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Townsend Public Affairs - 2016-02-18
PROFESSIONAL SERVICES CONTRACT BETw`EEN THE CITY OF HUNTINGTON BEACH .A.N`D TOWNSEND PUBLIC AFFAIRS 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 Townsend Public Affairs, a California corporation, hereinafter referred to as "CONSULTANT " WHEREAS, CITY desires to engage the services of a consultant to provide Federal Lobbying Services, and Pursuant to doci.imentation on file in the office of the Cit% 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 bN CITY and CONSULTANT as follows I 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 Con Williams, who shall represent it and be its sole contact and agent in all consultations with CiTY dunng the performance of this Agreement 16-51 19/131933 l 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 2016 (the "Commencement Date") This Agreement automatically terminates one (1) year from the Commencement Date. with a one-year option to reneH, 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 general]} to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutualh, agreed to in wnting b\ CITY and CONSULT4NT In the event the Commencement Ddte 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 a fee. including all costs and expenses. not to exceed Two Thousand Dollars ($2.000 00 ) per month. for a total not to exceed amount of Thim Thousand Dollars ($30.000 00) 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 16-5119`13-3193- undertake such work only after receiving written authorization from CITY .Additional compensation for such extra work shall be allowed only if the prior wnnen approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terns of Exhibit "A." 7 DISPOSITION OF PLANS. ESTINCATES AND OTHER DOCUMENTS CONSULTANT agrees that tale to all materials prepared hereunder, including. without limitation, all original drawings, designs. reports. both field and office notices calculations, computer code, language. date or programs. maps, memoranda, letters and other documents shall belona to CITY. and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PRO iECT completion. whichever shall occur first These materials may be used b) CITY as it sees fit The provisions noted above do not apply to review documentation and/or rep iew working papers Copies of the review documentation and/or review working papers shall be available to CITY even subsequent to the termination of this Agreement, provided such disclosure does not undermine the independence or the alidity of the review process 8 HOLD HARMLESS CONSULTANT berebv asuees to protect defend, indemnify and hold harmless CITY, its officers. elected or appointed officials, emplovees, agents and volunteers from and against anti 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 16-i119/131933 CONSULTANT's (or CONSULTANiT's subcontractors. if am) negligent (or alleged ne-lioeni) performance of this Agreement or its failure to comply with any of its obligations contained to this Agreement by CONSULTANT. its officers, agents or employees except such loss or damage which was caused b) 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 an-, insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY 1NSUR-ANCE CONSULTANT shall obtain and furnish to CITY a professional habilit)' insurance policti 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 ($1,000.00000) 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 polic} 'deductible of Ten Thousand Dollars ($10.000 00) or less is permitted A claims-made polic\ 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 mi<uht Lyive nse to future claims 16-5119't319=3 ^- CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROTECT 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 ansing 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 nght_ 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 waives the nght 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 wort: hereunder. CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attornev evidencing the foregoing insurance coverage as required by this A«reement the certificate shall 4 provide the name and policy number of each carrier and policy; B state that the policy is currently in force. and C promise that such policy shall not be suspended. voided or canceled by either party reduced in coverage or in limits except after thirty (30) d ivs' prior written nonce. however. ten (10) days' 16-51191131933 5 prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foreooiniz insurance coveraLe in force until the work under