4/19 SC - Request for Proposals (RFP) Document — City Council/Public Financing Authority, April 21, 2026

REQUEST FOR PROPOSAL
FOR

CREATIVE STRATEGY, BRANDING, MERCHANDISING, MEDIA,

COMMUNICATIONS, AND FILM INDUSTRY DEVELOPMENT SERVICES
City Manager’s Office

CITY OF HUNTINGTON BEACH
Released on April 13, 2026
SUPPLEMENTAL COMMUNICATION Meeting Date: 4/21/2026 Item No. 26-379 2 CREATIVE STRATEGY, BRANDING, MERCHANDISING, MEDIA,

COMMUNICATIONS, AND FILM INDUSTRY DEVELOPMENT SERVICES

REQUEST FOR PROPOSAL (RFP)

1. INTRODUCTION
The City of Huntington Beach (“City”), City Manager’s Office, invites qualified firms/vendors to submit proposals to provide Creative Strategy, Branding, Merchandising, Media, Communications, and Film Industry Development Services.

The City is committed to ensuring that all programs, services, and activities are accessible to individuals with disabilities. Accordingly, accessibility requirements are integrated into this solicitation/RFP and any resulting contract.

2. BACKGROUND
The City of Huntington Beach requests proposals from qualified creative firms with proven track records in building and managing a full brand economy and eco systems that will elevate the City and positively impact revenue streams by implementing creative strategies, boost branding, grow merchandising infrastructure, and provide methods and systems to increase citywide film permitting and production opportunities. The City desires experienced creative firms with established relationships in media, film, and multicultural art to help optimize citywide assets and further build the City brand economy. Interested firms may submit proposals for any specific creative aspect(s) or all aspects presented in this RFP.

3. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:

Release of RFP April 13, 2026
Written Questions Due By April 17, 2026, by 4:00 pm
Responses to Written Questions Posted April 21, 2026, by 4:00 pm Proposals are Due April 27, 2026, by 4:00 pm
Proposal Evaluation Completed May 1, 2026
Contract Award May 5, 2026

4. SCOPE OF WORK
The City desires creative, unconventional, cutting-edge approaches and strategies to maximize the development of Huntington Beach into a premier coastal city brand economy by increasing public perception, tourism, visitor spending, new business attraction, product development, staff training, merchandise infrastructure, media, communications, sponsorships, special events, and fully leverage film permitting production opportunities. 3 The City invites creative firms to freely propose strategies that will build overall brand strength and include technical methodology approaches to achieving these new goals and opportunities not yet defined in our traditional style of government operations. The City seeks creative firms to discover through a new lens the many ways to close opportunity-lost identity and revenue gaps and capture added value for all the community assets that include pristine beaches, parks, historical buildings, cultural landmarks, art center, museums, and engaging community events.

The City requests firms to propose creative ideas with an achievable technical approach to meet and exceed the goals described in the Scope of Work. Interested firms may submit proposals for any specific creative aspect(s) or all aspects presented in this RFP. These creative aspect items may include but are not limited to:
 Creative strategy and branding
 Merchandising & licensing
 Film industry development
 Special events and sponsorships
 Media and communications procedures and best practices

5. DIGITAL ACCESSIBILITY REQUIREMENT
To the extent applicable, all deliverables shall comply with:
 Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Firms should incorporate WCAG 2.2 requirements where feasible.

6. PROPOSAL FORMAT GUIDELINES
Interested creative firms are to provide the City of Huntington Beach with a thorough proposal using the following guidelines:

Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

The following proposal sections are to be included in the bidder’s response:

A. Vendor Application Form and Cover Letter
Complete Appendix A, “Request for Proposal-Vendor Application Form” and attach this form to the cover letter. A cover letter, not to exceed two pages in length, should summarize key elements of the proposal and the firms overall creative approach. An individual authorized to bind the firm/consultant must sign the letter. The letter must stipulate that the proposal fee / cost will be valid for a period of at least 180 days. Indicate 4 the address and telephone number of the firms office located nearest to Huntington Beach, California and the office from which the project will be managed.

B. Technical Approach and Project Summary Section
The Technical Approach and Project Summary Section should describe your understanding of the City, the creative approach for the work to be done, and the objectives to be accomplished. Refer to Scope of Work in this RFP.

C. Methodology Section
Provide a detailed description of the creative approach and methodology to be used to accomplish the Scope of Work in this RFP. The Methodology Section should include:
1) An implementation plan that describes in detail (i) the methods, including controls by which your firm manages creative projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2) Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements in the "Scope of Work" section. 3) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.

D. Staffing
Firms must designate a senior executive level creative director for the term of this project/ professional services agreement. Additionally, firms must provide a list of individual(s) who will be working on this project and indicate the functions that each will perform.

Include a resume for each designated individual.

Upon award and during the contract period, if the firm chooses to assign different personnel to the project, the firm must submit their names and qualifications including information listed above to the City for approval before they begin work.

