HomeMy WebLinkAboutSpectrum Sports Management - 2008-04-01 CONTRACTS SUBMITTAL TOC',E V E D
CITY CLERK'S OFFICFRo
APR 28 P11 3: 01
I i U T I i-,'GTO�N DE A CH
To: JOAN FLYNN, City Clerk
Name of Contractor: Spectrum Sports Management
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Management and Operation of 4 th of July Surf City Run
Amount of Contract: $30,000.00
Copy,of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F1 to Risk Management F-1
Finance Dept. F-1 ORIGINAL bonds sent to Treasurer El
Date:
NOe/ExteKsion
City Attorney's Office
X, 9/-36/0
MM,
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LL
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
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
✓J/ f f i'l.rM S/DUrTS an A / eMen
FOR �• �+ ` /�
07 d
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 S.� e C Is , a / :,-,,"fir g/ A�i, hereinafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
lel 4n T C1 P.ti ,44g, a r ti-, 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 1-3o -, T who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ,9,, ,`/ , 20 D 8' (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 .r e L.c n en o n A r from the Commencement Date. The time for performance
Se,- GYM jy-�- 30, ztauSf
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 AA,' Ay A4 C, ,s 4 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
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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."
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
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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.
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
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
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 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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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
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.
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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 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 S-,,, O fr .-n „o c ✓iG 4 er+1 Y,
ATTN: ltnr _rr'Ve,<rs /I /c e
2000 Main Street o s r /1/' /+'l
Huntington Beach, CA 92648 C o C/1 9/7
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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.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference 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
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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 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.
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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 attomey'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.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereiabelow has the
power, authority and right to bind their respective parties to each of the tenors 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.
CONSUI.TANT's initials L tiv _
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arch'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
agreaswfi eVprofcssknal Svcs W$49
12-07 10
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
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 BEACH,
a municipal corporation of the State of
�/—Qle S„�,�s �4.,a California
COMPANY NAME
7,1
o m as9�14CJ— Director/& ief
By: (I rsuant To HBMC§3.03.100)
print name
ITS: (circle one)Chairma residen ice President
APPROVED AS TO FORM:
AND
City Attorne
By;
Date `l - 2�
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
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�7,�Ma Spectrum Sports
.. ., State ®f California >=il001 � � ��
o�
-'° • Bill Jones
FILED
p ,► Secretary of State >e911aoUofftseaahq fs
�Flo sai��a�r� ,
LIMITED LIABILITY COMPANY j
ARTICLES OF ORGANIZATION APR -10 2001
i
A$70.00 filing fee must accompany this form.
IMPORTANT-Read Instructions before completing this form.
TA ac"For 1 ing (3'nlyy
1. Name of the limited liability company (end the name with the words"Limited Liability Company," Ltd.Liabiilitj Co.;or the abbreviations"LLC'or j
a
2. The purpose of the limited liability company is toengage In any lawful act oract"ivity for which a limited liability company may be
organized under the Beverly-Kitlea limited liability company act. i
3. Name the agent for service
of process and check the appropriate provision below:
( f 1 /° _i a e.4 I 'D: (Z 0 which is
(� an individual residing in Californla. Proceed to item 4.
[ j a corporation which has filed a certificate pursuant to section 1505_ Proceed to item S. ^_
4. If an individual,California address of the agent for service ofprocess:
Address: 3 q7 & C r"A el e— C.o v r-�
Cigc CJ Ct e. VNIA l9 V1-F State: CA zip Code: q 1 7
5. The limited liability company will be managed by: (check one)
[ J one manager [ j more than one manager [single member limited liability company [ J all limited liability company members
6. Other matters to be included in this certificate may be set forth on separate attached pages and are made a part of this certificate.
Other matters may include the latest date on which the limited liability company is to dissolve.
7. Number of pages attached.if any:
a_ Type of business of the limited liability company.(For IIj'forr atlonal purposes o Iy)
g. DECLARATION: it is hereby declared that i am the person who executed this instrument,which execution is my act and deed.