thus Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance co"erage shall not -derogate from CONSULTANT's defense. hold harmless and indernmfication obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the ongunal or a copy of the poluc) of insurance CONSULTANT shall pay. to a prompt and timely manner.the premiums on the insurance heretnabove required 1 1 INDEPENDENT CONTRACTOR CONSULTANT is. and shall be, acting at all times to 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 e\pense. and be responsible for any and all payment of all taxes, social secunty state dusabulio- insurance compensation. unemployment compensation and other payroll deductions for CONSULTANT and its officers agents and employees and all business IlLenses, if any. in connection With the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hercunder 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 b) CITI' shall be made in writing notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished 16-4;1191131933 6 and unfinished documents, exhibits reports and evidence shall, at the option of CITY. become its property and shall be promptly delivered to it by CONSULTANT The provisions noted above do not apply to reN,iew documentation and/or review working papers Copies of the review documentation and/or review working papers shall be available to CITY even subsequent to the termination of this Agreement, provided such disclosure does not undermine the independence or the validity of the review process ]3 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 entitN without the prior express written consent of CITY If an assignment delegation or subcontract is approved; all approved assignees delegates and subconsultants must satisf\ the insurance requirements as set forth in Sections 9 and 10 hereinabove 14 COPYRIGHTS/PATEINTTS CITY" shall own all nghts to anv patent or copynght 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 to the work performed pursuant to this Agreement No officer or employee of CITY shall have an} financial interest in this Agreement in violation of the applicable provisions of the Culcfoimu Government Code 16 NOTICES Any notices. certificates or other communications hereunder shall be griven either b\ personal delivery to CONSULTANT's agent (as designated in Section 1 16-5119,131933 7 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 Ser-,ice. 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 CITE' TO CONSULTANT- City of Huntington Beach Townsend Public Affairs ATTN Antonia Graham Attn Con Williams 2000 Main Street 1401 Dove Street. Suite 330 Huntington Beach CA 92648 Newport Beach. CA 92660 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 am 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 onlN and are not representative of matters included or excluded from such provisions. and do not interpret 16->119/131933 8 define. limit or describe or construe the intent of the parties or affect the construction or interpretation of any pro\ision of this Agreement ?0 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 expressl} provided here As used in this Aareement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothinv contained herein shall be construed so as to require the commission of any act contrary to law. and wherever there is any conflict between anN- provision contained herein and any present or future statute. law. ordinance or regulation contrar) 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 1 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 16-5119/131933 9 22 IM-MIGRATION CONSULTANT shall be responsible for full compliance with the unmigration and naturalization laws of the United States and shall. in particular. comply u ith the pro-\isions of the United States Code regarding emplo}ment 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 expressIN outside the scope of services contemplated hereunder CONISliLT.ANT 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 ser\ices expenses incurred bti CONSULTANT 24 ATTORNiEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof. each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 25 SURVIVAL Terms and conditions of this Agreement which b} their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This -\-reement shall be voverned and construed in accordance with the laws of the State of California 16-5119 131Q33 10 27 SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authonry and right to bind their respective parties to each of the terms of thts _Agreement, and shall indemmf� CITY fully for any injuries or damages