HomeMy WebLinkAboutK Street Consulting, LLC - 2022-02-01 (2) 2000 Main Street,
Huntington Beach,CA
City of Huntington Beach 92648
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File #: 22-069 MEETING DATE: 2/1/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Approve and authorize execution of a Professional Services Contract with K Street
Consulting, LLC for Legislative Advocacy and Grant Management Services
Statement of Issue:
The City completed a Request for Qualifications (RFQ) process to retain a legislative advocacy and
grant management services consultant. Based on the RFQ assessment, staff requests authorization
to execute a Professional Services Agreement with K Street Consulting, LLC ("K Street") to advocate
for the City's priorities and policies on the federal, state and local levels and to also identify and apply
for grant funding for major projects. The term of the agreement is three years.
Financial Impact:
K Street's services will require a monthly fee of $8,000 for legislative advocacy and grant
management services over the term of the agreement. The agreement is capped at $100,000
annually, and sufficient funds are budgeted in 10030101.69365.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and K Street Consulting, LLC for Legislative Advocacy and
Grant Management Services."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Staff recommends awarding a Professional Services Agreement to K Street for legislative advocacy
and grant management services. K Street would advocate for the City's priorities and projects on the
federal, state and local levels and also identify and apply for grant funds to support hallmark
programs and projects that the City will be undertaking.
Prior to this agreement, Townsend Public Affairs (TPA) had been providing legislative advocacy and
grant management services for the City since March 2014. The most recent contract with TPA
City of Huntington Beach Page 1 of 2 Printed on 126/2022
.=ne.3Q%Le:sta "
File #: 22-069 MEETING DATE: 2/1/2022
expired in January 2022, and the City - as required by the city's contracting policies - issued an RFQ
for legislative advocacy and grant management services. Through this RFQ, the City had an
opportunity to consider firms with varying approaches to legislative affairs and their own extensive
network of stakeholders who can further the City's goals. Staff received and evaluated four
proposals and identified K Street as the highest ranked. K Street has extensive experience working
on a wide array of issues including water, capital infrastructure, cannabis, and veteran's services. K
Street also has locations in Sacramento and Washington D.C., with government agency clients
throughout California and has committed to providing the City with a legislative program that is
tailored to the ongoing and future priorities of the City Council.
K Street's scope of work includes an ongoing assessment of local, state and federal legislation that
unfolds throughout the year. K Street's findings will be reflective of the City's current and future
priorities and include timely recommendations to make progress on those priorities. K Street will
draft letters, position statements, and legislative language as needed and will also maintain strong
relationships with stakeholders and elected leaders to facilitate collaboration. K Street's proactive
approach includes facilitating meetings between City representatives and leaders on the local, state
and federal levels to place Huntington Beach priorities on the forefront and ensure that future
initiatives are included in legislation and funding requests. K Street will also be responsible for
presenting a monthly agenda to the Intergovernmental Relations Committee (IRC) and developing a
list grant opportunities and submitting grant applications to support City programs at the direction of
the IRC and staff.
As such, staff recommends awarding an agreement to K Street which will charge $8,000 per month
for their services. The agreement is capped at $100,000 per year. The term of the agreement is for
three years, with the option to renew for one additional year.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Professional Services Agreement with K Street Consulting, LLC
2. RFQ for Legislative Advocacy and Grant Management Services
City of Huntington Beach Page 2 of 2 Printed on 1/2 612 0 2 2
wwerc310 Legatar"'
City Council/ ACTION AGENDA February 1, 2022
Public Financing Authority
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute 'Professional Services Contract
Between the City of Huntington Beach and Disability Access Consultants, LLC for ADA Self-
Evaluation and Transition Plan "
Approved 7-0
15. 22-069 ITEM WITHDRAWN APPFoyed and aLAho-rized exesatiOR 01 a PFefessional
Services
and Grant Management SeFY+Ges.
16. 22-061 Approved and authorized execution of Amendment No. 5 to Agreement
with Biggs Cardosa Associates, Inc. (BCA) for bridge design
services in the amount of $301,857.00, for a total contract amount not
to exceed $3,115,654.00 and extending the contract term 3 years
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute "Amendment No 5 to Agreement
Between the City of Huntington Beach and Biggs Cardosa Associates. Inc. for Bridge Design
Services '
Approved 7-0
17. 22-062 Approved the purchase of 23 replacement vehicles from National
Auto Fleet Group using lease financing and authorized the City
Manager to enter into all documents necessary to lease finance the
purchase of the vehicles
Recommended Action:
Approve the purchase of 23 replacement vehicles utilizing 5-year lease financing at an interest
rate not to exceed 2 375 percent and authorize the City Manager to enter into all documents
necessary to lease finance the purchase of the vehicles and take all administrative and
budgetary actions necessary to complete the purchase and financing
Approved 7-0
ADMINISTRATIVE ITEMS
18. 22-074 Selected Orange County Power Authority (OCPA) Alternative Default
Energy Product Offerings for Residential/Commercial customers and
City facilities offered
Recommended Action:
Select Basic Choice. Smart Choice. or 100% Renewable Choice as the default energy product
PROFESSIONAL SERVICES CONTRACT BETWEEN i
THE CITY OF HUNTINGTON BEACH AND
K STREET CONSULTING, LLC
FOR
LEGISLATIVE ADVOCACY AND GRANT MANAGEMENTXSERVESTHIS AGREEMENT ("Agreement") is made and entered intoe
City of Huntington Beach, a municipal corporation of the State California, hereinafter
referred to as "CITY," and, K Street Consulting, LLC, ereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the rvices of a consultant to provide
Legislative Advocacy and Grant Management Se ices; and
Pursuant to documentation on file in a office of the City Clerk, the provisions of
the Huntington Beach Municipal Cod , Chapter 3.03, relating to procurement of
professional service contracts have be complied with; and
CONSULTANT has been ected to perform these services,
NOW, THEREFORE, i is agreed by CITY and CONSULTANT as follows:
1. 5COPE OF RVICES
/sotitnes
NT shall provide all services as described in Exhibit "A,"
which is nd incorporated into this Agreement by this reference. These
services sreinafter be referred to as the "PROJECT."