Q F� .• i�t i
Signature of Organizer Type or Print Name of Organizer {
Date
10. RMRN TO:
NAiY i s Crt't Gt G �• Q O✓_Ir2 t
FIRM rt�3V1 S�O1^is �6IL4f�L ✓��.Yt�
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CITYISTATE + � 4 t`v+�1 "rf Lf
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SECISTATE (REV. 12/99) FORM LLC-1-FILING FEE$70.0U
ApproWed by Secretary of State
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide CITY and EXECUTIVE BOARD with professional
services to manage and operate a running/walking event on July 4, 2008. Scope of work
shall include, without limitation, all of the following:
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Attend planning meetings of the 4"' of July Executive Board. Provide regular updates on
the run, expo and sponsorship efforts. Work with Board and city staff members of
various departments regarding logistical planning.
2. Develop sponsor proposal materials for the run.
3. Coordinate sponsor benefit package with overall 4tn of July Celebration sponsorship.
Solicit sponsors. Provide sponsor fulfillment.
4. Consult on budget development.
5. Recruit and service expo booth vendors on race day.
6. Design and produce marketing materials. Design, print and distribute entry form,posters
and advertising.
7. Develop and produce awards. Secure materials for and prepare "goodie bags" for
participants.
8. Work with the Board to design and produce t-shirts for run participants. Design to be
approved by the Board and purchase of t-shirts must follow City purchasing guidelines.
9. Provide for distribution of run flyer at Los Angeles County, Orange County, and North
San Diego County running and walking events sixteen(16)weeks prior to event.
10. Oversee all logistical needs of the event and set up/take down, including all equipment,
signage and banners.
11. Supervise all aspects of course operations, including but not limited to marking the
course, supervising traffic control, course guides, medical aid plan.
Exhibit"A"
12. Work with Board to order and place necessary rental equipment including but not limited
to staging, portable restrooms and trash bins.
13. Provide Board and city staff with proposed run course, expo layout and timeline
14. Recruit volunteer organizations to provide staff support to the event. Provide for
volunteer scheduling, and supervision.
15. Prepare event script.
16. Coordinate registration.
17. Provide participant database to city within 45 days after each event.
18. Coordinate finish line results. Provide post race statistics and communication with
participants.
19. Secure and provide committee with course certification and provide a copy to the Board.
20. Secure all necessary Orange County Health Department permits for the service or
sampling of food and provide a copy to the Board.
21. Provide proof as insurance as required by the City of Huntington Beach.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Provides vendor with a working expense budget. Covers the costs of all items outlined in
the budget.
2. Processes all invoices for payment submitted by vendor as approved in the 4th of July's
current year budget.
3. Provides tables and chairs for expo through the City's community centers.
4. Provides location to set up expo.
5. Provides secure run course.
6. Proofs all ad placements, copy, and design.
7. Implements related public relations and publicity support.
8. Provides a Board liaison to assist in the recruitment of volunteers.
9. Assists in the coordination of rental equipment.
Exhibit"A"
10. Provides limited hotel housing on July 3 for event and event crew as approved by the
Board.
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 the 2008 event.
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.
Total fees shall not exceed Thirty Thousand Dollars ($30,000.00). CONSUTANT agrees to inform
the CITY when CONSULTANT is at the point of reaching the maximum contract limit.
CONSULTANT shall not continue with any work effort over the amount of the maximum contract
limit unless first authorized in writing by CITY authorized representative(s).
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.
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.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
ATM CERTIFICATE OF LIABILITY( INSURANCE 01/18/2008'
PRODUCER (909)931-1500 FAX (909)932-2134 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Kessler Al ai r Ins. Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License # OA 91387 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2335 W Foothill Blvd. , Ste. 1
Upland, CA 91786 INSURERS AFFORDING COVERAGE NAIC#
INSURED Spectrum Sports Management, LLC INSURERA: Burlington Insurance Company
c/o Mike Bone INSURERB: Mount Vernon Fire Insurance Company
2058 N. Mills Avenue #454 INSURERC:
Claremont, CA 91711 INSURERD:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS `
GENERAL LIABILITY 181B005693 12/30/2007 12/30/2008 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000
CLAIMS MADE I OCCUR o' p �+�p /+pT�s MED EXP(Any one person) $ 5,000
A ISSUED IN EU OJF�CERTt VATS _ -PERSONAL&ADV INJURY . $- :...1. 000"00 ..
