerk By: IN ,D AND APPR VED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Lant City Manag Secretary-Treasurer REVIE ND APPROVED: COUNTERPART Cilhfaker APPROVED City Attorney jq�w 3 15-4573/116824 EXHIBIT "A" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and TOWNSEND PUBLIC AFFAIRS, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Provide State Lobbying Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Heather Stratman who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agreelsurfnedprofessional svcs mayor 10/12 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM;TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 20 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 1 year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Forty Eight Thousand Dollars($48,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agreelsurfneUprofessional Svcs mayor 10/12 2 of 11 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole I 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 agree/surfnetlprofessional svcs mayor 10/12 3 of 11 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is i terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to I,I agree/surfnet/professional svcs mayor 10112 4 of I 1 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. agree/surfnettprofessional Svcs mayor 10/12 5 of 11 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 approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnel/professionalsvcs mayor 10/12 6 of I I 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: TO CONSULTANT: City of Huntington Beach Townsend Public Affairs ATTN: Teri Baker Attn: Chrysten Davis 2000 Main Street 1401 Dove Street, Suite 330 Huntington Beach, CA 92648 Newport Beach, CA 92660 agree/surfnet/professionai sves mayor 10/12 7 of 11 17. CONSENT When CITY's consentlapproval 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 agree/surfneUprofessional svcs mayor 10/12 8 of l l 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. agree/surfnet/professionalsvcs mayor 10/12 9of11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this agreetsurfnet/professional svcs mayor 10/12 10 of 11 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. I I agree/surfnedprofessional svcs mayor 10/12 11 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a Townsend Public Affairs municipal corporation of the State of COMPANY NAME Califo la III ayor By: print name Clerk ITS: (circle one)Chairman/Pre ' en I resident IN ED A ROVED: By: CAUku print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer 7*ianager ROVED: APPROVED AS TO FORM: ty Attorney I { I agreetsurfnet/professional svcs mayor 10112 12 of 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless ............................................ ..........................3 ................................... 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents.................................................................. ...........7 15 City Employees and Officials........................... ...................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorneys Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.................................... ..10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I I EXHIBIT"A" STATEMENT OF WORK: (Narrative of work to be performed) Objective 1: Strategy Development On-boarding: TPA will work with City Council, City Manager and designated staff in order to obtain a thorough understanding of the City's priorities, goals and opportunities. Objective 2:Engage in the Legislative Process to Advance and Protect the City's Interests. Legislative Platform and Strategy:TPA will work with the City staff to develop and advocate on behalf of the City's state legislative priorities as identified by the City's annual Legislative Program. Legislative Analysis:TPA will work with the City Council,City Manager and designated staff to develop general or special legislation in alignment with the City's adopted Legislative Program. TPA will analyze state legislation and proposed regulatory changes that may impact the City and work with staff to advocate the City's positions,as necessary. Legislation Review: TPA will review all proposed, introduced and amended legislation, and proposed and adopted administrative rules and regulations,to determine its impact on the City, and recommend positions to be taken on the legislation. Draft Legislation and Amendments:TPA will draft and assist in the drafting of proposed legislation and amendments,as necessary. Professional Representation: TPA will lobby for the City's position on legislative and regulatory matters of interest,through direct contact with state legislators. TPA will coordinate testimony on behalf of the City at legislative hearings before state legislative and budget committees as well as administrative agencies, as necessary. Objective 3: Secure Funding for City Projects Funding Strategy: TPA will identify and aggressively act to obtain funding for the City's projects.TPA will monitor and facilitate the progress of funding/grant applications through state departments and agencies in order to assist the City. Objective 4: Foster Relationships that Get Things Done Relationships with the Governor and the Legislature: TPA maintains strong working relationships with the Governor,state agencies, and legislature. TPA will work to establish and EXHIBIT A maintain effective working relationships among legislative committees, individual legislators, public officials, and business organizations directly effecting the City. Relationships with Other Organizations: TPA will continuously coordinate and cooperate with other organizations and firms having similar legislative objectives as the City. Advocacy Trips: Upon request,TPA will organize trips for the City in Sacramento including scheduling meetings and preparing briefing materials. Objective 5: Work as an Extension of the City Staff Communication Protocol:TPA will develop and execute a protocol for regular formal and informal communication matching the City's needs. Consistent and clear communication is imperative to coordinate and execute a robust advocacy