NT hereby designates Pamela Lopez who shall represent it and
be its solt in all consultations with CITY during the performance of this
Agreement.
NO ACTION
TAKEN
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2. CITY STAFF ASSISTANCE /
CITY shall assivn a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TER7NI: TINIE OF PERFORNIANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence on 20 (the "Commencement Date"). This Agreement shall
i
automatically terminate three (1) 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 three (3) years from the Conmmencement 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 be nefit 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 b a I terms and conditions as provided herein.
4. COMPENSATION
In consideratZn of the performance of the services described herein, CITY
agrees to pay CONSUL/FANT the rates specified in Exhibit "B," which is attached hereto
and incorporated by�ference into this Agreement, it fec, including all costs and expenses,
not to exceed Three hundred Thousand Dollars (S300,000.00). y
5. E\TRA 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
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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 E hibit "13,"
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all matelots prepared hereunder,
including, without limitation, all original drawings, designs,/orts, both field and office
notices, calculations, computer code, language, data op rogranns, neaps, memoranda,
letters and other documents, shall belong to CITY,/Zn CONSULTANT .shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur/st. These materials may be used by CITY
as it sees fit. /
8. MOLD HARMLESS/
A. CONSULTANT hereby agrees to protect, defend, indemnify and
hold harmless CITY, its office, elected or appointed officials, employees, agents and
volunteers from and again4(tany and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liaety of any kind or nature) arising out of or in connection with
CONSULTANT'(or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) peermance of this Agreement or its failure to comply with any of its
obligationeontained in this Agreement by CONSULTANT, its officers, agents or
emplo e 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 CONS UL,TANT's counsel. ']'his indemnity shall
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apply to all claims and liability regardless of whether any insurance policies are applicable.
i
The policy limits do not act as limitation upon the amount of indeninification'lo be
provided by CONSULTANT.
13. To the extent that CONSULTANT performs "Design Professional
Services" within the meaning of Civil Code Section 2782.8, then/e 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, dames, 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 thcost to defend charged to CONSULTANT exceed
CONSULTANT's proportionate percentage of fault. However, notwithstanding the
previous sentence, in the evenUonc or more other defendants to the clainns and/or litigation
is unable to pay its share of/fense costs due to bankruptcy or dissolution of the business,
CONSULTANT shall 1114 and confer with CITY and other defendants regarding unpaid
defense costs. Tile du� to indemnify, including the duty and the cost to defend, is limited
as provided in California Civil Code Section 2782.8.
C. Zy
Regardless of whether subparagraph A or 13 applies, CiTY shall be
reimbursed CONSULTANT for all costs and attorney's fees incurred by CiTY in
enforcing�this obligation. This indennnity shall apply to all claims and liability regardless
of N h�her any insurance policies are applicable. The policy limits do not act as a
I n'itation upon the annount of indemnification to be provided by CONSULTANT.
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i
i
9. PROFI3SSIONAL, LIABILITY INSURANCE J/
CONSUCfANT 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 anio t 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
i
consent of CITY; however an insurance policy "deductible" of "fen Thousand Dollars
($10,000.00) or less is permitted. A claims-made 4icy shall be acceptable if the policy
further provides that:
A. The policy reh'oactive date coincides with or precedes the initiation
i
of the scope of work (including subsequent policies purchased as
renewals or replacements).
13. CONSULTANT sliall notify CITY of circumstances or incidents
that 111jght give rise to luture claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended criod of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at last two (2) years to report claims arising from work performed in
i
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
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effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE,
Prior to commencing performance of the work hereUnder,.QONSULTANT
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
i
shall:
A. provide the name and policy numbei of each carrier and policy;
B. state that the policy is currently/in force; and
i
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 CONSUL;TANT's defense, hold harniless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the ori/ginal or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
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1 1 . 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 em , oyc of CITY.
CONSULTANT shall secure at its own cost and expense, and be resp�ns ible for any and
all payment of all taxes, social security, state disability in�urance 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 OP AGREEMEN'C
i
All work required hereunder shall be performed in it good and workmanlike
manner. CITY may terminate CONS UL;TANf'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
'Phis 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.
