HomeMy WebLinkAboutTownsend Public Affairs - 2021-07-01 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
TOWNSEND PUBLIC AFFAIRS
I-OR
STATE LEGISLATIVE ADVOCACY SERVICES
THIS AGREEi\MENT ("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."
W IEREAS, CITY desires to engage the services of a consultant to provide the City with
state legislative advocacy 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 Cori Williams Takkinen who shall represent it
and be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to wort: directly Nvilh CONSULTANT in the
performance of this Agreement.
J. -TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on July 1 . 2021 (the "Commencement Date"). This Agreement shall
automatically terminate three (J) 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
one (1) year from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. CONIPENSATION
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 "13," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Thirty -Thousand Dollars (S 10,000).
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 CI TY is obtained.
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6. MET1-101) OF PAYML'-NT
CONSULTANT shall be paid pursuant to the terms of Exhibit I'll."
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
A. 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.
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B. To the extent that CONSUL PANT performs"Design Professional Services' within
the meaning ot'Ciyil Code Section 2782.8. then the following Hold Harmless provision applies in
place of subsection A above:
"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers. elected or appointed officials, employees. agents and volunteers. from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSUL TANT. In no event shall the cost to
defend charged to CONSULTANT exceed CONSULTANT'$ proportionate percentage of fault.
However. notwithstanding the previous sentence, in the event one or more other defendants to the
claims and/or litigation is unable to pay its share otdefense costs due to bankruptcy or dissolution
of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding
unpaid defense costs. The duty to indemnify, including the duty and the cost to defend. is limited
as provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or L3 applies. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's tees incurred by CITY in entorcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are. applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
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CONSULTAN-'s professional liability in an amount not less than One Nlillion Dollars
(SI,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 waives
the right to receive compensation and agrees to indemnify the CITY for any work performed prior
to approval of insurance by the CITY.
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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;
13. 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 liereinabove required.
11. INDEPI-NDENT CONTRACTOR
CONSULTANT is, and shall be. acting at all times in the perfonmance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense, and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
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payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if anv, 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 Y may terminate CONISULTANT's services hereunder at any time with or without
cause. and whether or not the 13ROJECT is full\, 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 CI"CY, become its property and shall be promptly delivered to it by
CONSULTANT.
13. ASSIGNIv1ENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned. delegated or subcontracted by CONSUL,TANT to any other person or entity without the
prior express written consent ol-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.
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
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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 Liven either
by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to
CITY as the situation shalt warrant, or by enclosing the same in it 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 1-luntington Beach Townsend Public Affairs
A"I-"ITT: Travis Hopkins, Asst, City A]— N: Christopher Townsend. President
Manaeer 1401 Dove Street. Suitc 330
2000 Main Street Newport Beach, CA 92600
Huntington Beach, CA 92648
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
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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 onh, and are not representative of matters included
or excluded from such provisions, and do not interpret, define. limit or describe. or construe the
intent ol'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. 11' 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 anv act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail. and the provision of' this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of-
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the (late 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. liMM1GRAT1ON
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 IIROI-IIBITED
CONSULTANT and CITY agree that CH Y is not liable Ibr 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
Hunthngton Beach C'i{y Chanter 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 PEES
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
attorneys fees trom the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement. shall so survive.
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26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws ofthe
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 o1-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 withdrwwn.
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.
29. EFFECTIVE DATE
-['his Agreement shall be effective on the date of its approval by the City Attornev.
This Agreement shall expire when terminated as provided herein.
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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 municipal corporation of the State of
Townsend Public Affairs California
Christopher Townsend, President
BY lel---
Diredor/Chief
VT V CHRIST HER TOWNSEND (PrrrsuartfToN8A1Cf3.03.J00J
print name APPROVED AS TO FORM:
ITS: (circle arQ Chairma 'residen ice Pnai lent
AND
By. City Attorney
CHRISTO HER TOWNSEND Date
rioI name
ITS: (circle on Sccretary/ hief Financial Officer/Asst. RECEIVE AND FILE:
Secretary—Treasu
City Clerk
Date
COUNTERPART
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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 municipal corporation of the State of
Townsend Public Affairs California
Christopher Townsend, President
By irector/Chief
(Pursuant To HBM( §3.03.100)
print name APPROVED AS TO FORM:
ITS: (circle one)Chairman/PresidentN ice President
AND + J
By: City AttomeY 111 '
Date �'M!
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE:
Secretary—Treasurer
4q4*L, fah .lea d
City Clerk
Date
COUNTERPART
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EXH1131T "A"
A. STATENIENf OF WORK: (Narrative ot'work to be performed)
Sce attached proposal
13. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
C. CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRANJ/PROJF-EC"l SCHEDULE
EKLIIBIT A
T * WNSEND
PUBLIC AFFAIRS
Esr TPA ���•
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WWW.TOWNSENDPA.COM
SACRAMENTO •WASHINGTON, DC
NORTHERN CALffORWA• CENTRAL CALIFORNIA
SOUTHERN CALIFORNIA
LEGISLATIVE ADVOCACY SCOPEOF
Oil
TPA will utilize the following strategic and comprehensive approach to provide legislative
advocacy services to the City of Huntington Beach ("City"):
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that
includes extensive meetings with various relevant members of city leadership and key city
departments to help develop a strategic plan that is carefully tailored to satisfy the needs of
the City, as well as designed for maximum success in the current political climate and
funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding
process. TPA will coordinate with the City to develop an official legislative platform and
strategy that represents the City s priorities in Sacramento This blueprint will be shared with
key stakeholders in the State Legislature and Governor's Administration
• Implement the Legislative Strategy: TPA will advocate for the City's legislative agenda
utilizing the following methods
Build and Strengthen Relevant Relationships: TPA has cultivated a network of
valuable relationships that will be leveraged to promote the City's legislative agenda.
Leverage Relationships for Strategic Advocacy Plan: TPA will engage various
techniques to leverage our network of key relationships on behalf of the City.
• Schedule meetings for the City to discuss relevant legislation
• Prepare all briefing materials and talking points for the City
• Brief legislative offices and stakeholders on the City's legislative agenda
• Follow-up on meetings to ensure commitments and deliverables are being
met
Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy
trips to Sacramento to meet with the City's legislative delegation, as well as
legislators that serve on committees relevant to the City s agenda Furthermore,
whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze. and monitor all bill introductions and
amendments relevant to the City legislative platform and assess their potential
impact on the City
o Craft Testimony and Position Letters: TPA will prepare and submit written and
verbal testimony regarding legislation relevant to the City. TPA will also draft and
deliver position letters to legislators and key officials on specific bill language
0 Proposal for Legislative Advocacy Services I City of Huntington Beach Page 2
EXHIBIT A
Draft Bill Language: TPA will draft language and amendments for relevant
legislation, as required to protect and promote the City's agenda
State Budget Funding Opportunities: In an effort to maximize state funding. TPA
will work with the City to identify projects and other funding priorities that may be
suitable for funding through the State Budget. TPA will coordinate with the City to
develop supporting materials for the budget request. TPA will also work with
members of the City state legislative delegation, along with the Assembly and
Senate Budget Committees, to gain support for the inclusion of the City's project in
the final State Budget approved by the Legislature.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will
provide timely electronic reports on the status of all legislative activity. such as bill language,
amendments, and committee analyses In addition to written reports. TPA will be available
to the City for conference calls. in-person briefings, and meetings
• Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the
City, all applicable state lobbying disclosure reports
0 Proposal for Legislative Advocacy Services I City of Huntington Beach Page 3
FEE SCHEDULE
DESCRIPTION OF SERVICES FEE
State Legislative Advocacy Services $5,000 Per Month'
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included
• Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• State Budget Funding Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included
'The monthly lee includes all reasonable business and travel expenses
0 Proposal for Legislative Advocacy Services I City of Huntington Beach Page 4
EXHIBIT"B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANTS fees for such services shall be based upon the following hourly rate and
cost schedule:
Monthly rate not to exceed $5,000 per month
Total contract amount not to exceed $30,000
B. Travel Charges for time during travel are not reimbursable.
C. Billing
I. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide,at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to 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.
4. CONSULTANT shall submit to CITY an invoice for each monthly 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
I
Exhibit B
into compliance, or until this Agreement has expired or is terminated as provided
herein.
5. 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.
2
Exhibit B
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
TOWNSEND PUBLIC AFFAIRS
FOR
STATE LEGISLATIVE ADVOCACY SERVICES
Table of Contents
1 Scope of Services................................................................................................................ 1
2 City Staff Assistance...........................................................................................................2
3 Term;Time of Performance................................................................................................2
4 Compensation......................................................................................................................2
5 Extra Work..........................................................................................................................2
6 Method of Payment.............................................................................................................3
7 Disposition of Plans, Estimates and Other Documents.......................................................3
8 Hold Harmless.....................................................................................................................3
9 Professional Liability Insurance ..............................................................................4
10 Certificate of Insurance.......................................................................................................5
11 Independent Contractor.......................................................................................................6
12 Termination of Agreement..................................................................................................6
13 Assignment and Delegation..................................................................................................6
14 Copyrights/Patents..............................................................................................................7
15 City Employees and Officials..............................................................................................7
16 Notices... .................................................................................................................7
17 Consent................................................................................................................................8
18 Modification........................................................................................................................8
19 Section Headings.................................................................................................................8
20 Interpretation of this Agreement.........................................................................................8
21 Duplicate Original...............................................................................................................9
22 Immigration..........................................................................................................................9
23 Legal Services Subcontracting Prohibited ...........................................................................9
24 Attorney's Fees..................................................................................................................... 10
25 Survival ................................................................................................................................ 10
26 Governing Law..................................................................................................................... 10
27 Signatories............................................................................................................................ 10
28 Entirety................................................................................................................................. 10
29 Effective Date.................................................................................I 1
�' ''�' INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Risk Management
2. Date: September 1, 2021
3. Name of contractor/permittee: Townsend Public Affairs
4. Description of work to be performed: Provide consultant work for state legislative
advocacy services.
5. Value and length of contract: $30,000, 3 years
6. Waiver/modification request: $5 000 SIR for Professional Liability
7. Reason for request and why it should be granted: The $5,000 SIR is standard part of their
policy. However, the City doesn't allow any allowances for self-insured retentions (SIR).
8. Identify the risks to the City in approving this waiver/modification: No risk to the City_.-
Department Head Signature ate:
APPROVALS
Approvals must be obtained in the order listed on this form Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree
1. Ri anagement I
Approved ElDenied of f/aaa j
Signal re Date
2. City Attorney's Office
❑ Approved ❑ Denied _
Signature Date
3. City Manager's Office
Approved ❑ Denied C -- - - —= r 2,0'Z �
Signature Date
If approved, the completed waiver/modi6calion request is to be submitted to the
City Attorney's 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
I
Waiver Farm 9/12021 3:07:00 PM
A�e CERTIFICATE OF LIABILITY INSURANCE DAT8/17/2 21
DB/17/2031
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 pollcy(les) must have ADDITIONAL INSURED provisions or 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 liau of such andorsemenl(a).
PRODUCE0. CONTACT Kerry Radialy
Bannister 6 Associates insurance Agency BANLPHONE - FAX
CA License IC691071 Ill{) 536-6096
305 17th Street karryBOai-Sae.caws
Huntington Beach CA 936{e-{109 ��"
WSUREMAFFOIWMCOVEPAN IIA101
RtU11pIA:Continental Casualty ON1191101V 20{{3
INSURED (969) 399-2050 BaaER a:Sltionwide Wtual Inwrsme On 23767
Townsend Public A[[aLre, ns0, we~C:Oak liver Insurnnce Company 34630
1401 Dose Street, Saite 330 WsUREl10:■Male Ins uraao• Company 37540-71
Nerpart beach CA 92660 WMRERE:
WWIIFR P:
COVERAGES CERTIFICATE NUMBER:Cart ID 7183 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE 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 RF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIDNISAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWIN MAY RAVE BEEN REDUCED BY PAID CLANS.
0AR AM MM Mr OF INSURANCE PMKYNUMAE0. IUVDPOLI� ML MIYYy LIMITS
A I COWERCMLOEN �LIlABa1TY !, (IIDCC,IRRENCE 1,000,000
CLANISAIAOE �OCCR Y a 6074573557 08/31/2021 08/31/2022 1" a 300,000
MEC EX VivGCOOM6 0 S_ _ 10 000
PERSONAL&ADVINARY aese Prof'1 L
filfl A001EOATEIMAPPLM PER: GENERAL AGGREGATE S 2,000,000
POL=[:]28
Q LOC PRODUCTS-COMPADPAGG S 2,000,000
OTHM 3
AUTOMOSRSUNRM CAOMWO SINGLEUMIT a
1,000,000
■ 2 ANY AIM ACT 3038752757 05/02/2021 OS/01/2022 SOCILY INJURY IPw Pw.) S
GAI E ONLYAUTO UOUILY B1ARY(Pee mc:II%r6) S
HMO NOMOMEO
AUTOS ONLY AUTOS ONLY I
S
A I IIIISIIYLAMAB I OCCUR A 6074S73560 N/11/M 00/31/202 EACHOOD RRBICE a 5 000 cool
eaceea LlAA clAIMILMAOE AgOrAM E 6 5 000 000
CEO I x 10,000 1 a
D ANDEI ILOTERENMTAAI rIN TONC2246211 07/01002 07/01/2027 I
AND E9 R3 CW r MMTM
ANYPROPRIETORFMTNERRFj ECUTW LLEAC14ACCIDENI 6 11000.000
OFFICERAIENSE REACLUrwol MIA
(19all to InW) ILL 010 "E-EA EMFtLOI 1,000,000
II27�e�s,b9ate Omw
OESCRIPIIONO OPEMTIONS te9R EL.DISEASE-POLICY LIMIT t 1,000,006
D Iro[eAaLocal Liability M]01D7210101 00/31/2tl 07/31/2023 Limit (lack claim)I a 2,000,000
incl Personal/Adv injury Retention, $5,000 Limit (aggregate), IS 4,000,000
The certificate
f cats holder is n named
as (addi toll,Aaii insured
iteM9,m9YM a9a9aMBmwe liability cacti[!eats holder is naaed ea additional Speared with rlapect• glaeral liability pollay limits.
APPRRO/V/E�D\AS TO FORM
J� CHAELF GATES
CITv ATTORNEY
T NGTON BEACH
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 ■each ACCORDANCE WITH THE POLICY PROVISIONS.
2000 main Street AUT/THOItIIZ'E�EDD REPRE/ENTATNE
Huntington Basch CA 916ee
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
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