DATED V GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: "' -"" "'"-PRODUCTS"-•COMP/OP'A66 -$ -
--
"Intl"udeil --
POLICY PRO-
JECT El LOC -
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS �p,q BODILY INJURY
SCHEDULED AUTOS AP VED T F � (Per person) $
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS J IF /7MC WITH,Cl ttQ e (Per accident)
/ �i� D� PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
TORYTH-
WORKERS COMPENSATION AND WC LIMIT FR
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$
7OTHssionale Liability / SP2007901 12/30/2007 12/30/2008 $1,000,000 Per Claim
B $1,000,000 Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
he City of Huntington Beach, its officers, elected or appointed officials, employees agents and
volunteers are named as Additional Insured per endorsement to be issued by the insurance carrier.
10 days notice of cancellation applies in the event of non-payment of premium
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn• Nai da Osl i ne BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
2000.Main Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE eakI
ow
Andrew Coo er/ANDY
ACORD 25(2001/08) OACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the-issuing insurer(s),authorized representative or producer, and the certificate holder nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08)
CITY OF HUNTINGTON BEACH R E C E I V E
Professional Service Contracts APR 2 i 2008
EBIJ,1909.P� Purchasing Certification
city 04 Huniin ton Beach
1. Date: 3/27/2008 2. Contract Number: CMS (,�0 ��f�J°
3. Department: Community Services 4. Requested by: Naida Osline
5. Name of consultant: Spectrum Sports Management
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
7. Amount of the contract: $30,000
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 20445803.69365
11. Is this contract less than $50,000? ® Yes ❑ No
12. Does this contract fall within $50,000 and $100,000? ❑ Yes ❑ No
13. Is this contract over$100,000? ❑ Yes ❑ No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
16. Attach proposed scope of work.
17. Attach proposed payment schedule.
epa ment Head Signa r RIC RD AMADRIL
Central Services Manager
1. If the answer to this question is"No,"the contract will require approval from the City Council.
Jan 22 08 11 : 57a Spectrum Sports 1 -909-399-9779 p• 2
POLICYHOLDER COPY SC
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05-01-2007 GROUP: 000562
POLICY NUMBER: 0000470-2006
CERTIFICATE ID: 2
CERTIFICATE EXPIRES: 05-01-2008
05-01-2007105-01-2008
CITY OF HUNTINGTON BEACH SC
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
tTHORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS_ $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1901 - MICHAEL BONE - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2006 IS
-�- ATTACHED TO AND FORMS A PART OF THIS POLICY.
APPR.OV S TO FORM
1ENNIF R McGRATH,City Attorney
EMPLOYER
SPECTRUM SPORTS MANAGEMENT LLC SC
2058 N MILLS 454
CLAREMONT CA 91711
M0409
(REv.2-05) PRINTED : 04-17-2007
.
AC® ®nCERTIFICATE OF LIABILITY INSURANCE °01i12os/
ZODUCER Serial# 101887 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ANDERSON&MURISON,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
800 W.COLORADO BLVD. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LOS ANGELES,CA.90041
INSURANCE LINCENSE#0323106 INSURERS AFFORDING COVERAGE NAIC#
3URED INSURER A: BURLINGTON INSURANCE COMPANY
SPECTRUM SPORTS MANAGEMENT,LLC INSURER B:
C/O MIKE BONE INSURER C:
2058 N. MILLS AVE.,#454
CLAREMONT,CA 91711 INSURER 0:
INSURER E:
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POUCYNUMBEIt PDA POATE LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
k Y X COMMERCIAL GENERAL LIABILITY 181 BOO5693 12/30/07 12/30/08 JO(?a«&°n<e s 100,000
CLAIMS MADE ® OCCUR MED EXP A one ersen) S 5 000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE S Z 00O 0W
GENt AGGREGATE LIAR APPLIES PER PRODUCTS-COMPIOP AGO $ INCLUDED
X POLICY LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO Me ecadert) S
ALL OWNED AUTOS BODILY WJlM S
SCHEDULED AUTOS " ;0 q AS FORM (Per person)
HIRED AUTOS Vi�1V1
BODILYNJURY S
NON-OWNED AUTOS J� I J C� ��1�1 A tt rn0 (Perewdentl
t PROPERTYp AMAGE S
(Per ecddert)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY AGO S
EXCESSIUM BREL A LIABILITY EACH OCCURRENCE $
OCCUR FI CLAIMS MADE AGGREGATE S
b
DEDUCTIBLE b
RETENTION S yyC 7�} b
WORKER'S COMPENSATION AND 70RY&Aa ER
EMPLOYERS'LIABILITY
ANY PROPRETORfPARTNER/EXECURVE EL EACH ACCIDENT b
OFFICERAEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S
If yes,dmnbe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT b
OTHER
cSCRIPTION OF OPERATIONSILOCATIONSMEHICLEMCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
:ERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR.