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14. COPYRIGHTS/PATENTS
CITY shall own all ri-hts to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
i
CONSULTANT shall employ no CITY official nor ariy regular CITY
employee in the work performed pursuant to this Agreement. Noofficcr or employee of
CITY shall have any financial interest in this Agreement inwiolation 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 CONSULLTTANT's agent (as designated in Section I
hereinabove) or to CITY as the situation sht" tll 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 no ices, certificates or other communications will be sent by
notif}ping 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 K Street Consulting, LLC
ATTN: City iklanager Attn: Pamela Lopez
2000 Main Street 1826 Capital Avenue
Huntington Beach, CA 92648 Sacramento, CA 9588 1
i
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17. CONSENT
i
When CTTY's consent/approval is required under this Agreement, it_
consent/approval for one transaction or event shall not be deemed to be a coil sent/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
i
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and gubject 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
i
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. INTERPRI CATION OP 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
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and de/ci-y, be deemed an original. Each
duplicate original shall be deemed an orig narlinstrunient 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 sc4c of services contemplated hereunder. CONSULTANT understands that
pursuant t l anlingion Bench City Charier Section 309, the City Attorney is the exclusive
legal 7tunsel for CITY; and CITY shall not be liable for payment of' any legal services
expen"scs incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL /
Terms and conditions of this Agreement, which by then- sense and context
survive the expiration or termination of this Agreement, shall so'survive.
26. GOVERNING LAW /
This Agreement shall be governed 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/eir 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 po er is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY/
The p 4ti(s acknowledge and agree that they are entering into this
Agreement freZile
l and voluntarily following extensive arm's length negotiation, and that
each has had opportunity to consult with legal counsel prior to cxeculing this
Agreement/rhe 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
th at party has not executed this Agreement in reliance on any representation, inducement,
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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 partics respecting
the subject matter hereof.
29. EFFECTIVE DATE j
This Agreement shall be effective on the date of its approval by the City
Attorney. This Agreement shall expire when tenrinatcZ provided herein.
IN WITNESS WHEREOF, the pat-tics here/to have caused this Agreement to be
executed by and through their authorized officers.
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CONSULTANT, CPfY OF HUNfINiTON BEACH,
K STREET CONSULTING, LI_C a municipal corporation of the Statc of
California
B
City Manager
pl'ull llanll'
ITS: (chcleone) 'hainna 'residcnW lliccl'residel INITIATED AND APPROVED:
AND �.
City Manager'
APPROVLDA/S/TT 'l-FORM:
ITS: (circle One) seaclary/ChiefPinnncialOfficcr/Assl. . r Attolney
Stcrelary—Troasurcr
ate
L RECEIVE AND FILE:
City Clerk
Date
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CONSULTANT, CITY OF HUNTINGTON BEACH,
K STREET CONSULTING, LLC a municipal corporation of the State of /
California
By:
City Manager
print name ITS: (circ•le ate) ChnirmmilPresidenW INITIATED AND APPROVED:icc President /
AND
City Manager
By: APPROVEDAS T 'ORM:
print mmnic / 1/
ITS: (circle are) Secretary/Chic(Financial Of iccr/Asst. ttorney
Secretary—Treasut er /
ate
12L'CEIVL AND FILE..:
City Clerk
Date
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EXHIBIT "A"
A. STATEMENT OP WORK: (Narrative of work to be performed) /
Provide legislative advocacy and grant management services on an on-needed basis, in
support of the City Council's policies and priorities.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: /
Consultant services will be requested by the City on an as-needed basis and may include the
following duties and responsibilities:
Coordinate the City's efforts to proactively assess regional, state and federal legislative
options or issues that Unfold throughout the year; help,guide the City's policy objectives by
raising, discussing, and recommending any action that may benefit the City and support its
programs and priorities.
Act quickly on the City's behalf to rapidly clh ping developments that may impact the
City's policy and legislative matters.
Maintain strong and effective working relationships with stakeholders and elected leaders
that represent the City on the regional„state and federal levels. Facilitate open
communication and collaboration to help the City achieve its policy and program goals or
address issues of interest.
Draft letters, position statements, legislative language, and talking points on legislation as
requested by staff.
Identify potential grant funding opportunities for City services, projects, and programs.
Provide grant writing services and follow up with granting agencies to facilitate a successful
application, when requested by staff. Assist with the execution of grant documents.
Prepare and present a monthly agenda for the City's Intergovernmental Relations Committee
that includes all current legislation and issues that may impact the City. Each agenda item
should include a comprehensive written report that details the pros and cons of each
legislation or policy; its origins, current status and timeline to potential adoption; and its
impacts to the/City of 1-luntington Beach.
C. CITY'S DUTIES AND RESPONSIBILITIES:
The City shall work collaboratively with the Consultant to assist in facilitating the
aforementioned scope of work.
D. WORK PROGRAM/PROJECT SCHEDULE:
EXHIBIT A
325
EXIIII31T "B"
Payment Schedule (Fixed Fec Payment) i
I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set
forth herein in accordance with the following progress and payment schedules.
Monthly rate not to exceed $8,000. j
2. Delivery of work product: A copy of every memorandum, letter port, 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 CONSUL,TANT's firm that the
work has been performed inkaccordance with the provisions of this Agreement;
and
I: For all payments include/in 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 f 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
326
FIRM SUBMISSIONS FOR
RFQ FOR LEGISLATIVE ADVOCACY AND GRANT MANAGEMENT SERVICES
1. Alcalde & Fay
2. K Street Consulting
3. Principal Strategic Advisors
4. Townsend Public Affairs
w
HUNTINGION BEACH
REQUEST FOR QUALIFICATIONS
(RFQuaI)
FOR
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
RFQuaI RESPONSE DUE DATE
Friday, September 24, 2021 @ 4:00 p.m.