agenda. Meet with City Officials: TPA will participate in regular planning and coordination meetings with City staff as requested. Provide Status Reports: TPA will provide written monthly updates on the firm's achievements on behalf of the City.This includes, but is not limited to,providing a legislative matrix and funding opportunities. TPA will also submit an annual report giving an overview of the work completed and a forecast of important issues in the upcoming year. Prepare and pile All Required Reports: TPA will prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines. STRATEGY TPA is committed to providing a tailored legislative and funding advocacy strategy that is specifically designed to meet the City's priority needs and achieve results. Strategic Action Plan Development TPA will create a strategic action plan for the City and develop a legislative platform reflecting the City's concerns and priorities to provide direction for proactive and reactive legislative strategies. The legislative platform will be updated regularly-to take into consideration the changing priorities of City, as well as the changing policy priorities and opportunities in Sacramento. TPA will construct and provide a legislative matrix to track bills that affect City's legislative platform and align them with strategies to achieve established policy goals. In addition, a funding matrix will be included in the action plan, which identifies potential programs and funding sources for City's priority projects along with key dates and actions items. EXHIBIT A Strategic Action flan Implementation TPA will direct and utilize TPA resources to implement the City's strategic action plan. In implementing the plan, TPA will review legislation and regulations to determine potential beneficial or adverse impacts to City and recommend appropriate responses. As legislation is targeted,TPA will monitor, analyze, and report on selected legislation, in addition to legislative and agency hearings,that have an impact on City's priorities. TPA will also facilitate and embody City's position on the selected legislation, and manage City sponsored legislation by: proposing legislative amendments, drafting language, securing authors and co-authors, and shepherding the bill through the legislative process to a successful conclusion. TPA is prepared to facilitate participation of City representatives in the legislative process, by arranging and preparing legislative testimony, participating in informational hearings as expert witnesses, and coordinating meetings and written communications with legislators and agency officials. Additionally,TPA will coordinate, build,and leverage coalitions with other agencies, interest groups, and California stakeholders with similar legislative needs in order to advance mutual priorities. LEGISLATIVE STRATEGY AND METHODOLOGY TPA's strategy and methodology will include developing a legislative agenda;tracking state activities of interest; developing appropriate materials for meetings and maintaining records; planning, scheduling and executing state advocacy trips; and overseeing state lobbying registrations. When developing a legislative agenda, TPA will identify issue areas drawing on identified City priorities and then target elected representatives and key decision-makers. TPA will outline a timetable for a creative, diverse legislative agenda that will lead to formulating a strategy, assigning responsibilities, and identifying benchmarks. TPA will then track state activities of interest by interacting and maintaining regular contact with elected officials, committees and their staff. TPA will inform and work with senior officials at selected state agencies and relevant community organizations to build support for sponsored legislation. TPA will utilize a proactive approach to intercept legislative and/or policy opportunities in advance and target and monitor selected hearings and committees as they relate to City issues. As it pertains to City and potential conflict of interests, TPA will move immediate with full disclosure protocols to inform the client and will absorb the cost of hiring a sub-vendor to work through any conflict of interest that may arise. In order to prepare for meetings and maintain records, TPA will prepare agendas, memos, and talking points for calls, meetings,and correspondence.TPA will develop relevant support materials, including associated research, and provide regular updates regarding advocacy and public policy activities. Summary reports are provided and TPA will be available for in-person brief ng(s), as requested. EXHIBIT A TPA also arranges state advocacy trips in which issues and projects that would benefit from in person meetings are identified, coupled with appropriate personnel and stakeholders to educate about the issues. TPA will schedule and attend meetings with City representatives and develop briefing materials as necessary regarding City issues. TPA will also provide follow-up on all matters of interest to the City. Finally,TPA will provide additional deliverables by way of. Monthly status and activity reports, verbal and written reports to City as needed, and monthly legislative tracking matrix updates. TPA's strategy and methodology will include the following steps: Develop a Legislative Agenda Identify issue areas drawing on identified City priorities Target elected representatives and key decision-makers Outline a timetable for a creative,diverse legislative agenda Formulate strategy Assign responsibilities Identify benchmarks Track State Activities of Interest Interact with elected officials and their staff Monitor selected hearings and committees Regular contact with committee staff Interact with senior officials at selected state agencies Intercept legislative and/or policy opportunities in advance Inform relevant community organizations to build support for sponsored legislation Develop Appropriate Materials for Meetings and Maintain Records Prepare agendas,memos, and talking points for calls, meetings,and correspondence Develop relevant support materials, including associated research Provide regular updates regarding advocacy and