HomeMy WebLinkAboutPACIFIC CREST CONSULTANTS - 2005-01-13 Su ity Contracts Submittal to_
Li �; or ca City^-Clerk's Office;
CITY o r:ir`t! 0
I 1('AGT01: BEACiir.C,A! ,'Ti',r, ID! El RCN, CA
ZOOS JAM 3 I P ;2: 51005 X,il 20 :0: D-LI
To: City Clerk
1. Name of Contractor: Pacific Crest Consultants, sole proprietorship
2. Purpose of Contract: For Example:Audit Services or Water Qualify Testing Huntington Lake—Huntington Central Park
- - (o-3oas'-a,Co?)
Provide public relations f6r"4ti`of July events.
3. Amount of Contract: $57,000
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer_ ORIGINAL bonds sent to Treasurer
CITY CLERK'S OFFICE USE ONLY:
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City Attomey's Office at ',0
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Date: 19/05
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF//HUNTTINGTON BEACH AND
FOR /
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THIS AGREEMENT ("Agreement") is made and entered into this day of
200!S , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
/QGc/ 'fir C s-rx7t Ca�s �i /7 try 14S , a -rate o rrrTo� s�7 �c
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
and
r,P4
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 shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/f0rms/profserv10/15/01-A 1 .
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on .70 400 7, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than ��,,}t, a r� }o aoo_j from the Commencement Date of this
1 ti
Agreement. These times maybe extended with the written permission of CITY. 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.
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
-e y-,r, T 44 rcl I/ Dollars ($ S �, 00 O )
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&rms/profserv1 0/1 510 1-A 2
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."
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 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
agreelformslprofserv1 0/1 510 1-A 3
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 performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-
mentioned insurance shall not contain a self.-insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profserv10/15101-A 4
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. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agree/forms/profserv10115101-A S
a
all payment of all takes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agreelforms/profservl0115/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove)or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach c i'74 e- /Ares 4-1 r k /141�s
ATTN: .7,•-, 4. Fn fd f,s Zy r Y �c,
2000 Main Street ro.n-lf,,X
Huntington Beach, CA 92648 9,a y i /i' r�/ fo a! L 15 n -r
yacy�
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agree/forms/profserv10/15/01-A 7
1 S. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsery 1 0/1 510 1-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24, ATTORNEY'S PEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profservl0/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non-prevailing party.
25, SURVIVAL
Terms and conditions of this Agreement, which 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. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's Iength negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/15/01-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
VZez- a municipal corporation of the State of California
By: e n Director bf
!�rfa4lee,
(Pursuant To HBMC§3,0-Y100)
7
print name
ITS: (circle one)cliaimm4presidentlice President APPROVED AS TO FORM- r
AND
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By:
REVIEWED AND APPROVED:
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
City Admim' -stratof
(only for contracts$50,000.00 and over)
agreeffibrms/profserv10l1 5/0 1-A
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide CITY and EXECUTIVE BOARD with public relations
services for the 2005-2007 Fourth of July events in the City of Huntington Beach, which
shall include, without limitation, all of the following:
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
• Provide consultation on parade and associated activities.
• Write, print and disseminate press releases, including feature stories, general
announcements, press kits, public service announcements and volunteer newsletter.
• Coordinate duplication/printing of media or event pieces.
• Coordinate and oversee all aspects of media relations.
• Attend planning or other meetings as requested by CITY including monthly
EXECUTNE BOARD meetings held the first Wednesday of each month at City
Hall.
• Assist with sponsorship and promotional programs. Consult/advise on negotiations
and plans with existing/returning sponsors.
• Coordinate stories, photos and information for any special editions and the souvenir
program.
• Coordinate with local radio stations and newspapers for ticket giveaways, promotions
and remote possibilities, and assist with obtaining items for VIP gala and other
special events.
• Serve as media liaison during all events and work on-site during events as
needed/requested.
• Review and assist in the writing of any letters/correspondence for EXECUTIVE
BOARD and/or its committees.
• Provide input on production/printing of all collateral materials and image pieces
including invitations, posters and artwork.
Exhibit"A"
• Assist with VIP gala and VIP breakfast as an advisor.
• Advise/assist celebrity chair.
• Coordinate advertising buys and/or the production of ads with contracted/selected
newspapers.
• Provide monthly status reports.
C. CITY'S DUTIES AND RESPONSIBILITIES:
• Upon written approval by EXECUTIVE BOARD's public relations chairperson,
reimburse reasonable costs for FAX, clerical services, and documented long distance
and cellular phone charges relating to CONSULTANT's services provided pursuant
to this Agreement.
• Provide final written approval of all design, production, printing and other created
work.
• Provide tickets for giveaways for radio stations, sponsors and other promotional
purposes.