327
CITY OF HUNTINGTON BEACH
1��3y LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
BACKGROUND INFORMATION
Background
The City of Huntington Beach is widely known as Surf City, U.S.A. with 8.S miles of beach and a popular
surf culture that draws 4 million visitors annually. Beyond the beach,the City offers residents a picturesque
community with ideal weather, a robust and diversified economy, a wide variety of housing, and an
excellent education system. Huntington Beach is located along the Southern California coast in Orange
County, 3S miles south of Los Angeles and 90 miles north of San Diego. Named for railroad magnate Henry
Huntington who orchestrated its development, the City is now an epicenter of restaurants, entertainment,
and outdoor activities well-known throughout the region.
Purpose
The City seeks a qualified and dynamic team ("Consultant") to provide legislative advocacy and grant
management services at the regional,state and federal levels. The Consultant would perform these services
under the direction of the City Manager's Office and in direct support of the City Council's policies and
priorities. This Request for Qualifications ("RFQuaI") invites all interested and qualified Consultants to
submit a proposal that describes their ability to provide the aforementioned services, in accordance with
the legislative, policy, and funding needs of the City of Huntington Beach.
Interested Consultants should prepare and submit a comprehensive proposal as detailed in this RFQuaI.
After review, the City will establish a short list of the most qualified Consultants to be contacted for further
evaluation including interviews and reference checks.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 p.m.
328
CITY OF HUNTINGTON BEACH
.l LEGISLATIVE ADVOCACY AND
. ..- GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SCOPE OF WORK OVERVIEW
The City of Huntington Beach seeks qualifications from well-qualified firms to provide legislative advocacy
and grant management services, in support of the City Council's policies and priorities. To build an effective
partnership with the selected firm, this RFQuaI assesses each firm's qualifications and approach to the
proposed scope of work below. Then, after reviewing the responses received, the City will identify the
best consultant to serve our needs moving ahead.
The following includes a general scope of the work to be pursued by the selected consultant:
1. Coordinate the City's efforts to proactively assess regional, state and federal legislative options or
issues that unfold throughout the year; help guide the City's policy objectives by raising, discussing,
and recommending any action that may benefit the City and support its programs and priorities.
2. Prepare and present a monthly agenda for the City's Intergovernmental Relations Committee that
includes all current legislation and issues that may impact the City. Each agenda item should
include a comprehensive written report that details the pros and cons of each legislation or policy; its
origins, current status and timeline to potential adoption; and its impacts to the City of Huntington
Beach.
3. Act quickly on the City's behalf to rapidly changing developments that may impact the City's policy
and legislative matters.
4. Maintain strong and effective working relationships with stakeholders and elected leaders that
represent the City on the regional, state and federal levels. Facilitate open communication and
collaboration to help the City achieve its policy and program goals or address issues of interest.
5. Draft letters, position statements, legislative language, and talking points on legislation as
requested by staff.
6. Identify potential grant funding opportunities for City services, projects, and programs. Provide
grant writing services and follow up with granting agencies to facilitate a successful application,
when requested by staff. Assist with the execution of grant documents.
After assessing the responses received, the City plans to enter into an agreement with the selected
consultant(s). The City may enter into agreements with several consultants, based on City needs and the
qualifications of the responding firms. Additional contract details will be developed with the identified
contractors), based on the provisions of the response submitted by each responding firm.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 p.m.
329
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
f GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
CONTENT OF RESPONSES
Responses submitted to the City should include the following components:
1. Cover Letter
a. A cover letter signed by the individual authorized to represent / negotiate on behalf of
the responding firm.
2. Firm Qualifications
a. An overview of qualifications for the firm, which should include the type of organization,
size, professional registration, and affiliations of the company.
b. Resumes and backgrounds of the principal staff who will be working directly and regularly
on this initiative with the City as well as their roles. Clearly identify the project lead who
will be responsible for the day-to-day management of the contract.
c. Provide a minimum of five (5) references of current or former clients and representative
projects undertaken in the last three years demonstrating experience relevant to this
request and that are related to government advocacy (cities preferred). Provide the
contact person's name, title, address, phone number, and email address. Provide a list of
current clients.
d. Describe the Consultant's established strategic relationships with stakeholders, if any,
that the Consultant would partner with to achieve outcomes that support the City's
legislative and policy positions.
e. Explain what you would do in a situation where two or more of your clients have
conflicting views and/or positions on a matter in which you've been asked to advocate on
behalf of the City.
f. Describe your process for identifying grants and to complete a grant application.
g. Provide any suggested modifications to the Scope of Work listed above.
3. Understanding of and Proposed Approach to the RFQuaI Scope of work:
a. Describe the recommended approach to the City's legislative advocacy needs, as outlined
on Pages 3 of this RFQuaI (Scope of Work).
4. Estimated Costs
a. Provide a rate proposal based on a monthly fee schedule.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 F.M.
330
CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SUBMITTAL GUIDELINES
The deadline for receiving responses is no later than 4:00 p.m. on Friday, September 24, 2021. Without
exception, responses will not be accepted after this deadline.
Respondents are required to submit the following:
Complete written proposals must be submitted electronically in PDF file format via the PlanetBids.com
website no later than 4:00 p.m. (P,S.T) on Friday, September 24, 2021. Proposals will not be accepted
after this deadline. Faxed or e-mailed proposals will not be accepted.