public policy activities Provide summary reports Be available for in-person briefing(s), as requested Plan,Schedule and Execute State Advocacy Trips Identify issues and projects that would benefit from in-person meetings Identify appropriate personnel and stakeholders to educate about issues. Schedule meetings regarding City issues Develop briefing materials,as necessary, on City issues Attend meetings with City representatives Provide follow-up on all matters of interest to the City EXHIBIT A Oversee State Lobbying Registrations Complete all state lobbying registrations and reporting requirements, including processing all registrations required by the California Secretary of State. Additional Deliverables Monthly status and activity reports Verbal and written reports to the City Council as needed Monthly Legislative Matrix updates Legislative Letters related to the City's position as needed Legislative Analysis Papers as needed FUNDING CONSULTING SERVICES STRATEGY AND METHODOLOGY When working with City on grant consulting,TPA will develop a project funding agenda inclusive of: the identification of projects and programs of priority to City, grouping of projects into flexible nodes for future funding, outlining multiple funding options for each project and program, development of a comprehensive timeline for individual projects, coordination of City's priorities with those of key decision makers,development of clear tracking mechanisms for City projects, assignment of responsibilities, and identification of benchmarks. TPA will work directly with City to compile information,materials and details on the different projects that City is positioning for funding. Once information is gathered,TPA will compose, compile and finalize grant proposals for submission while working to obtain written approval and City approval for all grant applications. TPA will serve as a liaison between City and agencies by utilizing strong relationships with officials among the various state agencies and departments to ensure that City's application(s) are aligned with the goals of the specific grant and that the applications are well-crafted and well-positioned for funding. As always,TPA works with key legislators and staff members to ensure their support for the project applications and will also ensure that City responds to any follow up questions from agencies or departments regarding City's application(s). Client communication and coordination are critical to successful grant writing services. The key is to ensure that communications are ongoing,and TPA does this as a matter of practice. In order to maximize effectiveness, open and clear communication is essential.TPA is readily available for clients,on an advisory or responsive basis and will work closely with City staff to ensure that all information for the grant applications is received in a timely manner, and that the application is successfully submitted by deadlines.TPA provides regular updates on the evaluation process until the announcement of the awards. These updates can be hand written, EXHIBIT A emails or in person reports to City staff. Additionally, City will receive monthly status and activity reports,verbal and written reports to City staff as needed,monthly legislative matrix updates,and legislative letters related to City's position as needed, and legislative analysis papers as needed. TPA's strategy and methodology will include the following steps: Develop a Project Funding Agenda Identify projects and programs of priority to the City Group projects into flexible nodes for available and future funding Outline multiple funding options for each project and program Develop a comprehensive timeline for individual projects Coordinate the City's priorities with those of state decision makers Develop clear tracking mechanisms for projects City-wide Assign responsibilities Identify benchmarks Work directly with the City to compile information,materials and details on the different projects that the City is positioning for funding under specific programs. Compose, compile and finalize grant proposals for submission. Work to obtain written approval and City Council approval for all grant applications. Serve as a liaison between the City and agencies Utilize our strong relationships with officials among the various state agencies and departments to ensure that the City's application(s) are aligned with the goals of the specific grant and that the applications are well-crafted and well-positioned for funding. Ensure that the City responds to any follow up questions from agencies or departments regarding the City's application(s) Work with key legislators and staff members to ensure their support for the project applications. Provide regular updates,on the evaluation process until the announcement of the awards.These updates can be hand written, emails or in person reports to city staff, city administration and/or the City Council. Additional Deliverables • Monthly status and activity reports • Verbal and written reports to the City Council as needed • Monthly Grant Tracking Matrix updates • Grant Summaries as needed • Grant Writing Services as needed EXHIBIT A CONSULTANTS DUTIES AND RESPONSIBILITIES: TPA is a government relations firm that provides federal, state, and local advocacy services to public agencies, non-profit organizations, and companies that aim to improve their communities through policy navigation in a variety of areas including, but not limited to: clean energy,the dissolution of Redevelopment,public safety, employee's relations and workers compensation, funding and support for libraries and education,transportation, and water With a far-reaching background,TPA's broad scope of work has allowed for an adaptive approach that will cater directly to the City's needs related to state legislative affairs, administration affairs, and grant monitoring and writing. CITY'S DUTIES AND RESPONSIBILITIES: • Provide prompt communication on essential needs related to City interests. ® Make available to Townsend Public Affairs, currently existing documents,data or information required for the performance of services. • Designate a