• Provide parking passes for working press.
• Pay reasonable cost of photography for multiples and other photos needed to
accompany press releases upon written approval of invoices by EXECUTIVE
BOARD's public relations chairperson.
• Provide reasonable letterhead, envelopes and stationary.
• Pay cost of postage, including express mail costs when necessary and as approved in
writing by EXECUTIVE BOARD's public relations chairperson.
• Assist with printing of all newsletters.
D. WORK PROGRAM/PROJECT SCHEDULE:
CONSULTANT shall provide all of its services under this Agreement in a timely manner
to ensure no delay or impact on CITY's Fourth of July events for each year of this Agreement.
Exhibit"A"
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; and
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.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
su..: INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUE&I C
JAN 0 4 2005
1. Requested by: Naida Osline, Community Services
2. Date: December 22, 2004 City of Huntfngton Beach
City Attorney's office
3. Name of contractorlpermittee: Pacific Crest Consultants
4. Description of work to be performed: 0' of July Public Relations services
5. Value and length of contract: $18.0001yr + reasonable expenses for three years
6. Waiver/modification request: Professional Liability Insurance
7. Reason for request and why it should be granted: No professional liability risk
8. Identify the risks to the City in approving this waiver/modification: None
/ 2-_� • 0 Y
apartment H d Signature Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted, Approval fro rn the City.Administrator's Office is only required if
Risk Management and. `e City Attorneys Office disagree:
1, &1k Management ' '
h4w
VI\Approved ❑ Denied
Signature Date
2. City Attorney's Office
Approved ❑ Denied
ignature U Date
3. City Administrator's Office
Approved ❑ Denied
Signature Date
If approved,the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed With the Risk'ManagernetA Division'of Administrative-Services
nnniimont1 190919n04 12-on PM
DEC-23-2004 03 : 12 AM connie. Youns 7149695756 P. 01
iloo 22 C)4 1 1: 21 p p 2
•�: City of Hundnom Beach
2000 We Street 92848
J1o' DtCLARAT)ON of NON,EMPLOYER STATUS
In order to compiy with CJV Coundl Rcsolutian No.6a77, you are required to pravide Proof of
WaALersl Compensation insurance. If you kovo no cmploycaa, this form mist be signed and returned
tot
Oty of Huntington beaelt
Risk Mmna8ment Dmsfon
2000 main Street
Huntington Nach,CA Pu4s
I certify that;n the perFomonee of the activity or work For which this parmit fe issued, shall not employ
any person in any manner so as to bacron a su6jact to "if rnia Worker*- C.vmpcnsation fnauranGe
roquiroments.
I antkorfzc the pity of f yuntfngton 5each to fmme4ately and rctroactively rc-oke the license or perwtt.
Issued under this declaration if I hire any emplayce(a) or become sub aet to the provisions of the lows
requiring Nlor6ra-Compcnsatfon Insurance.
Applicant/Company Names
Mdrass, f o, 21 X5
Ap licant's�f"tum &i�� v Date.r �
Title:
e"tran 49gnedi l/a V1
IAI 969-� g-SS/� �aw�
Telsphwne Number,
G lRiskMaN t%Cert4nslWC-vWr.Doe (Rev. IMMOD4)
PROFESSIONAL SERVICE CONTRACTS
,� ,�' F PURCHASING CERTIFICATION
1. Requested by: Naida Osline
2. Date: January 3, 2005
3. Name of consultant: Pacific Crest Consultants
4. Description of work to be performed: Public relations for 4th of July celebration
5. Amount of the contract: $19,000/yr - 1j-;,,,00 o .7 yra-S
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 20445803.69300
8. Is this contract generally described on the list of professional service contracts
approved by the City Council? ® Yes, ❑ No
9. Is'this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
Explanation: � '�L6
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
W
A ADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is"No,"the contract will require approval from the City Council.
Documents 1/3/2005 9:00 AM
fAoest6d Public Relations Firms: y � o \7 T /
ij r El l yl �G G o s P% rG'1 A—,c,/
Jill Ann Lloyd
Orange County Fair
88 Fair Drive
Costa Mesa, CA 92626
(714) 549-9802
Fax (714) 641-1360
140
Joan Gladstone
GladstoneInternational g
18101 Von Darman Avenue, Suite 1280 L �
�� c� �
Irvine, CA 92 715
'(949) 475-6979 '
Connie Young
Pacific Crest Consultants
P.O. Box.872 .
Sunset BeAch, CA 90742
(714) 969-8846
FAQ: (714) 969-5756
Trabattoni Consulting
Attw Debbie
1212 Las Arenas Way
Costa Mesa, CA 92627
(949) 646-2720
Mc Efee Murphlne&Peters
333 E 171k Street;#7C
Costa Mesa, CA 92627
(949)-650-4846