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 5:00 p.m.
PST) on September 14, 2021 for response.
It is important to note that the City reserves the right to reject any and all responses. The City will not be
liable for, nor pay for any costs incurred by responding firms relating to the preparation of the response. An
explicit provision of this RFQuaI is that any oral communication is not binding on the City's RFQuaI response
process or selection criteria.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 p.m.
331
•". CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
SELECTION OF FIRM
RFQuaI Assessment Process
The City will coordinate a review and evaluation of all responses received by the City in response to this
RFQuaI. As part of the assessment process, the City will place particular emphasis on the qualifications
/ experience of the individuals assigned to the project; directly relevant qualifications/experience of the
firm; the ability for the firm to undertake the management of the RFQuaI scope of work; and each firm's
understanding and proposed approach to the project. The following specific criteria will be used in the
evaluation process:
1. Qualifications and experience of the individuals assigned to the contract
2. Qualifications and experience of the responding firm
3. Experience and track record conducting similar work for similar cities.
4. Understanding and approach to the proposed scope of work in Huntington Beach
5. Proposed Fees
Overall Assessment/Selection Process
After assessing all of the responses received, the most qualified respondents will be invited to participate
in an interview with City staff. Following that interview process,the City will identify a selected specialist(s)
to partner with on this project. The selected specialist(s) will be asked to enter into a Professional
Service Contract with the City. The anticipated timeline for these next steps is as follows:
RFQuaI Submittal Deadline: September 24, 2021 no later than 4:00 p.m.
• Interviews w/Selected Firms: A mutually agreed upon time between City &
identified firms week of October 18, 2021
Selection of Firm(s): November 2021
The City may also contact and review the bidder's references; contact any bidder to clarify any response;
contact any current users of a bidder's services; solicit information from any available source concerning any
aspect of a Proposal; and seek and review any other information deemed pertinent to the review process.
The review board shall not be obligated to accept the lowest-priced Proposal(s), but shall make an award in
the best interests of the City.The City will only open the fee proposal if the firm is one of the finalists.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 p.m.
332
^ CITY OF HUNTINGTON BEACH
LEGISLATIVE ADVOCACY AND
GRANT MANAGEMENT SERVICES
REQUEST FOR QUALIFICATIONS
After written Proposals have been reviewed, discussions with prospective firms may or may not be required.
If scheduled, the oral interview will be a question/answer format for the purpose of clarifying the intent of
any portions of the Proposals. The individual from your firm that will be directly responsible for carrying out
the contract, if awarded, should be present at the oral interview.
A Notification of Intent to Award may be sent to the vendor selected. Award is contingent upon the successful
negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to
competing vendors unless an agreement is reached. If contract negotiations cannot be concluded
successfully, the City may negotiate a contract with the next highest scoring vendor or withdraw the RFQuaI.
TERMS AND CONDITIONS
The following terms and conditions apply to this RFQuaI:
1. All responses shall become the property of the City.
2. Due care and diligence has been exercised in the preparation of this RFQuaI and all information
contained herein is believed to be substantially correct. However, the responsibility for
determining the full extent of the services rests solely with those making responses. Neither the
City nor its representatives shall be responsible for any error or omission in this response, nor for
the failure on the part of the respondents to determine the full extent of their exposures.
3. The City reserves the right to select firms from the responses received; to waive any or all
informalities and /or irregularities; to re-advertise with either an identical or revised scope, or to
cancel any requirement in its entirety; or to reject any or all responses received.
4. A response to this RFQuaI does not constitute a formal bid, therefore, the City retains the right
to contact any / all proposing firms after submittal in order to obtain supplemental information
and/or clarification in either oral or written form. Furthermore,an explicit provision of this RFQuaI
is that any oral communication made is not binding on the City's response process.
5. The City will not be liable for, nor pay for any costs incurred by responding firms relating to the
preparation of any response for this RFQuaI.
Please carefully review the Sample Agreement and Insurance Requirements before responding to
the Request for Qualifications enclosed herein. The terms of the agreement, including insurance
requirements have been mandated by City Council, and can be modified only if extraordinary
circumstances exist. your response to the Request for Qualifications must indicate if you are
unwilling or unable to execute the agreement as drafted as well as providing the insurance
requirements. The City will consider this in determining responsiveness to the Request for
Qualifications.
Legislative Advocacy Services RFQuaI
Submittal Deadline Friday,September 24,2021 by
4:00 p.m.
333
REQUEST FOR PROPOSAL
VENDOR APPLICATION FOR\9
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E-Mail Address:
Phone: Fax:
Contact Person for Proposals:
Title: E-Mail Address:
Business Telephone: Business Fax:
Is your business: (check one)
❑ NONPROFIT CORPORATION ❑ FOR PROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION ❑ LIMITED LIA131LITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
I oft 334
Names & Titles of Corporate Board h9embcrs
(Also list Names & Titles of persons- with written authorization/resolution to sign contracts)
Names Title Phone
Federal Tax Identification Number:
City of Huntington Beach Business License Number:
(If none, you must obtain a Huntington Beach Business License upon award of contract.)