representative authorized to act on behalf of the City. • Promptly examine and render findings on all documents submitted for staff review by Townsend Public Affairs. WORK PROGRAM/PROJECT SCHEDULE: TBD I I EXHIBIT A EXHIBIT "B►► Payment Schedule(Fixed Fee Payment) -Monthly retainer of$4,000 -Annual contract amount not to exceed$48,000 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product,CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance,or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B //A�ta'a/ WW Dept. ID AD 14-012 Page 1 of 2 Meeting Date:3/17/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/17/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Teri Baker, Assistant to the City Manager SUBJECT: Approve and authorize execution of a Professional Services Contract with Townsend Public Affairs related to State lobbyist services Statement of Issue: Submitted for City Council approval is a professional services agreement, for a one (1) year term, with Townsend Public Affairs related to State lobbyist services. Financial Impact: Funding for professional services is included in this Fiscal Year's Intergovernmental Relations budget (10030201). The total amount of the one year contract for Townsend Public Affairs is $48,000 ($4,000 per month/$26,000 for the remainder of FY 2013/14). Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services" in an amount not to exceed $48,000 for one year. Alternative Action(s): Deny approval of one or more of the professional services contract and direct staff accordingly. Analysis: At the February 17, 2014, City Council Meeting, the City Council considered agreements for both State and Federal lobbyist services. The agreement for Federal lobbyist services was awarded to Van Scoyoc Associates. However, the agreement for State lobbyist services to Gonzalez, Quintana & Hunter, LLC (GQH) was referred back to the Intergovernmental Relations Committee (IRC) for further discussion. Since that time, GQH has decided it would be in their best interest not to enter into a contract with Huntington Beach due to potential conflicts with other clients. On February 27, 2014, IRC met to discuss the matter. Heather Stratman, Senior Director with PA attended the meeting to discuss TPA's experience and the firm's Townsend Public Affairs T g p desire to serve Huntington Beach. TPA ranked very high with the evaluating team (#2). TPA has over 16 years of experience as a firm and over 90 years of collective experience within the firm. TPA is one of the largest advocacy firms in California and has represented over 65 municipalities and public agencies through out California. TPA agreed to reduce their proposed fee from $5,000 per month to $4,000 per month which is just $500 more per month than GQH's proposed fee. The IRC voted 3-0 to recommend a one-year agreement with two, one-year options to renew to TPA. Item 15. - 1 uB ->84- Dept. ID AD 14-012 Page 2 of 2 Meeting Date:3/17/2014 Environmental Status: N/A Strategic Plan Goal: Improve long term financial sustainability Attachment(s): 1. "Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services" xB -385- Item 15. - 2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and TOWNSEND PUBLIC AFFAIRS, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY ;desires to engage the services of a consultant to Provide State Lobbying Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Heather Stratman who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professionalsvcs mayor 10/12 1 of 1 I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on lql / l , 20 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 1 year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Forty Eight Thousand Dollars ($48,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agree/surfnet/professional svcs mayor 10/12 2 of 1 1 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 "13." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional sves mayor 10/12 3 of I 1 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with'this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional Svcs mayor 10/12 4 of I I forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/professionalsvcs mayor 10/12 5 of 11 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 approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surtnet/professional svcs mayor 10/12 6 of 1 1 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: TO CONSULTANT: City of Huntington Beach Townsend Public Affairs ATTN: Teri Baker Attn: Chrysten Davis 2000 Main Street 1401 Dove Street, Suite 330 Huntington Beach, CA 92648 Newport Beach, CA 92660 agree/surfnet/professional svcs mayor 10/12 7 of 11 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 agree/surfnet/professional Svcs mayor 10/12 8 of 11 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. agree/surfnet/professional svcs mayor 10/12 9 of I I 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this agree/surtnet/professional svcs mayor 10/12 10 of 11 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/surfnet/professional Svcs mayor 10/12 11 of 11 CONSULTANT, CITY OF HUNTINGTON BEACH, a Townsend Public Affairs municipal corporation of the State of COMPANY NAME Califo la Mayor By: print name ty Clerk 24 (� ITS: (circle one)Chairman/President�ce President A _ IN , ED A ROVED: By: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer RE V IE APPROVED: i anager APPROVED AS TO FORM: � �r tyAorney agree/surfnet/professional svcs mayor 10/12 12 of 11 EXHIBIT "A" STATEMENT OF WORK: (Narrative of work to be performed) Objective l: Strategy Development On-boarding: TPA will work with City Council, City Manager and designated staff in order to obtain a thorough understanding of the City's priorities, goals and opportunities. Objective 2: Engage in the Legislative Process to Advance and Protect the City's Interests. Legislative Platform and Strategy: TPA will work with the City staff to develop and advocate on behalf of the City's state legislative priorities as identified by the City's annual Legislative Program. Legislative Analysis: TPA will work with the City Council, City Manager and designated