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HomeMy WebLinkAboutVan Scoyoc Associates - 2014-02-18 E N� To /RG' 7 70 06�VL Dept. ID AD 14-003 Page 1 of 4 ��C (�/yJ�j�O�� / Meeting Date:2/18/2014 -Nor'+W'66d� CITY OF HUNTINGTON BEACH E REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/18/2014 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 Professional Services Contracts with Gonzalez, Quintana, and Hunter, LLC related to State lobbyist services and with Van Scoyoc Associates related to Federal lobbyist services Statement of Issue: Submitted for City Council approval are two professional services contracts, each with three (3). year terms, with Gonzalez, Quintana, and Hunter, LLC related to State lobbyist services and with Van Scoyoc Associates related to Federal lobbyist services. Financial Impact: Funding for professional services is included in this Fiscal Year's Intergovernmental Relations budget (10030201). The total amount of the three-year contract for Gonzalez, Quintana and Hunter, LLC is $126,000 and the total amount of the three-year contract for Van Scoyoc is $135,000 per year ($42,000 per year Gonzalez, Quintana and Hunter, LLC and $45,000 per year for Van Scoyoc). The cost of these contracts for the remainder of this Fiscal Year total $50,750. Recommended Action: <A) Approve and authorize the Mayor and City Clerk to execute the "Professional Services N Contract between the City of Huntington Beach and Gonzales, Quintana, and Hunter LLC. ,,�D�d�� for State Lobbyist Services" in an amount not to exceed $126,000 for a three-year term.. f�'� B) Approve and authorize the Mayor and City Clerk to execute the "Professional. Services Contract between the 'City of Huntington Beach and Van Scoyoc Associates for Federal 0Q01*_1 Lobbyist Services" in an amount not to exceed $135,000 for a three-year term. Alternative Action(s): Deny approval of one or more of the professional services contract and direct-staff accordingly. Anal is: The. City of Huntington has had an agreement with The Ferguson Group for Federal lobbyist; services since 2007. Three amendments have been approved by the City Council extending the contract until 2013. The City has not-had a State lobbyist for several years.. Because of growing concerns at the State level, especially with regard to the dissolution of redevelopment, personnel laws, and public safety, there is also a need for State lobbyist assistance.. In October of 2013, in compliance with the code and because of the need to add State services, Requests for Proposals(RFP)were issued for both State and Federal lobbyist services, The RFPs were sent to twenty five (25) Federal lobbyist firms and eleven (11) State lobbyist firms. The RFPs Item 1.1. - 1 RB - -. Dept. ID AD 14-003 Page 2 of 4 Meeting Date:2/18/2014 were also posted online with the City's provider PlantBids.com. In response, nine (9) State lobbyist firms and five (5) Federal lobbyist firms submitted proposals. A team of evaluators reviewed and ranked the proposals, the top two firms from both Federal and State were invited to interview. The interviews resulted in the top two firms keeping their order in the rankings and staff updated the Intergovernmental Relations Committee (IRC) on 1-28-14 that Gonzales, Quintana and Hunter, LLC for State lobbyist services and Van Scoyoc Associates for Federal lobbyist services would be recommended to the City Council. The committee concurred with staffs the recommendations and requested that the number two ranking firms be offered as alternates in the event agreement is not reached with the top ranking firms. Townsend Public Affairs is the number two ranking firm for State lobbyist services and The Ferguson Group is the number two ranking firm for Federal lobbyist services. Both contracts provide for an annual performance evaluation. State Lobbyist Services The Finance Department received bids from seven (7) qualified firms as follows: ➢ Nielsen Merksamer ➢ California Strategies and Advocacy, LLC ➢ Strategic Counsel PLC ➢ Ellison Wilson Advocacy, LLC ➢ Townsend Public Affairs ➢ Gonzalez, Quintana & Hunter, LLC ➢ DiMare, Brown, Hicks and Kessler, LLC ➢ Rose & Kindel ➢ Platinum Advisors State lobbyist firms were asked to respond to the following scope: 1. Develop short term and long term strategies with the City pertaining to funding and other State policy and administrative issues. 2. Notify the City of grants and other funding opportunities and, as appropriate, facilitate meetings or follow-ups with awarding State agency officials. 3. The Sacramento Representative will review and comment on proposed sponsored legislation the City prepares for submission to the State Legislature when requested to do so by the City Manager and City Council. 4. The Sacramento Representative will consult with the City regarding appearance by City personnel before state committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. 