City of Huntington Beach Business License Expiration Date:
2of2
335
CI 1 Y 01' 1'IUN I INC 1 ON BLACH INSURANCE: REQUIREMENTS
S
Minimum Insurance Requirements
Vendor TyPC Additional
Automobile Professional Property Insured
Liability General Liability Liability Insurance Workers'Congt Endorsements
Huntington Bench Ciq•Council Resolution No.2008-6.3 reyuires.runmila!ofrertifirates of insurance evidencing drefidlosvinr;miniunrnr limit.,with a California
admitted carrier with a current LIL Best's Ruling of no less than A:V1L Sec F_dh/hhs AI - 4 fir sample firrnhs.
F,mait:Justin.ll csscls�+srrrjcin'-hh.org or//eather.Cwunphelh a..vurfi•iq,-hh.org I'll one:7/4-374-5 i7S or 714-536-5 2l0.Far: 714-536-5 212.
A tq•deductible other than those allowed in Iris matrix,.self-insured retentions or sinrilurfnrnrs of coverage limitations or nntdi ication.,ours(be approved he the Rick
dlauuger and C•iq•Attorn ell oJ'the City q/lluntington Beach. NoTh' 11'uiverc mud/or rnodificntions ore discouraged aryl roil!he cansider'ed anQ'under rrtruurdinun�
circumstances.
COMI':ICtorS: Ally pclsons or entities who Minimum of Combined single limit As required by Include the
contract with the City and/or provide services to S 1,000.000 per bodily injury and the State of policy number
the City which are readily availahlc and occurrence for property damage. California, with and Additional
efficiently procured by competitive bidding. bodily injury. Minimum of Statutory Limits Insured
personal injury $1.000.000 per and Employer's Ln(lorscmcnt
Perand property occurrence. Allows Liability Requircnlenl
application
t : re C persons or entities who make damages. Allows up to S5.000 Insurance with Statement
application to the City for any use of or up to S 1,000 deductible. a limit of no below. (.lice A'ote
encroachment upon any public street, w:uenrty' deluctible.(Sce (Additional Insured less than 3 helont)
pier, or City property. Notc I below.) Isndorsetncul is aHvm•s $1,000,000 per
Vendors: Any persons of cntitics who tr,msfers required with General accident for
no ell, or goods to the Cit which nun or ma Liabilavins.) bodily in ur or
I 1 ' .' g Y T Y >• 3 >'
not involve delivery and/or installation. disease. (Sce
Nore 2 below.)
Note I - Automobile Liability: The City of Huntington Reach, its officers, elected or appointed officials, employees, agents and volunteers must be named as
certificate holder and :IS liddition:d insured by separate attached endorsement. 11cnniuces who do not use vehicles or equipment in connection with the permit
Shalt not be required to provide auto insurance. To be exempt from this requiieniem, permiltces must cscculc a declaration such as Exhibit I attached.
Note 2 - Worker Compensation Exemption: Il,cntity has no employees, a signed DCClttratlOo of Non-Iimployee Scotus form is required.
Note 3 - Additional Insured I ndorscmcnt Requirements: The City. its officers, clected or appointed olTiciuls, cmployecs, agents, and volunteers are to be
covered as ilddilion:d insureds by separate attached endorsement(s) as respects liability at 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 Ibc scope of protection afforded to the City.
1113 Insurance\tatris revised 4-7-16(2).s Iss I o14 336
CITY OE HUNTINGTON BEACH INSURANCE REQUIRFAMENTS
tMinimum Insurance Requirements
Yelldol- I vpe Additional
A ll(onuhbile PiofessionaI Property Insured
Liahility General Liability LiabilitN Insurance \\'urkers'Gnnp I•Sndunenw•nts
Huntington Beach Ci(l'Council Rcrohuiou No. 20l6R-63 requires subminal ofeertificates ofinsarance evidencing thefollowiug minimum limilr with a California
admitted carrier with a current A.M. Best'c liatit(1 of tw leas than :I:Vp. See hlvhihils ill - 4 for sample jorms.
F.umik.lustin.l VesseL'asurfe'llv-hb.ort;or Heather.Campbell asurf-itl•-hh.org Phone:714-374-5378 or 714-536-52/0. Fat-: 714-536-5212.
An 1,deductible other than those ullowcd in this ruatris,seif-insured retentions or similarfitrnhs of coverage limitations or nualijawlion.s tnual he approved hp the Risk
Manager and Cill-Atrorne;v ofthe C'i(v of Huntington Beach. A'(1%Yi: Waivers and/or modificarions arc discouraged and will he,onsidered onQ•under evlraordinar•p
circumstances.
Design Professionals: Professional service Minimum of
contractors who contract with the City andl/or S 1.000.000 per
provide architectural and/or engineering services OCelll'rc'IICe :tad
to the City. in the
Professional Services: Services that involve aggregate.Allows up to
the exercise ofprofessional discretion and SI0,000
indlcpcmlcnl jmlgmcnl based on an advanced or deductible.
specialized knowledge, expertise or training
gained by formal studies or experience or
services which are not readily or efficiently
procured by competitive bidding pursuant to 1-113
MUM Code 3.02. Services inclu(les but are not
limited to those services provided by appraisers,
architects, attorneys, engineers, instructors,
insurance advisors, physicians and other
specialized consultants.
Claims made politics are acceptable if the policy further provides that:
I) The policy retroactive date coincides with or precedes the prolcssiomtl services contractor's start of work (including subsequent politics purchased as
renewals or replacements).
2)The professional services contractor will make every ellirt to maintain similar insurcuue during dtc required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of:u least two (2)years to
repay claims arising from work performed in connection with this agreement or permit.
4) The reporting of circumstances or incidents that might give rise to future claims.
Ills Insuruuc\Ialrix revised•t-7-IG('-).xlss 2 of 4 337
CITY OP I1UNI'INGTON BEACH INSURANCE REQUIREMENTS
Minimum Insurance Requirements
VendorTypeAddi t io Fiat
Aulonwbile Professional Props rty Insured
Liability General Liability Liability Insurance Workers'Conlp Endorsements
1/unringunr Reach Ciry Council Remdution:Vo.2008-63 nryuins snhminnl ul2'enifirates njinsurmrcc•evidencing the firllorrin,g minimum limits with a California
admitted carrier wi(h a current A.M. /test's Rming of era less than A:P%1. See F-ehihits Al - 4 jor.sample•firms.
larraih.hrerica.ll'csscls a..vurJ2 in'-ldr.urg or llaathen Cm(uphrllCsurJi i(p-lrh.or.; Phone: 714-374-5.178or714-5i6-521(l.1-'av: 714-536-5212.
Aqr deductible ocher than deuce allowed in this mums,self-insured re(entions or.einrilar Jonas o/coverage limitations or madifieations rues(he approved hY the Risk
dGrnuger and Cill'Albnwee of(he Citl'✓lllunthwton/tench. A'OT8: 11'aivers and/or rnodiJicuriorrs are discouraged and will he considered anly under ertruordinurl•
circumstances.
es.
1JCC11SCCS/1.CSSeeS: Any persons or entities Combined single limit full As required by Include the
who contract with the City for the use of public bodily injury and rcplaccnlent the State of policy number
property. property damage. cost with no California. with and Additional
Minimum of coinsurance Statutory Limits Insured
S1,000.000per penalty and Employer's Endorsement
occurrence. Allows provision. Liability Requirement
LIP to$5,000 Insurance with statement
deductible. a limit of no belosy.(See A'ow
(Additionall'Istu'unce less than 2.)
Endnrrenrew is(Ilweivs S 1,000.000 per
required with General eCCidcnt for
Liobilitr/ns.) bodily Injury or
disease. (See.
Now I helow.)
Note 1 - workers' Compensation Exemption: If entity has no employees, a signed Declaration of Nan-Employee Status form is rcquircd.
Note 2 - Additional Insured Endot'5Cn1C111 Requirements: The City, its officers, elected or appointed officials, employees. agents, and volunteers are to be
covered ❑s additional insureds by separate attached endorscnent(s) 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. "I lie coverage shall contain no special limitations on the scope of protection afforded to the City.
338
[W Insurance Matris revised•t-7-IG(2).s1sa 3 of4
CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS
Huntington Beach Ci¢'Cotutc•il Resnlutaa:N'o. 2008-6 i requires suhmirta!nfcertificulrs of in.errnne•e evirfene•itir the
allowing atinintum limits erith a California admitted carrier with a current A.,ll. Rest's Ratin>,,of'no lees than A:V11.
:I to-deductible other than those allowed in this matrix,self-insured retentions orsintilarforms of coverage liutimtion.%or
rnodificutinas must he approved br the Risk llanager and Citr Attorney of the Citr of Huntington Reach. NOTE: Waivers
and/or modifications are discouraged and will he considered only under extraordinary circumstances.
Vendor Type Minimum Insurance Requirements
Professional Liability
Design Professionals: Professional service contractors who Minimum of S 1,000.000 per occurrence and in
contract with the Citv and/or provide architectural and/or the aggregate. Allows up to S10,000 deductible.
engineering services to the City.
Professional Services: Serx'ices that involve the exercise of
professional discretion and independent judgment based on an
advanced or specialized knowledge. expertise or training gained by
formal studies or experience or services which are not readily or
efficiently procured by competitive bidding pursuant to H13 S4uni
Code 3.02. Services includes but is not limited to those services
provided by appraisers, architects, attorneys, engineers, instructors,
insurance advisors, physicians and other specialized consuhants,
Claims made policies are acceptable if the policy further provides that:
I) The policy retroactive date coincides with or precedes the professional services contractor's start of work
(including subsequent policies purchased as renewals or replacements).
2)The professional services contractor will make every effort to maintain similar insurance during the required
extended period of coverage following project completion, including the requirement of adding all additional
insureds.
3) If insurance is terminated for any reason, professional services contractor 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 or
permit.
4) The reporting of circumstances or incidents that might give rise to future claims.
339
1111 lmunutce %latris revised 4-7-16(2).xlsx 4 of
PROFESSIONAL SERVICES CONTRACT BET\VEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
Table of Contents
I Scope of Services................... ........... I
2 City Staff Assistance............................................................................................... 2
3 Term: Time of Performance.....................................................................................2
4 Compensation...........................................................................................................2
5 Extra Work.............................................................................................................. 2
6 Nlethod of Payment...................................................................................................
7 Disposition of Plans. Estimates and Other Documents............................................3
SHold 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 ......................................................................... ................................ .......... S
ISNlodification............................................................................................................ 8
19 Section Headings .................................................................................................... S
20 Interpretation of this Agreement............................................................................. S
21 Duplicate Original................................................................................................... 9
22 Immigration.............................................................................................................. 9
23 Lcgal Services Subcontracting Prohibited ................................................................9
24 Attorney's Fees......................................................................................................... 10
25 Survival.......................................................................................................................... 10
26 Governing Lalv .........................................................................................................10
27 Signatories................................................................................................................ 10
28 Entirety..................................................................................................................... 10
29 Effective Date................................................................................. 11
340
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a nwnicipal corporation of the State of California, hereinafter
referred to as "CITY, and a
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the I-luntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with: and
CONSULTANT has been selected to perfoml these services,
NOW, THEREFORE, it is agreed by 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 tow, the "PROJECT."
CONSULTANT hereby designates who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agred surfnevpmfessional sacs 50 to 100
12-07 1 of 11
341
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERNI: THME OF PERFORNIANCE
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 tenninated as provided herein. All tasks specified in Exhibit
"A" shall be completed no later than 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
Dollars (S ).
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
agree/surinevpnofcssi on a I"cs 50 to 100
12-07 2 of 11
342
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 "R."
7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all orieinal 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 upfm 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.
S. HOLD I-IARNILESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and a.-ainst 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
CONS U LTA NT's (or CONSULTANT's subcontractors, if any) negligent (or alleged
negligent) perfonmance 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
agmrl surfncdpmfesmonaI sues 50 In 100
3-07 J Of 11
343
apply to all claims and liability regardless of'whether any insurance policies are applicable.
The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage (or CONSULTANT's professional liability in an amount not less than One iMillion
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 (SIO.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 fluure claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJI-CT 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
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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 tennination shall not
effect Consultant's right to be paid for its time and materials expended prior to notification
of ten3ination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURE\NCE
Prior to commencing performance of die work hereunder. CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attomev
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.
Q. 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.
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1 I. INDEPENDENT CON'hRACTOR
CONSULTANT is, and shall be, acting at all times in the perforniance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes. social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
Without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing. notice of which shall be delivered to
CONSULTANT as provided herein. In the event of tennination, 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.
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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 not 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 I
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
ATTN:
2000 Main Street
Huntington Beach, CA 92648
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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.
IS. NIODIFICATION
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 anv 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 Agrcement. 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
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contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or reputation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall.
irrespective of the date of its execution and delivery. be deemed an original. Each duplicate
original shall be deemed an oriental instrument as against any party who has signed it.
22. I1NINIIGRATION
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.
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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 nonpievailing party.
25. SURVIVAL
Terns 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 terns 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.
CONSULTANT's Initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arn's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to e.eecuting this
Agreement. The parties also acknowled_e 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
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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 writim, between the parties respecting
the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by and through their authorized officers. This Agreement shall be effective
on the date of its approval by the City Attorney. This Agreement shall expire when
terminated as provided herein.
CONSULTANT, CITY OF HUNTINGTON 13EACI I,
a municipal corporation ofthc State of
California
COMPANY NAME
Bv: City Administrator
INITIATED AND APPROVED:
print name
ITS: (circle one)Chairman/President/vice President
Director/Chief
AND
By:
APPROVED AS TO FOR,NI:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—"rrcasurcr City Attorney
Date
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L XHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
13. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
I.
C. CrrY'S DUTIES AND RESPONSIBILITIES:
I.
D. WORK PROGRAI,I/PROJECI' SCHEDULE:
EXHIBIT A
352
EXHIBIT °`B"
Payment Schedule (Hourly Payment)
A. FlourIv Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
B. Travel. Char,,es for time durima travel are not reimbursable
C. Billine
I. All billing shall be done monthly in fifteen (I5) 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.
d. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement:
13) 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
makinc 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
CONSUL fAN'l, in writings 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 tenninated as provided
herein.
I
Exhibit B
353
5. Any billin-s 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 tile
information required above, and in addition shall list the hours expended and hourly
rate chareed for such time. Such invoices shall be approved by CITY if the work
perfortned 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
354
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
I. 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 continents 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:
13) Describe the services perfonned;
C) Show the total amount of the payment due:
D) Include it certification by a principal metnber of CONS U LTA NT's firm that the
work has been perfonned in accordance with the provisions of this Agreement;
and
F) 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 perfomtance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement has expired or is temlinated 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 perfonned 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 front the ongoing
performance of the remainder of this Agreement.
Exhibit B
355
CITY OF HUNTINGTON BEACH
Inter-Departmental Communication
Hununcior+ etwce
TO: Honorable Mayor and City Councilmembers
FROM: Sean Joyce, Interim City Manager
DATE: February 1, 2022
SUBJECT: SUPPLEMENTAL COMMUNICATION FOR ITEM NO. 15 (22-069) -
APPROVE AND AUTHORIZE EXECUTION OF A PROFESSIONAL
SERVICES CONTACT WITH K STREET CONSULTING, LLC FOR
LEGISLATIVE ADVOCACY AND GRANT MANAGEMENT SERVICES
I request to remove Item No. 15 (22-069) from the February 1, 2022 meeting agenda so
that the item can be reviewed by the Intergovernmental Relations Committee (IRC) and
presented to the City Council for consideration at a future date in the near future.
SUPPLEMENTAL
COMMUNICATION
cc: City Clerk
Heathy Date: .1 // 1u
Agenda nem No. is 22 - U(pq