staff to develop general or special legislation in alignment with the City's adopted Legislative Program. TPA will analyze state legislation and proposed regulatory changes that may impact the City and work with staff to advocate the City's positions, as necessary. Legislation Review: TPA will review all proposed, introduced and amended legislation, and proposed and adopted administrative rules and regulations, to determine its impact on the City, and recommend positions to be taken on the legislation. Draft Legislation and Amendments: TPA will draft and assist in the drafting of proposed legislation and amendments, as necessary. Professional Representation: TPA will lobby for the City's position on legislative and- regulatory matters of interest, through direct contact with state legislators. TPA will coordinate testimony on behalf of the City at legislative hearings before state legislative and budget committees as well as administrative agencies, as necessary. Objective 3: Secure Funding for City Projects Funding Strategy: TPA will identify and aggressively act to obtain funding for the City's projects. TPA will monitor and facilitate the progress of funding/grant applications through state departments and agencies in order to assist the City. Objective 4: Foster Relationships that Get Things Done Relationships with the Governor and the Legislature: TPA maintains strong working relationships with the Governor, state agencies, and legislature. TPA will work to establish and EXHIBIT A maintain effective working relationships among legislative committees, individual legislators, public officials, and business organizations directly effecting the City. Relationships with Other Organizations: TPA will continuously coordinate and cooperate with other organizations and firms having similar legislative objectives as the City. Advocacy Trips: Upon request, TPA will organize trips for the City in Sacramento including scheduling meetings and preparing briefing materials. Objective 5: Work as an Extension of the City Staff Communication Protocol: TPA will develop and execute a protocol for regular formal and informal communication matching the City's needs. Consistent and clear communication is imperative to coordinate and execute a robust advocacy agenda. Meet with City Officials: TPA will participate in regular planning and coordination meetings with City staff as requested. Provide Status Reports: TPA will provide written monthly updates on the firm's achievements on behalf of the City. This includes, but is not limited to, providing a legislative matrix and funding opportunities. TPA will also submit an annual report giving an overview of the work completed and a forecast of important issues in the upcoming year. Prepare and File All Required Reports: TPA will prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines. STRATEGY TPA is committed to providing a tailored legislative and funding advocacy strategy that is specifically designed to meet the City's priority needs and achieve results. Strategic Action Plan Development TPA will create a strategic action plan for the City and develop a legislative platform reflecting the City's concerns and priorities to provide direction for proactive and reactive legislative strategies. The legislative platform will be updated regularly to take into consideration the changing priorities of City, as well as the changing policy priorities and opportunities in Sacramento. TPA will construct and provide a legislative matrix to track bills that affect City's legislative platform and align them with strategies to achieve established policy goals. In addition, a funding matrix will be included in the action plan, which identifies potential programs and funding sources for City's priority projects along with key dates and actions items. EXHIBIT A Strategic Action Plan Implementation TPA will direct and utilize TPA resources to implement the City's strategic action plan. In implementing the plan, TPA will review legislation and regulations to determine potential beneficial or adverse impacts to City and recommend appropriate responses. As legislation is targeted, TPA will monitor, analyze, and report on selected legislation, in addition to legislative and agency hearings, that have an impact on City's priorities. TPA will also facilitate and embody City's position on the selected legislation, and manage City sponsored legislation by: proposing legislative amendments, drafting language, securing authors and co-authors, and shepherding the bill through the legislative process to a successful conclusion. TPA is prepared to facilitate participation of City representatives in the legislative process, by arranging and preparing legislative testimony, participating in informational hearings as expert witnesses, and coordinating meetings and written communications with legislators and agency officials. Additionally, TPA will coordinate, build, and leverage coalitions with other agencies, interest groups, and California stakeholders with similar legislative needs in order to advance mutual priorities. LEGISLATIVE STRATEGY AND.METHODOLOGY TPA's strategy and methodology will include developing a legislative agenda; tracking state activities of interest; developing appropriate materials for meetings and maintaining records; planning, scheduling and executing state advocacy trips; and overseeing state lobbying registrations. When developing a legislative agenda, TPA will identify issue areas drawing on identified City priorities and then target elected representatives and key decision-makers. TPA will outline a timetable for a creative, diverse legislative agenda that will lead to formulating a strategy, assigning responsibilities, and identifying benchmarks. TPA will then track state activities of interest by interacting and maintaining regular contact with elected officials, committees and their staff. TPA will inform and work with senior officials at selected state agencies and relevant community organizations to build support for sponsored legislation. TPA will utilize a proactive approach to intercept legislative and/or policy opportunities in advance and