5. The Sacramento Representative will contact state legislators, legislative staff, committee consultants, and administrative agencies on the City's behalf when City positions are under consideration by such bodies and otherwise take whatever steps necessary to obtain the most favorable consideration. Based on their responses, the evaluating team ranked Gonzales, Quintana, and Hunter LLC#1 and Townsend Public Affairs#2. Gonzales, Quintana & Hunter is a bipartisan government relations firm HE - - Item 11. - 2 Dept.ID AD 14-003 Page 3 of 4 Meeting Date:2/18/2014 headquartered in Sacramento. Partners have over 50 years of collective experience in California's legislative and regulatory arena with specialized expertise in the area of local government, energy, transportation, and environmental issues. Federal Lobbyist Services The Finance Department received bids from five(5) qualified firms as follows: ➢ John Young Advocacy ➢ Van Scoyoc Associates ➢ Townsend Public Affairs ➢ The Ferguson Group, LLC ➢ Keller McIntyre &Associates Federal lobbyist firms were asked to respond to the following scope: 1. Develop short term and long term strategies with the City pertaining to funding and other Federal policy and administrative issues. 2. Review federal legislation under consideration as introduced and amended, proposed and adopted administrative rules and regulations and other federal developments for the purpose of advising the City of those items that may affect a City policy, program or budget. 3. Secure and furnish such detailed information as may be available on federal legislation and programs in which the City indicates an interest. 4. Review and comment on proposed sponsored legislation the City prepares for submission to members of Congress when requested to do so by the City Manager and City Council. 5. Maintain liaison with the California congressional delegation and assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's staff might render assistance. 6. Assist in drafting materials and correspondence to support advocacy for the City's Federal legislative platform and appropriations requests. 7. Participate in the crafting of itineraries and facilitate meetings between City staff, Council Members and congressional delegation staff and various agencies. 8. Consult with the City regarding appearance by City personnel before congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. 9. Contact California's congressional delegation, other members of Congress, congressional committees, congressional staff and federal agencies on the City's behalf when City positions are under consideration by such bodies and otherwise take whatever steps necessary to obtain the most favorable consideration. Based on their responses, the evaluating team ranked Van Scoyoc Associate#1 and The Ferguson Group #2. Van Scoyoc is a successful firm with over twenty-four years of experience. The firm has sixty-five experienced legislative and agency experts with extensive experience representing California cities, counties, and regional governments. Item 11. - 3 HB -254- Dept.ID AD 14-003 Page 4 of 4 Meeting Date:2/18/2014 Environmental Status: N/A Strategic Plan Goal Improve long term financial stability. Attachment(s): 1. "Professional Services Contract between the City of Huntington Beach and Gonzales, Quintana, and Hunter LLC for State Lobbyist Services." 2. "Professional Services Contract between the City of Huntington Beach and Van Scoyoc Associates for Federal Lobbyist Services." HB -255- Item 11. - 4 ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GONZALEZ, QUINTANA &HUNTER, LLC 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 GONZALEZ, QUINTANA & HUNTER, LLC, a Limited Liability 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 Steve Cruz who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs mayor 10/12 1 of 11 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 three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 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. 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 One Hundred Twenty Six Thousand Dollars($126,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work 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." agree/surfnet/professional sves mayor 10/12 2 of 11 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 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfuet/professionalsvcs mayor , 10/12 3 of 11 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 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 agree/surfnet/professional svcs mayor 10/12 4 of 11 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. 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 agree/surfnet/professional svcs mayor 10/12 5 of 11 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. 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. agree/surfneVprofessionalsves mayor 10/12 6 of 11 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 Gonzalez, Quintana&Hunter, LLC ATTN: Teri Baker Attn: Delaney Hunter 2000 Main Street 915 L Suite 1480 Huntington Beach, CA 92648 Sacramento, CA 95814 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. agree/surfnet/professional sves mayor 10/12 7 of 11 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 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 agree/surfliet/professional svcs mayor 10/12 8 of 11 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. 