to CITY in the event that such authont- or power is not, in fact. held by the signatory or is witbdravAm 28 ENT=TY The parries acknowledge and agree that they are entering into this Agreement freely and volumardv fotlomrig extensive arm's length negotiation, and that each has bad the opportunit- 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 b}, that part, or anyone acting on that pain's behalf, which are not embodied in this Agreement. and that that pamr has not executed this Agreement in reliance on anv representation, .inducement promise. agreement_ warranty, fact or circumstance not express]-,, set forth in this Agrreemem Thus Agreement. and the attached exhibits. contain the entire agreement between the parties respecting the subject matter of this Agreement and supersede all prior understandingas and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE This %Lreement shall be effective on the date of its approval by the Cm Attorney This Agreement shall expire when terminated as provided herein I F-5119/'319-3 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers COD'S " " ANT. CITY OF HUNTINGTON BEACH. TOVA SE PL' LIC AFFAIR a mum i al corporation of the State of California By iha'vrcom �— Ci � per pn t name ITS (circle one)Chairman/PresidentNice President AD REV AND APPROVED By C U. M ager pnnt name ITS (circle one)Sf-cretarv/Chief Financial Officer/Am Secretan -Treasurer APPROVED AS RM Ctty ornev p1�0 z1181��0 Joan L.Flynn, City Clerk Received and Filed 16-5 1 19/131933 1 EXHIBIT "Al I' :t ut •.i ' ^. P U B L I C A F F A I R S i.sT 1998 r y �1'+ialsroi' WWW.TOWNSENDPA.COM SACRAMENTO • WASHINGTON, DC SOUTHERN CALIFORNIA • NORHERN CALIFORNIA _Letter of7ransmittal January 12, 2015 Fred Wilson City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Proposal for Federal Advocacy Services for the City of Huntington Beach Dear Mr. Wilson, Thank you for the opportunity to provide you with information about the scope of services Townsend Public Affairs, Inc. ("TPA") can offer the City of Huntington Beach ("CITY'). We have been proud to represent the City in Sacramento for the last year, and would be honored to advocate on your behalf in Washington DC. I have attached an outline of our proposed Scope of Services. TPA prides itself on providing the experience, resources, and political network expected from a premiere advocacy firm while also giving each client the unique brand of customer service they deserve: personal attention, accessibility and passion for their mission. TPA is comprised of a dedicated team of professionals strategically located in offices in Sacramento, Washington D.C., Northern California, and Southern California. TPA utilizes a proven strategy and protocol for managing client advocacy that would be tailored to reflect the unique strengths and challenges of the City.The long-term goal of our comprehensive approach to integrated governmental advocacy is to establish meaningful, knowledgeable, and lasting relationships on behalf of the City of Huntington Beach that will enable the successful pursuit of your legislative and funding matters. With particular respect to the specials needs of the City, TPA has a record of service that has generated significant legislative successes and project funding for our clients. Our ability to pass dozens of client sponsored legislation into law and secure over$900 Million in funding for clients is a result of our expertise in numerous policy areas. Again,thank you for your consideration of our firm as we would be proud and honored to represent the City of Huntington Beach in Washington DC. Please contact me if you have any questions or need additional information. Yours truly, Christopher Townsend President Q Proposal for Federal Advocacy Services I City of Huntington Beach Cost of TPA will carry out the City's desired Scope of Services through actions prescribed below. These actions are subject to change based on executive branch and congressional policy and political changes. ADVOCATE FOR THE CITY'S POSITION TPA will advocate for the City's position on legislative bills and regulatory matters of interest that are consistent with the City's federal priorities. TPA will also work to incorporate these policy positions in the City's legislative platform. TPA will advise the City on recommended legislative action and coordination with federal officials, members of Congress and congressional staff. TPA will advocate in partnership with the City on legislative, regulatory, and programmatic matters of interest through direct contact with congressional leadership and the Obama Administration. TPA staff is equipped with the skills and extensive network of relationships that allow the City's position to be shared with the appropriate targeted federal audience. This advocacy will occur in consultation with the City and through discussions with federal officials and congressional aides, drafting of position letters, and in person advocacy by TPA and the City staff when required. This will occur through discussion with our extensive network through Capitol Hill and the executive branch and by sending position letters from the City to their Congressional Delegation and other targeted members of Congress. Additionally, if necessary, advocacy trips may be utilized to have the City representatives share their position with the most critical decision makers. IDENTIFY FEDERAL LEGISLATION AND PROPOSED REGULATORY CHANGES TPA will identify federal legislation and proposed regulatory changes that may impact the City. TPA utilizes the most comprehensive web-based information service to access rich data, in-depth analysis, news, directories, integrated analytical tools, and real-time legislative information as well as leverage relationships with congressional aides regarding policy and regulations to keep ahead of the curve on its political and legislative advocacy strategy. MAINTAIN AND DEVELOP RELATIONSHIPS TPA maintains close relationships with members and staff of the California Congressional Delegation. In particular with Senator Dianne Feinstein, Senator Barbara Boxer, and the Orange County Congressional Delegation that includes City representative, Congressman Dana Rohrabacher. TPA will work closely with contacts where we have preexisting relationship, in addition to establishing further relevant alliances with stakeholders and other identified key individuals who will benefit the City. These close relationships with key representatives, congressional staff, executive branch officials, and the Obama Administration political appointees allow TPA staff to advance the position of the City and give the most helpful guidance and advice to the City on legislative strategy and grant opportunities. PROVIDE PROFESSIONAL REPRESENTATION TPA will represent the City in legislative and regulatory matters of interest through direct contact with congressional members and staff, administration officials, regulatory agencies, Governor Jerry Brown's Washington DC office and associations including U.S. 0 Proposal for Federal Advocacy Services 1 City of Huntington Beach Page 2 . • - . ATM - • Conference of Mayors, and National League of Cities. TPA will use its extensive network of relationships and contacts to make the City's presence known on Capitol Hill. TPA attends meetings, professional and networking events, committee hearings, speeches, and educational forums to gain greater understanding of issues and maintain a professional presence on behalf of the City. PROVIDE STRATEGIC ADVICE TPA will provide strategic advice, review and comment on the development of supporting documents and briefing materials for the City, including talking points, briefing books, information sheets, and letters from the City officials. The development of this information will occur through various means including phone calls, email, written updates and in person meetings. City goals and objectives in meeting planned priorities will be utilized to help develop this information. This information will be enhanced by the knowledge that TPA staff has of the political landscape and priorities of Congress and the Administration and subject matter expertise that the collective TPA team maintains. COORDINATE FEDERAL AND STATE AFFAIRS PROGRAM TPA will develop and implement appropriate strategies for coordinating the City federal lobbying activities with its state affairs program. TPA currently provides coordinated state and federal advocacy to 30 municipal clients in California. With a real understanding of politics and government affairs at both the federal and state level TPA is expertly positioned to prepare an advocacy plan that is complimentary of the City's state efforts. TPA is one of only a handful of firms that successfully conduct advocacy in Washington, DC and on a state level based on our team approach that includes strong communication and coordination of advocacy efforts between our state and federal offices. Specifically to Huntington Beach, our team offers experience working with the Huntington Beach Congressional Delegation on a number of federal issues. IDENTIFICATION AND CRAFTING OF FEDERAL GRANT OPPORTUNITIES TPA will monitor the release of grants and notify the City of relevant opportunities in a grant summary memo as well as email notifications. Additionally, TPA has developed relationships with federal department and agency staff that allow for timely notification of grant openings and access to support regarding existing or unsuccessful grant applications. Many staff contacts work closely with TPA to ensure our clients are aware of how to produce the best possible applications. TPA will be available to identify opportunities and will facilitate the grant writing and application process. TPA is available to assist in developing, writing and crafting applications to secure federal funding. Additionally, TPA will connect with members of Congress to obtain letters of support and any other resources useful to advocate on the City's behalf to secure funding. Q Proposal for Federal Advocacy Services I City of Huntington Beach Page 3 Description of Monthly Federal Advocacy Services $2,000 per month • Conduct In-Depth Orientation Included • Develop Legislative Platform and Strategy Included • Identify, Review, Analyze, and Track Legislation Included • Advocate the City's Position Included • Provide Professional Representation Included • Strengthen and Maintain Relationships with key Included Legislators and Other Organizations • Identify and Facilitate Funding Opportunities Included • Provide Status Reports Included • Prepare and File All Required Reports Included GT�re n�gnthly fee includes alCnormal business expenses ateriats, and fraiel"costs Proposal for Federal Advocacy Services City of Huntington Beach Page 4 ACCOR® CERTIFICATE OF LIABILITY INSURANr-E DATE(MMIDDNYYY) . . -... 9/3/2014 THIS CERTIFICATE IS ISSUED AS.A.MATTEi, ,iF INFORMATION ONLY AND CONFERS NO RIGHT 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 pollcy(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 andorsement(s). PRODUCER Ed ewood Partners Insurance Center(EPIC) NAME: 19000 MacArthur Blvd. PH Floor PHA sas 2s3 osos alc No): 94 253-09 Irvine, CA 92612 E-MAIL — -- ADDRESS: INSUR AFFORDING COVERAGE www.edgewoodins,com _ INSURERA_Ohio Security Insurance Company 24082 INSURED - INSURER B West American Insurance Company 44393 Townsend Public Affairs, Inc --- . -.....------- ----- - - ---- 1401 Dove Street, Suite 330 INSURERC: American Fire and Casually Company 24066 Newport Beach CIA 92660 INSURER D: INSURER E: - - - WSURER F: COVERAGES CERTIFICATE NUMBER: 21458613 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. - ioorcri L TYPE OF INSURANCE i ' POLICY NVIIWSII f Lut7ns - ... . A I e COMMERCIAL GENERAL LIABILITY , J BKS1556221809 8/31 214 I 8/31/2015 � EACH f .. ...2,000,0 � .MADE OCCUR� ' -PR£MI$ .__ OLAIMS 500,00 i (MED EXP(Any cne oe=n) �.i.... 15,00 1 (PERSONAL&ADV INJURY s f 21000,00 GEN'L AGGREGATE LIMIT APPLIES PER: i' GENERAL AGGREGATE _. S 4,000,000 ��.POLICY J E� L_l LOC I i PRODUCTS-COMPiOP AGO s ._•.'..... .4,000,00 OTHMr _ 9 s B AUTOMOBILE LIABILITr +: � {BA W1556221809 8131/2014 8/31/2015 :egddanq.I 'I''ululr ANY AUTO S '�. BODILY INJURY(Par person) is ALL OWNED SCHEDULED BODILY INJURY(Per acddent) S AUTOS AUTOS NON-OWNED �P Op`E pq E $ HIRED AUTOS P AUTOS S C I UMBRELLA LIAR ) I BUR ESA1556221809 8131I2014 )8/31/ZO1 5 EACH OCCURRENCE 5 3t00_0,OQ. _EXC£Ss LIAR CLAIMS-MADE. I; IGGREGATE - s_— 3,000,00 I.DED i ✓•RETENTION S0 I Products S CO oos s 3,000,000 WORKERS COMPENSATION I J , I PER OTH- 'AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN -� APPROVED AS TO FORM EL EACH ACCIDENT CFFICFRiMEiABER EXCLUDED? �N i A I (Mandatory In NH) t I E_L DISEASE EA EMPLOYED S 'II es describe under DESCRlPTIC N OF OPERA-PONS below EL DISEASE-POLICY U MI T t 3 1 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD I01,Acldltjonal Remarks Schedu ,may c mo spew In required) 10 Day notice of cancellation for non payment/30 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 Cityy of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE V��� John P.Pitchess �\\�T�\,•• \¢\ -Q ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERT RO.: 3:t158613 ^.L!ENT CODE: TOWN PUSL r:1."43ea .XM 9/3/2014 ..:13:sa AM (BU"'-i AGENCY CUSTOMER ID:TOWNPUBL.. .... __: _ LOC#: AC R s ADDITIONAL REMARKS SCHEDULE Page of NAMED WSURED Edgewood Partners Insurance Center(EP}C Townsend Public Affairs, Inc 1401 Dove Street,Suite 330 POUCY NUMBER Newport Beach CA 92660 CARRIER . - NAIC CODE .... __ EFFECTIVE DATE: ADDITIONAL REMARKS------ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Llabil' (01114) CERTIFICATE HOLDER: City of Huntington Beach ADDRESS: 2000 Main Street Huntington Beach CA 92648 The City, its officers, elected or appointed ppointed officials, employees, agents, and volunteers are to be covered as Additional Insured per attached endorsement as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection: afforded to the City, APPROVED AS TO FORM �- WhA41 0pB, City AtW ney ACORD 101"(2008101) m 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM CERT NO.: 21458613 CLIMfT CODE: TOWNPCS. Clar'_esa .C-, 9/31/2114 11:19:54 AM f20TT1 cage 2 ae 9 Townsend Public Affairs, Inc 9/3/2014 POLICY NUMBER: BKS1556221809 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR 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 iNury", "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 ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the locations) desig- covered operations has been completed; or rated 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 APPROVED AS TO FORM other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. Michael GV5, ty Artor ey CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of i ❑ CERT NO.: 2'4SB612 ClaziSaa. K1R 9/3/2914 11:19:54 IW (PDT! Parr_ 3 of S Townsend Public Affairs, Inc 9/3/2014 BKS1556221809 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- a This insurance is primary to and will not nce available to the additional insured. 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 APPROVED AS TO FORM �7J1 zl�Lto ir' By. City Attorney - MlthBel Gates, CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 CEAT NC..: 214586/3 (mr-mm com 70iN2U_L flarlaea Kiin 9/7/2014 L1:1.9iS4 AM fpun Mage 4 5 9/3/2014 Policy# BKS1556221809 COMMERCIAL GENERAL LIABILITY CG 24 0410 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. APPROVED AS TO FORM r i CG 24 04 10 93 By: --- --- `I �� © Insurance Services Office, Inc.,1992 A-Mlchael Gat a�City Attarnoy CERT AO.: 7.145C513 CLa P.1.VT COD.: TOWNPOSu Clarissa Kim 9!3/1014 11:14:54 M1 (POTI Bate S of 5 1 AcoRr� CERTI CATE OF LIABILITY INS DANCE D/25/AIODIY 725/2014 4 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. IFSUBROGATION IS WAIVED, subject to the terns 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 NAME Rich Higgins Bannister & Associates Insurance Agency Inc. ;HONE F ,. (714)536-6086 F 714)536-9054 CA License #0691071 EAM1^ .rich@bai-ins.com ADDRESS 305 17th Street INSURERLq AFFORDING COVERAGE NAIC R Huntington Beach CA 92648-4209 IN5DRERA:Axis Surplus Insurance Co. INSURED .... INSURER E: Townsend Public Affairs, Inc. IwsuRERc: 1401 Dave Street, Suite 330 INSURER D: INSURER E; iNewport Beach CA 92660 _ 1 INSURER F;- 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 POLiClES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IXP NSR TYPE OF INSURANCE ERE LICY F M/Ow -r +�+ POLICY NUMBER MMIDOlY F POLICY . LIMITS ........ _ .. GENERAL LIABILITY .. - EACH OCCURRENCE S... ... COMMERCIAL GENERAL LIABILITY CLAIMSMADE a.OCCUR '.MED EXP(Anyone person) S. .......,.. PERSONAL d ADV;NJURY _s I GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMI T APPLIES PER:. PRODUCTS CON1Pl0PAGG. S .. POLICY f7 FcCT D. LOC S AUTOMOBILE LIABILITY GLEL h1 artr _ $ ANY AUTO BODILY INJURY(Per person) S ALL OWNED A OS SCHEDULED BODILY INJURY(Perac=dnt) $ UT AUTOS HIRED AUTOS -NON-OWNED - -+PROPERTY DAMAGES AUTOS o& E 1$ i UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE S DEJ I I RETEN-,ON.$ 1 $ WORKERS COMPENSATION WC STA-T �O^r+ AND EMPLOYERS'LUABIUTY Y IA TORYANY PRCPRIETCR,PAR'NER.'EXECL'TIVE E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? MIA (Mandatory in NH) E L DISEASE-EA EMPLOYE S_ ifyes.describe under - _..._--._..__...,.r _... ...... (;FSCRIPTION OF CPER47ICNS below E.L DISEASE-POLICY UMIT,S A Professional Liability CNO00036191401 /31/2014 /31/2015 .Urnit(each ac'.hotW fmd): $ 1,000,000 etroactive date: 7/31/02.i Rewntion(eachwrcngfulact; $ 5,000 i 0E5ORIPTION OF OPERATIONS I LOCATIONS f VEHICLES(Attach ACORO 101,Additional Remarks Schedule,If morespace a re APPROVED AS TO FORM 1 Micheal(311104,City Attorney 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 ACCORDANCEWITH THE.POLICY PROVISIONS. 2000 Main Street _ Huntington Beach, CA 92648 AUTHORIZED REPRESENTAnVE Richard HagIgins/RICH �- _ .. ...._... _...... _ _. ................. _ ACORD 25(2010105) 01988-2010 ACORD CORPORATIOW*All rights reserved. INS025(201005)01 The ACORD name and logo are reglst®red marks of ACORD � CERTIFICATE OF LIABILITY INSURANCE 1DATE 2/0212 DD/YYYY) ACO� 12/02/2014 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 AME: PAYCHEX INS AGENCY INC AICNNo,Ezt: 877 362-6785 FAX ,No): 877 677.0"7 150 SAWGRASS OR E-MAIL ROCHESTER,NY 14620 ADDRESS: a hex ravelem.com (877)362-6785 NSURER(Sj AFFORDING COVERAGE NAIC f INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED INSURER B; TOWNSEND PUBLIC AFFAIRS INC 1401 DOVE STREET,SUITE 330 INSURER C NEWPORT BEACH,CA 92660 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 590938043221633 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 INSR VWD POLICY NUMBER MMIDD MMlOD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE E T RENTED CLAIMS-MADE OCCUR P R^ IS MED EXP(Any oneperson) $ PERSONAL 8 ADV INJURY $ GEML AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE IS POLICY ❑PRO-JECT ❑LOC PRODUCTS-COMP/OP AGG OTHER COM AUTOMOBILE LIABILITY (Ea acccidentSINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accdent) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ UM13RELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED RETENTION$ A WORKERS COMPENSATION N/A UB 4E415689-14 03/31/2014 03/31/2015 X I STATUTE �RH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in Ni E.L.DISEASE-EA EMPLOYEE $1,000,000 fins,describe under DCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more APPROVED AS TO FORK! By; Z It Lo rs CERTIFICATE HOLDER CANCELLATION CITY OF HUNTING T ON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (,� 4* ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH Professional Service Approval Form PART I RECEIVED Date 2/18/2016 Protect Manager Name Antonia Graham FEB 2 5 2016 Requested by Name if different from Protect Manager Department City Manager Finance Department PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement Federal lobbying-services 2) Estimated cost of the services being sought $24,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain 4) Check below how the services will be obtained ❑ A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b)—Other Interagency Agreement procedure will be utilized ® MC 3 03 08—Contract Limits of$30,000 or less exempt procedure will be utilized 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answ to this question is "No," the contract will require approval from the City Council ) ® Yes ❑ No Fiscal Sery es M61ager Signature (Purchasing Approval) Date 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit object# Fiscal IYe r Fiscal Year Fiscal Year WWI &S $ Duo $ $ $ $ $ $ $ $ Budget Approval Date De p ent Head Signature(s) Date ector f Financ 's Signature Date V-7-/lam Assista ity Manager's Signature Date APPROVED*bENI Ci M er's Signature Date town send'021 61 6'p rofessio nal service approval form-part i doc REV February 2015 CITY OF HUNTINGTON BEACH Professional Service Approval Form RECEIVED PART II FEB 2 5 2016 V Date 2/18/2016 Project Manager Antonia Graham Finance Departm,-r,� J 9 Requested by Name if different from Project Manager Department City Manager PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL PART I& II MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Name of consultant Townsend Public Affairs 2) Contract Number ADM Z.C716-03 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract $24,000 Account number Contractual Dollar Amount Business unit object# Fiscal Y Fiscal Year Fiscal Year Y ear IQ 10QU6 $ $ $ $ $ $ $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ❑ No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to the contract) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number) 9) Attach Exhibit A, which describes the proposed scope of work 10) Attach Exhibit B, which describes the payment terms of the contract Fiscal Services a rchasing) Date 1 1, Budget Maria r Approval Signature Date / � Director f Finance (or designee) Signature bate townsend'021816'professional service approval form-part ii doc REV February 2015 PROFESSIONAL SERVICES;- FISCAL YEAR 2015/16 ;CITY MANAGER. f -4, Department, Description a,,, Amount`, Professional services including governmental membership, state s and federal consulting/lobbying services, financial consulting, graphic services, legal services and City Manager other consulting and professional services related to business development, real estate services, public information, marketing and other administrative professional y` £ services $157,000-00 Veniior �a � �� Contract Value a ivvo �' „I Amounts °1� Notes 10/2/2015 Curt Pringle &Assoc $ 6,00000 $ 6,00000 AES related exp 11-30-15 12/8/2015 Curt Pringle &Assoc $ 6,00000 $ 6,00000 AES/AQMD exp 1-31-2016 2/19/2016 Townsend Public Affairs $ 24,000 00 $ / 24,000 00 one year contract a4kx O q Total Value; $ 36,000 00 Balance°� r.v $ 121,000 00