target and monitor selected hearings and committees as they relate to City issues. As it pertains to City and potential conflict of interests, TPA will move immediate with full disclosure protocols to inform the client and will absorb the cost of hiring a sub-vendor to work through any conflict of interest that may arise. In order to prepare for meetings and maintain records, TPA will prepare agendas, memos, and talking points for calls, meetings, and correspondence. TPA will develop relevant support materials, including associated research, and provide regular updates regarding advocacy and public policy activities. Summary reports are provided and TPA will be available for in-person briefing(s), as requested. EXHIBIT A TPA also arranges state advocacy trips in which issues and projects that would benefit from in person meetings are identified, coupled with appropriate personnel and stakeholders to educate about the issues. TPA will schedule and attend meetings with City representatives and develop briefing materials as necessary regarding City issues. TPA will also provide follow-up on all matters of interest to the City. . Finally, TPA will provide additional deliverables by way of: Monthly status and activity reports, verbal and written reports to City as needed, and monthly legislative tracking matrix updates. TPA's strategy and methodology will include the following steps: Develop a]Legislative Agenda Identify issue areas drawing on identified City priorities Target elected representatives and key decision-makers Outline a timetable for a creative, diverse legislative agenda Formulate strategy Assign responsibilities Identify benchmarks Track State Activities of Interest Interact with elected officials and their staff Monitor selected hearings and committees Regular contact with committee staff Interact with senior officials at selected state agencies Intercept legislative and/or policy opportunities in advance Inform relevant community organizations to build support for sponsored legislation Develop Appropriate Materials for Meetings and Maintain Records Prepare agendas, memos, and talking points for calls, meetings, and correspondence Develop relevant support materials, including associated research Provide regular updates regarding advocacy and public policy activities Provide summary reports Be available for in-person briefing(s), as requested Plan, Schedule and Execute State Advocacy Trips Identify issues and projects that would benefit from in-person meetings Identify appropriate personnel and stakeholders to educate about issues. Schedule meetings regarding City issues Develop briefing materials, as necessary, on City issues Attend meetings with City representatives Provide follow-up on all matters of interest to the City EXHIBIT A Oversee State Lobbying Registrations Complete all state lobbying registrations and reporting requirements, including processing all registrations required by the California Secretary of State. Additional Deliverables Monthly status and activity reports Verbal and written reports to the City Council as needed Monthly Legislative Matrix updates Legislative Letters related to the City's position as needed Legislative Analysis Papers as needed FUNDING CONSULTING SERVICES STRATEGY AND METHODOLOGY When working with City on grant consulting, TPA will develop a project funding agenda inclusive of. the identification of projects and programs of priority to City, grouping of projects into flexible nodes for future funding, outlining multiple funding options for each project and program, development of a comprehensive timeline for individual projects, coordination of City's priorities with those of key decision makers, development of clear tracking mechanisms for City projects, assignment of responsibilities, and identification of benchmarks. TPA will work directly with City to compile information, materials and details on the different projects that City is positioning for funding. Once information is gathered, TPA will compose, compile and finalize grant proposals for submission while working to obtain written approval and City approval for all grant applications. TPA will serve as a liaison between City and agencies by utilizing strong relationships with officials among the various state agencies and departments to ensure that City's application(s) are aligned with the goals of the specific grant and that the applications are well-crafted and well-positioned for funding. As always, TPA works with key legislators and staff members to ensure their support for the project applications and will also ensure that City responds to any follow up questions from agencies or departments regarding City's application(s). Client communication and coordination are critical to successful grant writing services. The key is to ensure that communications are ongoing, and TPA does this as a matter of practice. In order to maximize effectiveness, open and clear communication is essential. TPA is readily available for clients, on an advisory or responsive basis and will work closely with City staff to ensure that all information for the grant applications is received in a timely manner, and that the application is successfully submitted by deadlines. TPA provides regular updates on the evaluation process until the announcement of the awards. These updates can be hand written, EXHIBIT A emails or in person reports to City•staff. Additionally, City will receive monthly status and activity reports, verbal and written reports to City staff as needed, monthly legislative matrix updates, and legislative letters related to City's position as needed, and legislative analysis papers as needed. TPA's strategy and methodology will include the following steps: Develop a Project Funding Agenda Identify projects and programs of priority to the City Group projects into flexible nodes for available and future funding Outline multiple funding options for each project and program Develop a comprehensive timeline for individual projects Coordinate the City's priorities with those of state decision makers Develop clear tracking mechanisms for projects City-wide Assign responsibilities