SORTS MARKETING&EVENT PRODUCTION.
ERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAL 30 DAYS WRITTEN
THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TODOSOSHALL
ELECTED OR APPOINTED OFFICIALS,EMPLOYEES,
AGENTS AND VOLUNTEERS IMPOSE NO OBLIGATION OR UABLfTY OF ANY KIND UPON THE INSURER,fiS AGENTS OR
ATTN: NAIDA OSLINE REPRESENTATIVES.
2000 MAIN STREET AUTHORIZEDREPRESENTATIVE OF ANDERSON&MURISON,INC.
HUNTINGTON BEACH,CA 92648
OORD 25(2001108) 0 ACORD CORPORATION 1888
%FMPRO%CERTPROS.FPS
13:42 JAN 21, 2008 TO: KESSLER—ALAIR INS FR: SCHEDL 0468177 PAGE: 2/3
THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(TENDER OF ANY LOSS TO OTHER AVAILABLE INSURANCE, AND EXCLUSION OF EMPLOYEE INJURY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective
Attached to and forming a part of Policy Standard Time Endorsement Number
Number mm I dd I yy 1 12:011 A.M.
181B005693 01/02/2008 3
(The above information is required only when this endorsement is issued subsequent to preparation of the policy.)
Authorized Representative Date
SCHEDULE
Name of Person or Organization:
THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AGENTS AND VOLUNTEERS ATTN: NAIDA OSLINE
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
This endorsement is provided in consideration of an additional premium.
Premium: 100 Exposure: Only the person or organization named Classificat!on Code: 49950
Who Is An Insured (Section 11) is amended to This insurance does not apply to any "bodily
include as an insured the person or organization injury" to:
shown in the SCHEDULE, but only with respect a. An "employee" of any insured, or a
to liability arising out of your ongoing operations person hired to do work for or on behalf
performed for that insured, including acts or
of any insured or a tenant of any insured,
omissions of the Additional Insured in connection that arises out of and in the course of:
with the general supervision of such operations.
Except as provided above, this insurance does (1) Employment by any insured; or
not apply to any "bodily injury," "property
damage" or "personal and advertising injury" (2) Performing duties related to the
conduct of any insured's business; or
arising out of or resulting from the neglect or
negligence of the Additional Insured described in b. The spouse, child, parent, brother or
this endorsement. sister of that "employee" as a con-
The company will have no duty to defend any "suit" sequence of Paragraph a. above.
which alleges neglect or negligence of the This exclusion applies:
Additional Insured.
If other valid and collectible insurance is available a. Whether an insured may be liable as an
to the person or organization shown in the employer or in any other capacity; and
SCHEDULE for a loss we cover under Coverage A b. To any obligation to share damages with
or B of the Coverage Form to which this or repay someone else who must pay
endorsement attaches, then the person or damages because of the injury.
organization shown must also tender any loss to
each such other insurance. Should such other These provisions and exclusions apply in addition
insurance apply, then this insurance is excess to those contained in the Coverage Form. All of
over any other such insurance. the provisions and exclusions of the policy that
apply to LIABILITY COVERAGES also apply to
this endorsement.
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