E. Qualifications
The information requested in this section should describe the qualifications of the firm, key staff and sub-Firms performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Key staff - Names of key staff that participated in named projects and their specific responsibilities with respect to this Scope of Work.
2) Firm summary - A summary of the your firm’s demonstrated creative capability, including length of time that your firm has provided the varitey of creative services being requested in this RFP.
3) Provide at least three (3) references that received similar creative services from your firm. Preference will likely be given to experienced creative firms with established relationships in media, film, and multicultural art. 5 4) The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
 Client Name
 Project Description
 Project start and end dates
 Client project manager name, telephone number, and e-mail address

F. Fee / Cost Proposal
Creative firms are required to submit a fee proposal that includes a rate sheet / fee schedule.

7. PROCESS FOR SUBMITTING PROPOSALS
All proposals must be submitted in PDF file format.

 Content of Proposal
The proposal must be submitted using the format as indicated in the proposal format guidelines.

 Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

 Number of Proposals
Submit one (1) PDF file format copy of your proposal in sufficient detail to allow for thorough evaluation and comparative analysis.

 Submission of Proposals
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 April 27, 2026. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted.  Inquiries
Questions about this RFP must be directed in writing through the PlanetBids Q&A tab no later than 4:00 p.m. (PST) April 17, 2026, for response.

From the date that this RFP is issued until a creative firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP. No questions other than written will be accepted, and no response other than written will be binding upon the City.

 Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source, or to cancel this RFP in part or in its entirety. All proposals will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified.

6 8. EVALUATION CRITERIA

The City’s consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:

A. Compliance with RFP requirements
B. Understanding of the project – technical approach
C. Recent experience in conducting similar scope, complexity, and magnitude for other clients D. Educational background, work experience, and directly related creative consulting experiences
E. Fee / Cost
F. References

The City may also contact and evaluate the creative firms 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 evaluation process. The City shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the City.

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 proposal. 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 expediciously and successfully, the City may negotiate a contract with the next highest scoring creative firm or withdraw the RFP.

9. ACCESSABILITY COMPLIANCE REQUIREMENTS
The selected firm will be required to enter into a contract that includes the following accessibility provision:
“Firms shall ensure that all applicable digital content, systems, platforms, and deliverables comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and shall incorporate WCAG

2.2 requirements where feasible.”

10. STANDARD TERMS AND CONDITIONS

 Amendments
The City reserves the right to amend this RFP prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach 7 Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFP's; bidders should check this web page daily for new information.

 Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City.

 Contract Discussions
Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized, and all exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected, and discussions will be initiated with the second highest scoring firm and so on. See Exhibit B for a sample agreement.

 Confidentiality Requirements
The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals.

 Financial Information
The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm’s financial capabilities.

 Payment by Electronic Funds Transfer – EFT:

The City requires that payment be made directly to the vendor’s bank account via an Electronic Fund Transfer (EFT) process. Banking information will need to be provided to the City via an Electronic Credit Authorization form. A City Representative will provide the Electronic Credit Authorization form upon award. Vendor will receive an Electronic Remittance Advice with the payment details via email. It is solely the responsibility of the vendor to immediately notify the City of any change to their information related to payments.

 Insurance Requirements
City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix B. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security.

Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal 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 Proposal 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 Proposal. 8 11. CONCLUSION
The City seeks to partner with vendors/firms who are committed to delivering high-quality, accessible services. The City is committed to full compliance with the Americans with Disabilities Act (ADA) and all applicable accessibility laws and standards. Accessibility is a core requirement of this solicitation and will be considered throughout the evaluation and contract performance process.

APPENDIX A
1 of 2

REQUEST FOR PROPOSAL

VENDOR APPLICATION FORM
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)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION Is your business: (check one)

 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
Year Business was Established: ________________
2 of 2
Names & Titles of Corporate Board Members
(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: __________________________
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APPENDIX B
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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 municipal 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 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 who sh all represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.

2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 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 mate rials 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 ($ ).

5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.

6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor 3o f 1 1
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit.

8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.

9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performe d by it hereunder. This policy shall provide agree/ surfnet/professional svcs mayor 4o f 1 1
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coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that:

A. The policy retroactive date coincide s 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 refuse s to furnish the CITY with required proof that insurance has been procured and is in force and pa id for, the CITY shall have the right, at the CITY’s election, to forthwith terminate this Agreement. Such termination shall not effect Consultant’s right to be paid for its time a nd materials expended prio r 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. agree/ surfnet/professional svcs mayor 5o f 1 1
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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; B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written noti ce; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium.

CONSULTANT shall maintain the foregoi ng 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 ha rmless and indemnific ation obligations as set forth in this Agreement. CITY or its repr esentative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.

11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY.

CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and agree/ surfnet/professional svcs mayor 6o f 1 1
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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 se rvices 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 writi ng, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.

13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.

14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement.

15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to th is 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.
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16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as th e 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 over night 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

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 langua ge 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 agree/ surfnet/professional svcs mayor 8o f 1 1
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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 stri ctly 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, illega l or invalid, such holding sha ll not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Ag reement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.