Identify benchmarks Work directly with the City to compile information, materials and details on the different projects that the City is positioning for funding under specific programs. Compose, compile and finalize grant proposals for submission. Work to obtain written approval and City Council approval for all grant applications. Serve as a liaison between the City and agencies Utilize our strong relationships with officials among the various state agencies and departments to ensure that the City's application(s) are aligned with the goals of the specific grant and that the applications are well-crafted and well-positioned for funding. Ensure that the City responds to any follow up questions from agencies or departments regarding the City's application(s) Work with key legislators and staff members to ensure their support for the project applications. Provide regular updates_on the evaluation process until the announcement of the awards. These updates can be hand written, emails or in person reports to city staff, city administration and/or the City Council. Additional Deliverables • Monthly status and activity reports • Verbal and written reports to the City Council as needed • Monthly Grant Tracking Matrix updates • Grant Summaries as needed • Grant Writing Services as needed EXHIBIT A CONSULTANTS DUTIES AND RESPONSIBILITIES: TPA is a government relations firm that provides federal, state, and local advocacy services to public agencies, non-profit organizations, and companies that aim to improve their communities through policy navigation in a variety of areas including, but not limited to: clean energy, the dissolution of Redevelopment, public safety, employee's relations and workers compensation, funding and support for libraries and education,transportation, and water With a far-reaching background, TPA's broad scope of work has allowed for an adaptive approach that will cater directly to the City's needs related to state legislative affairs, administration affairs, and grant monitoring and writing. CITY'S DUTIES AND RESPONSIBILITIES: • Provide prompt communication on essential needs related to City interests. • Make available to Townsend Public Affairs,currently existing documents, data or information required for the performance of services. • Designate a representative authorized to act on behalf of the City. • Promptly examine and render findings on all documents submitted for staff review by Townsend Public Affairs. WORK PROGRAM/PROJECT SCHEDULE: TBD EXHIBIT A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) -Monthly retainer of$4,000 -Annual contract amount not to exceed $48,000 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TOWNSEND PUBLIC AFFAIRS FOR STATE LOBBYIST SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I aDATE Al., CERTIFICATE F LIABILITY INSURANCE03/04/2014YYY) 03J04J2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION is WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: COMPUPAY INSURANCE SERVICES INC ACCNNo,Ext: 866 890-9965 A/C,No): 888 733-5112 3450 LAKE SIDE DR E-MAIL MIRAMAR, FL 33027 ADDRESS:travelersselect a rollservices ravelers.com (866)890-9965 PRODUCER 2724T7130 X3247 70A INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER&TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA TOWNSEND PUBLIC AFFAIRS,INC. INSURER B: 1401 DOVE ST, STE 330 INSURER C: NEWPORT BEACH,CA 92660 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 840354923401360 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N EFF R R ADDL TYPE OF INSURANCE NSR SUBR POLICY NUMBER MM LDICDY M OL/DDY EXP LIMITS GENERAL LIABIITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE T D CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- 17 POLICY JECT LOC - $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY accident)DAMAGE $ NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A T . WORKERS COMPENSATION N/A UB-1136X539-14 01/01/2014 01/01/2015 X TO LIMiTs DER _ AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1$1,000,000 If as,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) FOR INFORMATIONAL PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET EXPIRATION DATE THEREOF,'NOTICE WILL BE DELIVERED IN ACCORDANCE HUNTINGTON BEACH, CA 92648 WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD AC®® DATE(MM1DD/YYYY) � CERTIFICATE F LIABILITY INSURANCE 3/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rich Higgins NAME: FAX Bannister & Associates Insurance Agency Inc. PHONE ig, (714)536-6086 IA 1C No: (714)536-4054 CA License #0691071 E•MIL .rich@bai-ins.com ADDRFSS 305 17th Street INSURERS AFFORDING COVERAGE NAIC# Huntington Beach CA 92648-4209 INSURERA:AXiS Surplus Insurance Co. INSURED INSURER B: Townsend Public Affairs, Inc. INSURERC: 1401 Dove Street, Suite 330 INSURERD: INSURER E: lNewport Beach CA 92660 1 INSURERF: COVERAGES CERTIFICATE NUMBER:Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MWDDN MM(DD1YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED 112 COMMERCIAL GENERAL LIABILITY PREMISES Fa occurrence S CLAIMS-MADE OCCUR MED EXP(Any one person) 5 PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOCJECT 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB GLgIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y 1 N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ❑ NIA , (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional Liability ECN000036191301 7/31/2013 /31/2014 Limit(each acVtotallima): $1,000,000 troactive date: 7/31/02 Retention(each wrongful act): $5'000 1 -FI DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Richard Higgins/RICH ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005),01 The ACORD name and logo are registered marks of ACORD DATE(MMlDD/YYYY) �...- CERTIFICATE OF LIABILITY INSURANCE 03/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policAies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STATE FARM INSURANCE CONTACT NAME JOHN MONSON PHONE......._ ---. ........_ JOHN MONSON AGENT __—... L9t�NS} East}.J49-�t95 2515 tAAG Nod:,919r495-i 751...._ EMAIL - ..,. 