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. agree/surfnet/professionalsvcs mayor 10/12 9 of 11 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 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. agree/surfnet/professionalsvcs mayor 10/12 10 of 11 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a Gonzalez, Quintana, and Hunter, LLC municipal corporation of the State of COMPANY NAME California i Mayor By: .DK[.4V U print name City Clerk ITS: (circle one)Chairman/Presi�Qice��esid�l�'1 n�, r// II IN D AN OVED: By: s G c Z print name ITS: (circle one)Secretary/Cief Financial Officer/Asst. Secretary-Treasurer REVTF OVED: APPROVED AS TO FORM: v City Att rn agree/surfnet/professional Svcs mayor 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Gonzalez, Quintana, and Hunter proposes a broad range of services to meet the needs of the City of Huntington Beach. We believe in a smart, focused approach to lobbying in Sacramento. Experience proves time and again that setting a few top priorities and then bringing the best minds to work on them typically bears fruit. Thus, our overall method and approach to meeting the legislative goals of our clients is to first get a sense of the organization's primary mission, strengths and challenges and then move through an orderly process to determine positions, develop strategies, design needed materials and work with coalitions to provide a desired outcome. Gonzalez, Quintana, and Hunter will immediately begin work to identify strategies and proposals for the 2013-14 session and suggest shopping City sponsored legislation, if any, to prospective authors well in advance of the beginning of session to avoid the scramble for limited pieces of legislation once the session begins. We will also work with you to focus your efforts each year as part of a long-term strategy, thus enabling you to better harness your ability to succeed. Prior to introduction of a bill or the budget, we will maintain contact with legislators, administration officials, governmental agencies, committee staff, industry representatives, and others who are interested in topics of concern to the City in an effort to determine, as far in advance as possible,pertinent legislation which may be introduced. We will develop and implement a strategy with appropriate individuals to influence the content of potential legislation prior to its introduction. Such a strategy may include forming a coalition of support with other interested parties and meeting with the potential sponsor to explain the logic of the client's position. In some cases, we will need input from the City that is as timely as possible and not limited by long lead times. Once a bill passes through committees and reaches the floor, we will lobby key members and leadership to ensure that Huntington Beach's viewpoint is represented in floor debates. If opposing legislation, then we will educate legislators making a statement in opposition. If supporting, we will prepare selected legislators to assist the author in making favorable statements on the floor. We are present when a bill is heard to assist in gathering votes. At any stage in the process, amendments can crop up and we will use our best judgment in dealing with these when we are unable to obtain direct input from Huntington Beach. Before a bill reaches the Governor, we will lobby the Governor's office and relevant state agencies to support Huntington Beach's position. (This is an ongoing process as the bill moves through the Legislature, which is given greater emphasis as the measure approaches the Governor's desk.)At this juncture, it may also be important for Huntington Beach city council members to reach out to the Governor. We will orchestrate such efforts but need to know we can depend on action when it will be beneficial to Huntington Beach's needs. EXHIBIT A It is our view that working cooperatively with Huntington Beach in the development of the city's key objectives will ensure that our team can exceed Huntington Beach's expectation. Our goal is to become not only outside consultants to Huntington Beach but integral team members that can bring our skills together with those of Huntington Beach's staff to develop strategies that protect what the agency has and proactively seeks opportunities to advance Huntington Beach's mission. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Working with the City staff to develop your proactive legislative program, administrative issues and funding strategies. By clearly determining your goals for the year, GQH is able to work throughout the legislative year with a lens of what you wish to achieve. This is also helpful in alerting you and quickly responding to potential threats or opportunities. Notifying the City of grants and other funding opportunities and developing any needed strategies to maximize those opportunities and, when appropriate, facilitate meetings or follow-ups with awarding State agency officials. Monitoring, tracking and analyzing proposed legislation and regulations along with assisting with the drafting of any proposed amendments and providing general advocacy on legislation and regulatory issues in California. Further, GQH will serve as the face of the City in the Capitol and before regulatory boards of interest,providing you with a consistent and trustworthy visible presence in Sacramento. Assisting the City in determining appropriate action and actively negotiating amendments with legislative staff and stakeholders on legislative proposals to maximize a favorable impact to the City. Consulting and developing strategic documents, position letters and background papers throughout the duration of the legislative process, allowing the City's voice to be heard by policymakers and stakeholders. Attending all appropriate legislative committee hearings and meetings and reporting actions taken in a timely fashion. We would ensure that the City is kept up-to-date on new developments and the status of key legislation and policy issues. Providing committee testimony before legislative committees. This includes both the substantive statement and the approach in presenting the testimony. Consulting with the City regarding appearance by City personnel before state committees and administrative agencies and arranging for appointments and accommodations for City personnel as necessary. Collaborating closely with other lobbying interests/coalitions, such as the League of Cities, and their advocates on issues of importance to the City-making certain you are well represented. We would also examine the priorities of the City with members of EXHIBIT A those and other coalitions to determine how to best leverage their support and momentum in achieving your goals. We have also worked collaboratively with both public and private labor organizations to achieve desired outcomes for our public agency clients. Building relationships with legislators and administration officials, including working with the District staff to develop a system of key contacts. We would suggest meeting with vital members of your delegation and key committee chairs shortly after contract commencement to touch base on your priorities and concerns. Additionally, we would make recommendations, schedule arrangements and strategize on messaging for additional meetings as needed throughout the year. This thorough approach ensures that we are well prepared to clearly and actively promote the City's priorities during the legislative year and allows the City to confidently focus on the issues at hand without worrying about administrative details. Coordinating any Lobby Day activities (usually as part of the League of California Cities or other group lobby days) and/or informational briefings for District representatives to meet with key legislators from the delegation and important committee chairs and members as referenced above. GQH has strong, existing relationships with these and other officials of interest, and by arranging a day to educate legislators on the City's priorities and direction, they will hear first-hand how policy will affect their community and the City. Developing a clear plan of communication between the advocacy team and the City. We would recommend that this include a regularly scheduled conference call at an interval and time of convenience to the City, along with written reports in a format and frequency helpful to the City. Visiting the City in-person as requested, at a minimum of once a year,to meet with staff and prepare for the legislative session. In addition to these in-person visits, GQH would be readily available to City staff via phone and email with quick response time. Assisting the City in completing the required lobbyist employer registration and quarterly reporting requirements by sending timely reminders and quarterly memos with pertinent information. C. CITY'S DUTIES AND RESPONSIBILITIES: • Provide prompt communication on essential needs related to City interests. • Make available to Gonzalez, Quintana& Hunter LLC, 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 Gonzalez, Quintana.&Hunter LLC. EXHIBIT A D. WORK PROGRAM/PROJECT SCHEDULE: TBD EXHIBIT A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) -Monthly retainer of$3,500 -Annual contract amount not to exceed$42,000 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 GONZALEZ, QUINTANA&HUNTER, LLC FOR STATE LOBBYIST SERVICES Table of Contents 1 Scope of Services.....................................................................................................11 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.................................................................................................I.....................10 29 Effective Date.................................................................................11 5 � INSURANCE AND INDEMNIFICATION WAIVE MODIFICATION REQUEST ; i 1. Requested by: Teri Baker/ Ccf h44,Lajc 84�c<— A 1 �4f3 2. Date: 1/30/14 3. Name of contractor/permittee: Gonzales, Quintana.& Hunter LLC i 4. Description of work to be performed: State Lobbyist Serycies i 6. Value and length of contract: $126,000 over 3 years 6. Waiver/modification request: Professional Liability Ins. 7. Reason for request and why it should be granted: Company claims this coverage is cost prohibitive because it is not an industry standard 8. Identify the risks to the City in approving this waiver/modification: None noted. 01-30-2014 Departrn Signature Date: APPROVALS Approvals.must be obtaineii in the order listed on this forrri; Two approvais are.required fora request to.be gi•eriti=d..Appm*al.from-he City Administrator's Office is only:required if. t Risk Martegerient and.the Citjr Aftorney s:Office disagree. 1. Risk Management j ❑ Approved ❑ Denied Signature Date 2. City rney's Office Approved ❑ Denied ALI� ,2-Id-`(L( Si at re Date 3. City Manager's Office Approved ❑ Denied _lZ Signature Date lf.approved, the completed waiver/modification request is to be submitted to the City Attorneys Office along with.the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources 'De 4CIW j a,: gS Gt1Cf r/ 2 Icy Gt i,A A Inctimrra{A/2ige r Fnrm_(;nr»alac 01init�na S4 N=rntar rii HB -293- ------- Item 11. - 42 1/30/2014 9:21:00 AM ATTAC H M E N T #2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VAN SCOYOC ASSOCIATES, INC. FOR FEDERAL 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 VAN SCOYOC ASSOCIATES, INC., a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide Federal 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 Steve Palmer who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnedprofessionalsves mayor 10112 1 of 11 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSTANT are to commence on ZE423Ru.�/P 20L (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 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. 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 one hundred thirty five thousand Dollars ($135,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work 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." agree/surfnet/professionalsvcs mayor 10/12 2 of 11 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 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional svcs mayor 10/12 3 of 11 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 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 agree/surfnebprofessionalsvcs mayor 10/12 4 of 11 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. 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 agree/surfnebprofessional Svcs mayor 10/12 5of11 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. 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. agree/surfnet/professional Svcs mayor 10112 6 of 11 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 Van Scoyoc Associates, Inc. ATTN: Teri Baker Attn: Steve Palmer 2000 Main Street 101 Constitution Ave,NW Huntington Beach, CA 92648 Suite 600 West Washington, DC 20001 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. agree/surfnet/professional svcs mayor 10/12 7 of 11 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 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 agree/surfnet/professional svcs mayor 10/12 8 of 11 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. 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. agree/surfnet/professional Svcs mayor 10/12 9 of 11 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 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. agree/surfnet/professional svcs mayor 10/12 10 of 11 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. CONSULTANT, CITY OF HUNTINGTON BEACH, a Van Scoyoc Associates, Inc. municipal corporation of the State of COMPANY NAME California yor By: H. Stewart Van Sco�o/ print name Vty Clerk 1y/10 ITS: (circle one)Chairmmlsidervice President AND IN ED AND APPROVED: By. u Janet/Buckle print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secret -Treasurer REV D APPROVED: if y Manager APPROVED AS O FORM: City Att agree/surfnedprofessionalsvcs mayor 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) •Providing Strategic Intelligence and Communications. VSA will work with the City to draft and implement a Federal advocacy and action plan. VSA is committed to submitting monthly reports on activities and meetings, as well as time-sensitive reports on Federal activities that affect each part of this process. This will include regular summaries of congressional hearings, committee meetings, floor debates,regulatory actions,budgetary proposals, and third party analysis of issues of concern.VSA will also draft legislation as needed, analyze relevant Federal proposals, and prepare briefings and updates for dissemination to City Council Members and staff. • Using Partnerships to Amplify the City's Agenda. VSA will advocate for Huntington Beach's interests with the National League of Cities and other relevant national organizations and interested parties to ensure the City's agenda is included in the broader efforts of these associations. VSA's activities with these partnerships will be reported as part of the monthly update to the City. •Liaison with Capitol Hill and Federal Agencies. VSA will keep Congressman Rohrabacher, Senator Feinstein, and Senator Boxer abreast of the City's funding and legislative priorities. In addition, VSA will help raise the City's profile among the congressional committees and Federal agencies of importance to the City,making Huntington Beach more competitive for grant funding and ensuring that legislation addresses the City's needs. • Coordinate Washington, D.C. Lobby Trip. VSA will organize, schedule and attend to all aspects of the City's Federal advocacy trips to Washington,D.C., including accompanying City officials to each meeting. Just as importantly,we will prepare all briefing papers and ensure there is adequate time to prepare Council Members for each meeting. • Grant Support. VSA will provide the City with grant announcements as they are made available. Additionally,VSA will review grant applications and provide support to the City on all applications, obtaining congressional letters of support, and helping to identify new funding opportunities. •Legislation and Regulations. VSA will alert the City when legislation is introduced that could impact Huntington Beach and report on meetings we have had to influence these initiatives. We will track regulatory and policy issues emanating from Executive Branch departments and will help the City prepare appropriate responses. We will draft letters,briefing papers, amendments, and legislative report language to address the City's concerns. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: VSA will work with the City to draft and implement a Federal advocacy and action plan. Additionally, VSA is committed to preparing and submitting monthly reports on activities EXHIBIT A and meetings, as well as time-sensitive reports on Federal activities that affect each part of this process. This will include regular summaries of congressional hearings, committee meetings, floor debates, regulatory actions, budgetary proposals, and third party analysis of issues of concern. VSA will also draft legislation as needed, analyze relevant Federal proposals, and prepare briefings and updates for dissemination to City elected officials and staff. VSA will work with the City to build and communicate local grass roots support for each project to demonstrate local needs and benefits. VSA will work with local partners to communicate support of Huntington Beach's priorities to Representative Rohrabacher, Senator Boxer, and Senator Feinstein. VSA will also work to mobilize the support of national coalitions. VSA currently coordinates with organizations such as the U.S. Conference of Mayors and the National League of Cities on a number of issues. For example,VSA has work with these public interest groups to advocate on the importance and continuation of tax exempt bonds for municipalities in any kind of tax reform legislation that may be considered. Similarly, despite its delay,we continue to work for House passage of the "Marketplace Fairness Act," a bill that would streamline more than 7,500 diverse sales tax jurisdictions and provide two options by which states could begin collecting sales taxes from online and catalog purchases. VSA will advocate for Huntington Beach's interests with relevant national organizations and other interested parties to ensure they are included in the broader efforts of these associations. VSA's activities with these partnerships will be reported as part of the monthly update to the City. VSA will re-establish day-to-day contact with Senators Dianne Feinstein and Barbara Boxer, as well as Representative Rohrabacher. We will provide liaison services as needed to the congressional committees to implement the City's legislative strategy. We will also reach out to other congressional offices in the State of California on issues of regional significance such as infrastructure,public safety, and economic development. VSA will keep Congressman Rohrabacher, Senator Feinstein, and Senator Boxer abreast of the City's funding and legislative priorities. In addition, VSA will help raise the City's profile among the congressional committees and Federal agencies of importance to the City,making Huntington Beach more competitive for grant funding and ensuring that legislation addresses the City's needs. VSA will organize, schedule and attend to all aspects of the City's Federal advocacy trips,including accompanying City officials to each meeting. Just as importantly,we will prepare all briefing papers and ensure there is adequate time to prepare Council Members for each meeting. VSA will provide the City with grant announcements as they are made available. Additionally,VSA will review grant applications and provide support to the City on all applications, obtaining congressional letters of support, and helping to identify new funding opportunities. VSA will provide updates to the City when legislation that could impact Huntington Beach is introduced and report on meetings we have had to influence these initiatives. We will track regulatory and policy issues emanating from Executive Branch departments and will help the City prepare responses and filings. We will draft letters,briefing papers, amendments, and legislative report language to address the City's concerns. EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: • Provide prompt communication on essential needs related to City interests. • Make available to Van Scoyoc&Associates and 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 Van Scoyoc &Associates. D. WORK PROGRAM/PROJECT SCHEDULE: Proposed Schedule: February—March 2014 • Travel to the City to meet with the City Council, City Manager, department heads, and other staff. • Build and strengthen working relationships, discuss the legislative and regulatory priorities for the City for the year, and develop implementation strategics. • Meet with Senator Feinstein, Senator Boxer, and Congressman Rohrabacher and their staff to introduce the new Federal advocacy team for the City and to discuss the strength of prior advocacy efforts and future initiatives. • Develop and coordinate with the City on the 2014 Federal advocacy implementation plan for the start of the second session of the 113 Congress. • Contact U.S. Conference of Mayors and National League of Cities leadership, alerting them that VSA will serve as the City's Federal advocate and coordinating on key policy initiatives. • Coordinate with the City on format for reporting and providing regular updates to the City on issues of concern. VSA tracks numerous pieces of legislation, as well as dozens of separate priority items and appropriations accounts. VSA will work with Huntington Beach to set up reporting measures that are tailored to the City's wishes and that provide complete accountability for the work we do on your behalf. • VSA will ensure that the City's priorities in the Water Resources Development Act are appropriately addressed in the bill during the conference with the Senate and House. • Monitor the Federal Register and Executive Branch grant announcements,providing summaries to the City on a weekly basis. • Congress will be considering significant issues including comprehensive tax reform,whether to raise the debt ceiling,whether to adjust the budget sequestration. VSA will keep the City apprised of major developments and deadlines, and monitor these issues for opportunities to advance the City's priorities. Likewise, VSA will help the City advocate against any funding cuts to key economic development, transportation, law enforcement, or other programs that support quality City services. • In January,the Executive Branch will begin implementing budget sequestration for the year, provided Congress does not strike a deal to repeal or replace it. VSA will help Huntington Beach work with the congressional delegation to advocate that Federal agencies use their flexibility to prevent cuts to programs important to the City. EXHIBIT A • In January, the President will deliver his State of the Union address.VSA will provide the City with information on any relevant legislative proposals, as well as information on how these proposals are being received in Congress. • The City's leadership team will likely come to Washington, D.C. in February or March to brief the congressional delegation and agency officials on the City's priorities for the coming year. In consultation with Huntington Beach officials,VSA will schedule these meetings, prepare white papers,talking points, as well as participate and assist with any follow-up. • The President will submit the FY 2015 budget proposal to the Congress in late February. VSA will attend agency budget briefings and provide summaries, focusing on programs most important to the City. • Based on the proposed budget,VSA will prepare and submit programmatic funding requests to the Huntington Beach delegation, striving to ensure that Federal programs important to the City are fully funded. VSA will seek letters of support from Senators Feinstein and Boxer, as well as Congressman Rohrabacher to the Appropriations Committee for program funding increases. • House and Senate Appropriations Committees begin to hold hearings on the President's FY 2015 budget. VSA will attend congressional hearings on agency budget requests and other authorization bills,providing analysis of issues important to the City. • Congress may consider a reauthorization of the Workforce Investment Act. VSA will monitor this legislation, and help the City advocate for investment in job training and programs to attain Citywide economic development goals. • Congress must begin to consider legislation to extend MAP-21,the transportation bill that funds highway,bridge, and transit programs. VSA will monitor hearings and committee markups on this bill, as well as efforts to increase revenue for the Highway Trust Fund. • Monitor Federal Register and Executive Branch grant announcements,providing summaries to the City on a weekly basis. • Continue regular conference calls with City officials. April-June 2014 • VSA will travel to the City for on-site briefings and consultations. This will be a possible opportunity to brief the City Council on the status on implementation of the City's Federal legislative platform. • Congress will begin to move FY 2015 appropriations bills to the House and Senate Floor for • debate. VSA will help the City advocate for funding levels,programs, policies, amendments and report language to ensure these bills are favorable to the City. © VSA will engage the Congressman Rohrabacher and Senators Feinstein and Boxer on the FY 2015 budget, as well as developments on transportation, Workforce Investment Act,tax legislation, and other legislation being considered by the Congress. VSA will report back to the City on details of legislation, as it affects the City's Federal priorities. • Congress may begin considering comprehensive tax reform at the beginning of the year. VSA will monitor developments, engage with the City's congressional delegation, and actively participate in coalitions to support the goals of the City. • Congress may consider a budget reconciliation bill that could propose major cuts.VSA will review these proposals and work with the City to address how it will affect the City's ability to deliver services. • Monitor Federal Register and Executive Branch grant announcements,providing summaries to the City on a weekly basis. EXHIBIT A Continue regular conference calls with City officials. EXHIBIT A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) -Monthly retainer of$3,750 -Annual contract amount not to exceed$45,000 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 VAN SCOYOC ASSOCIATES, INC. FOR FEDERAL 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................................................................I....I......................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 VANSC-1 OP ID: KE DATE(MM/DD/YYYY) �.,.. CERTIFICATE OF LIABILITY INSURANCEDA02/11/2014 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 Independent Insurance Center PHONE FAX P.O.Box 2303 AIC No Ext: AC No): Leesburg,VA 20177 E-MAIL Suter,Haycraft&Simmons ADDRESS: INSURERS AFFORDING COVERAGE NAIL# INSURER A:Travelers Property Casualty Co INSURED Van Scoyoc Associates, Inc. INSURERB:The Standard Fire Insurance Co 101 Constitution Ave NW#600 Washington, DC 20001 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 L POLICY NUMBER MM/DD rUBR Y EFF LTR MWDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 630813399167 07/01/2013 07/01/2014 PREMISES fEa occurrence $ 300,00 CLAIMS-MADE ®OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COEa aMBINEDccidentS INGLE LIMIT $ 1,000,000 A X ANY AUTO 8108B399167 07/01/2013 07/01/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS $ NON-OWNED ROPERTY ACCIDENT) HIRED AUTOS AUTOS (PER X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE CUP8121399167 07/01/2013 07/01/2014 AGGREGATE $ 5,000,00 DED FX RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ORY LI ITS R B ANY PROPRIETOR/PARTNER/EXECUTIVEY/N UB8B399167 07/01/2013 07/01/2014 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,00 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 City of Huntington Beach ACCORDANCE NOTICEON DATE THEREOF, WILL BE DELIVERED IN E TH E E POLICY PROVISIONS. 2000 Main Street Huntington, CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD VANSC-1 OP ID: KE ACO9e LJ§ DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 02/11/2014 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 Independent Insurance Center PHONE I FAX P.O.Box 2303 A/C No Ext: A/C No Leesburg,VA 20177 E-MAIL Suter,Haycraft&Simmons ADDRESS: INSURER S AFFORDING COVERAGE NAIC# INSURER A:Executive Risk Indemnity Inc INSURED Van Scoyoc Associates,Inc. INSURER B: 101 Constitution Ave NW#600 Washington,DC 20001 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 L POLICY NUMBER M SUBR M DDY EFF POLICY EXP LTR LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE To RENTE5__ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTYDAMAGE $ HIRED AUTOS AUTOS PER ACCIDENT $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ TATU WORKERS COMPENSATION WCDRY SLIMIT O R AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/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 $ A Errors&Omission 68026778 07/01/2013 07/01/2014 50000 ded 2,000,00 retro date 4/17/03 CLAIMS MADE aggregate 27000,00 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 Irl of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington, CA 92648 AUTHORIZED REPRESENTATIVE zl;4 t 0--a ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD City of Huntington Beach State Advocacy RFP Finalists Townsend Public Affairs, Inc. Gonzales, Quintana&Hunter, LLC Age of the firm 16 years 3 years Number of years of collective experience of Over 90 Over 50 senior team members in Califomia's legislative and regulatory arena Bipartisan firm Yes Yes Maintains fully-staffed offices in Yes No Sacramento AND Orange County Current municipal clients 22 Clients 1 Client TPA has represented over 50 cities GQH registered first and only throughout California,including the Bay Area, municipal client in November of 2013. Central Valley and Inland Empire. In addition to cities,TPA has represented over 70 public agencies throughout California, including the Orange County Sanitation District and the Orange County Water District Total value of state grants secured for $619,869,725 ??? public agency clients Includes$30,000,000 grant for the Groundwater Replenishment System of the Orange County Water District and the Orange County Sanitation District. Represents a coalition of west Orange County cities that successfully defeated Yes No multiple efforts by the Orange County Transportation Authority and CalTrans to install toll lanes along the 1-405 freeway. Registered state advocate for the South No Yes Coast Air Quality Management District (SCA QMD) Can actively, aggressively, and publically lobby FOR the APPROVAL of AB 1102(or similar legislation)to amend SCAQMD Yes ??? regulations in order to protect beach fire pits in the City of Huntington Beach. SuPP r L pia 97 TAL COMMUNICATION IC TI Meeting bate; Agenda Item No... � City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk February 26, 2014 Van Scoyoc Associates, Inc. Attn: Steve Palmer 101 Constitution Ave., NW Suite 600 West Washington DC 20001 Dear Mr. Cucchiara: Enclosed for your records is a copy of "Professional Services Contract Between the City of Huntington Beah and Van Scoyoc Associates, Inc. for Federal Lobbyist Services." Sincerely, doan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, Nevv Zealand