21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. agree/ surfnet/professional svcs mayor 9o f 1 1
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22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.

23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.

24. ATTORNEY’S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.

25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.

26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
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27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their re spective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

CONSULTANT’s initials

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 A greement. 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
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 Council. Th is Agreement shall expire when terminated as provided herein.
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CONSULTANT,

COMPANY NAME
By:
print name
ITS: (circle one) Chairman/President/Vice President
AND
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.

Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
________________________________
Mayor
_________________________________
City Clerk
INITIATED AND APPROVED:
____________________________________
REVIEWED AND APPROVED:
_________________________________
City Manager
APPROVED AS TO FORM:
_________________________________
City Attorney

EXHIBIT A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:

C. CITY'S DUTIES AND RESPONSIBILITIES:

D. WORK PROGRAM/PROJECT SCHEDULE:

Exhibit B
1 EXHIBIT “B”
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:

B. Travel Charges for time during travel are not reimbursable.

C. Billing

1. 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 even t 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 princi pal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.

Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement ha s expired or is terminated as provided herein.

Exhibit B
2 5. Any billings for extra work or additional se rvices 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
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)

1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules.

2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.

3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall:

A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.

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.

PROFESSIONAL SERVICES CONTRACT BETWEEN

THE CITY OF HUNTINGTON BEACH AND
FOR
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………………………………………………………………………11

APPENDIX C

CITY OF HUNTINGTON BEACH
Phone: 714-374-5373 E-mail: [email protected] Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements.

City of Huntington Beach Resolution 2008-63 requires that contractors, permittees, licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntingto n Beach for the issuance of any permit or city contract.

The insurance certificate must be approved by the City Attorney’s Office as to meeting all of the city’s insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach. All insurance must be from a California admitted carrier with a current A.M.

Best’s Rating of no less than A:VII

1. CONTRACTORS – Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding.

Requirements: General Liability, Workers’ Compensation, Auto Liability, Additional Insured Endorsements

2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City.

Requirements: Errors and Emissions (Professional Liability) $1,000,000 coverage

3. LICENSEES/LESSEES – any person or entities who make contract with the city for the use of public property.

Requirements: General Liability, Workers’ Compensation, Property Insurance (full replacement costs with no coinsurance penalty provision), Additional Insured Endorsement

4. PERMITEES – any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property.

Requirements: General Liability, Workers’ Compensation, Auto Liability, Additional Insured Endorsements

5. PROFESSIONAL SERVICES – means those services, which involve the exercise of professional discretion and independent judgment 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 Huntington Beach Municipal Code Section 3.02. Such Services shall include b ut not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants.

Requirements: Errors and Omissions (Professional Liability) $1,000,000 coverage Private Property Work Permit Requirements – If the planned work does not involve public property or its right-of-way (e.g. sidewalk/street), the Workers’ Compensation Certificate is the only insurance requirement. However, if the work site is adjacent to or attached to public property, the City Attorney’s Office must be informed for consideration of liability and decide whether or not to approve the certificate with a specific “Private Property Only” approval stamp.

 General Liability (G/L) – The general liability requirement is for $1,000,000 with “per occurrence” type claims coverage and a separate “Additional Insured Endorsement” page listing both the policy number and naming the “City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers” as additional insured on the endorsement. (see below for Additional Insured requirements)

 Additional Insured Endorsement Requirements – The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, pr emises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. The endorsement should include the policy number it correlates to.

 Primary Insurance – General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the submitted insurance and shall not contribute with it.

 Description of work – The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance.

 Automotive Insurance – Automobile insurance requirement is for $1,000,000 and a separate “Additional Insured Endorsement” page listing both the policy number and naming the “ City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers” as additional insured on the endorsement. Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement.

 Worker’s Compensation Insurance (W/C) – As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Certificate holder listed on the certificate is:

City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648.

If your organization/company has no compensated employees working on the project, you may complete and return a “Non-Employer Status” form to be used in lieu of a W/C insurance certificate.

 Cancellation Clause Notice – The cancellation clause must contain a thirty (30) day notice. A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice.

 Professional Liability – Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate.

 Deductibles– The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances for SIR) :

o General Liability - $5,000
o Auto Liability - $1,000
o Professional Liability/Errors & Omissions - $10,000

 Waiver Procedure – If unable to comply with a requirement, the “INSURED” may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete. (see following page for waiver form) The exception to the waiver is the G/L & Auto “Additional Insured Endorsement” page.

Waiver Procedure

To request a waiver, indicate here and provide a brief description ( 1 – 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (per job or as-needed basis).

For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report, etc.).

Waiver Requested: ____________________________________________________________

Encroachment Permit Private Property Work Permit Consultant Services Other: _______________________________________________________________________ Proposed Work: ________________________________________________________________ ______________________________________________________________________________ Dollar Value: __________________________________________________________________ Projected Timeframe: ____________________________________________________________

City Council/Public Financing AuthorityApril 21, 2026

City Council/Public Financing Authority
April 21, 2026