30131 TOWN CENTER DRIVE SUITE 275 ADDREss,JOHN@JOHNMONSON.NET _ __. _. ............... -... ............... LAGUNA NIGUEL, CA 92677 lNSURETt(S)AFFORDlNGCOVERAGE NAIC# } ... .-I.................. —..___,,....._ .. lNsuRER A Slate Farm Mutual_Autorrlo#I(e Ir3sgrartce C INSURED TOWNSEND, CHRISTOPHER J INSURER B: .�.. . .........._.._._._.._ 699 WHITE RD STE 251 INS URERc........-_—.......—__.._.._...... _.___._..............._......__.._—_.......... __3.._... : IRVINE CA 92614-4288 INSURER -_. ._..._.._.._—......__................_._..................—........ INSURER E: —_.. _....._..._ ........................___............. ._—_._..___._.....,........_._.......__--._.—.__..._._4:.........._..................._.__.. INSURER F .. . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.L)MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -NSA i_.._.-__ --........----. .._ ...._. LTR I TYPE OF INSURANCE I)NSR VNO- - POL@CY EFF 1.—POLICY EXP -.._... ._�....�' _.... ._ __._._. - POLICY NUMBER (MM1DOfYYYY) (MwDQrY LIMITS GENERAL LIABILITY .....' LJ EACH OCCURRENCE -- CJh<A'=RCIq_GENER,AL LIA.EIlI'1'Y j DA-lvIM TO RENTED - r I El?ENIlSES'Ea occ rrence S _ICI.MILSMADE i j.... _. MED EXP(Any one person $ _.. .. I -............._ ._._ _ _. - PERSONAL�ADV INJUR �$ ..I G NERALAGGREGATE Y I i _ �GEN'L AG REGA E:LIPAIT APPI ES PER ..•�— SRO_ ; - ,PRODUCTS COMPIOPAGG II oO+ Cv ECT 1 LOC �. ..._— ......... ..........— I A -AUTOMOBILE LIABILITY I 5 ! CO rIBIN DSfNG� LIMIT ANY ALT 3 284'1322-Et17-75F _ �LL0wrdl iD SCHEDULED 11t(77t2013 j 0.5J071209$ 6 per person) _—1,000A00 BODILY INJURY t S x [NON-OWNED BODILY INJURY(Per a 1 O00 004 .. HIRED A!"TOS AUTOS {'rZC?t'�i7YUAMIAGE cent) �. .__ .— de Petacadenl} 1,000,000 UMBRELLA LIAB I I $ .... _ .OC #)RI 3 OCCURRENCE S EXCESS LIAB r CI AI,M5 MADE: EACH ..- .........._-_ .._.._..._........_..._ (AGGREGATE I"a !WORKERS COMPENSATION yrATU AND ENIPLOYERS'LIABILITY I ER TOR -.VY PRCPR'ETOR/PAh'I-NER/EXECL�TIVE YIN ,E L EACH ACC UEfd .......... -_...._ .. ............„. H _ i-Fit;r-r ErIDt_R EXCLUDED? N 1 A I ! $' (Mandatory In NH) IT, DISEASE-EA EMPLOYEE 5 �—-es,-iasc.ue ender : .......— _.._.._._ _........— .. $Sa4 T,C �: PP^A'-I N b Ir•ss ......_.— _--- - _.L.DISEASE-POLICY LIMIT . I❑�1 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 12 BMW 750L VIN## WBAKB8C56CC964966 CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORD CE WET THE POLICY PROVISIONS. Huntington Beach,CA 92648 A "ORQE REP" TI } 01988-2010 ACORD CORPORATI It rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 Acol ®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) �...--� 3/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edgewood Partners Insurance Center(EPIC) NAME ACT 19000 MacArthur Blvd. PH Floor PHE FAX Irvine, CA 92612 ON AMAN Ext: 949 263-0606 vc No: 949 263-0906 IL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# - www.edgewoodins.com INSURERA: Maryland Casualty Company 19356 INSURED INSURER B: Townsend Public Affairs, Inc 1401 Dove Street, Suite 330 INSURERC: Newport Beach CA 92660 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 19411068 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLPOLICY NUMBER MM DICY E POLICY P D/YYYY MMDDIYYYY LIMITS LTR A �/ COMMERCIAL GENERAL LIABILITY ✓ PPS05312733 8/31/2013 8/31/2014 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE ❑✓ OCCUR PREMISES Ea occurrence) $ 2,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ✓ POLICY❑ PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY PPS05312733 8/31/2013 8/31/2014 CP„OyaBCINED SINGLE LIMIT $ 1,000,00 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ I,/ HIRED AUTOS I,/ AUTOS Per accident I $ A UMBRELLA LIAB -�/ OCCUR PPS05312733 8/31/2013 8/31/2014 EACH OCCURRENCE $ 5,000,000 v/ EXCESS LIAB - CLAIMS-MADE AGGREGATE $ 5,000,000 DIED I ✓I RETENTION$0 Products&Comp Ops $ 5,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER N ANY PROPRIETORIPARTNER/EXECUTIVE -- E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ A Employment Practices Liability PPS05312733 8/31/2013 8/31/2014 $100,000 Deductible:$2,500 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) 10 Day notice of cancellation for non payment 130 Day notice of cancellation for all other.This notice will be sent in the event of company election. The Certificate holder is named as Additional Insured with respects general liability policy limits. CERTIFICATE HOLDER CANCELLATION Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 4\\ AUTHORIZED REPRESENTATIVE John P.Pitchess v ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERT NO.: 19411068 CLIENT CODE: TOWNPUBL Clarissa Kim 3/4/2014 7:36:13 AM Page 1 of 4 Townsend Public Affairs, Inc 3/4/2014 POLICY NUMBER: PPS05312733 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - SCHEDULE® PERSON O ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Or anization s : City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your on operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 13 CERT NO.: 19411068 CLIENT CODE: TOWNPUBL Clarissa Kim 3/4/2014 7:36:13 AM Page 2 of 4 3/4/2014 Townsend Public Affairs, Inc PPS05312733 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a Condition and supersedes any provision to the contract or agreement that this insur- contrary: ance would be primary and would not Primary And Noncontributory Insurance seek contribution from any other insur- ance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named In- sured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 CERT NO.: 19411068 CLIENT CODE: TOWNPUBL Clarissa Kim 3/4/2014 7:36:13 AM Page 3 of 4 3/4/2014 Policy# PPS05312733 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc.,1992 CERT NO.: 19411068 CLIENT CODE: TOWNPUBL Clarissa Kim 3/4/2014 7:36:13 AM Page 4 of 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov office of the City Clerk t Joann L. Flynn, City Clerk March 21, 2014 Townsend Public Affairs Attn: Chrysten Davis 1401 Dove St., Ste. 330 Newport Beach, CA 92660 Dear Ms. Davis: Enclosed for your records are two originals of the "Professional Services Contract Between the City of Huntington Beach and Townsend Public Affairs for State Lobbyist Services." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand