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HomeMy WebLinkAboutThe Lew Edwards Group - 2010-04-01 CONTRACTS SUBMITTAL ,, � e P .�� (33 CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: The Lew Edwards Group Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park UUT Strategic and Communications Services Amount of Contract: $29,500.00 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Name/Extension ' City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND The Lew Edwards Group FOR UUT Strategic and Communications Services Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................:...............................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans,Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.......................................................:.....................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE LEW EDWARDS GROUP FOR UUT STRATEGIC AND COMMUNICATIONS SERVICES 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 The Lew Edwards Group, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide strategic and communications services; and i 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 Catherine Lew, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 of 12 10-2474/45989 a 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 April 1, 2010 (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 215 days 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 the payment schedule 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 Twenty-nine Thousand Five Hundred Dollars ($29,500.00). 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 2of12 10-2474/45989 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." 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 3of12 10-2474/45989 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 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements).. B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 4of12 10-2474/45989 If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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 5of12 10-2474/45989 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 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 6of12 10-2474/45989 or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement.No officer or employee of CITY shall have any 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 Lloyd A. Edwards ATTN: Finance The Lew Edwards Group 2000 Main Street 5454 Broadway Huntington Beach, CA 92648 Oakland, CA 94618 7of12 10-2474/45989 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 8of12 10-2474/45989 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 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 9of12 10-2474/45989 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. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the 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. 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 10.of 12 10-2474/45989 Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement,promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE 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, THE EDWA S GROUP a municipal corporation of the State of California print name Finance (Pursuant To HBMC§3.03.100) ITS: (circle one)Chairm residen ice President APPROVED-AS TO FORM: AND ��i City Attorney Dim t11 P k L* print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. ecretary—Treasurer 11 of 12 10-2474/45989 EXHIBIT A A. STATEMENT OF WORK: Consultant shall, with consultation from City, provide Strategic and Communications Consulting Services to educate and inform City of Huntington Beach constituents about financial challenges, city service needs and facts related to a November 2010 Utility Users Tax Modernization Measure. B. CONSULTANT DUTIES &RESPONSIBILITIES: 1. Assist City in managing and facilitating the efforts of other professionals and City staff assigned to Project, for a well-coordinated strategy and Project effort. 2. Review the City's public opinion research and provide independent, additional perspectives on facts, messages, themes and strategic considerations related to the City's UUT education effort. 3. Recommend strategies to disseminate factual information about the City's fiscal needs, service challenges and UUT issues. 4. Conceive and provide text copy for collaterals such as Speakers' Bureau presentation materials, website copy, articles, FAQs, media releases, talking points or informational mailers. 5. Regularly confer with City and provide strategic advice. Legal advice is expressly not within Consultant's scope of services. The parties expressly agree that as this is a reduced-fee contract, in-person meetings will be limited and the .bulk of Consultant's services will be performed via teleconference and email. C. CITI"S DUTIES &RESPONSIBILITIES: 1. City shall have its in-house graphics,print and mailhouse vendors produce informational mailings as recommended by Consultant. Consultant shall provide text copy and suggest layout or spec parameters. 2. City's webmaster will update City's website with text copy provided by Consultant on pertinent UUT information. 3. City shall respond in an efficient, centralized manner in providing edits or comments to recommended strategies or text copy suggested by Consultant. 4. As noted above, Consultant will develop drafts of media releases and recommend an informational Speakers' Bureau, including developing presentation materials. City staff shall function as the actual local contact for any media inquiries, schedule presentations to community organizations, and will be the local messengers delivering presentations. City shall update and maintain its own Opinion Leader database. 5. The City, through its City Attorney shall be responsible for all legal issues and the development of the ordinance, resolution, impartial analysis, and ballot materials with the strategic input of Consultant. D. WORK PROGRAM/PROJECT SCHEDULE: (on following pages) SAMPLE NOVEMBER 2010 PLANNING TIMETABLE City of Huntington Beach As of 3125110 This is a w rking timeline that is subject to revision based on project needs and the agreement of the parties. MARCH 2O10 ❑ Retain Communications and Polling Consultants(City) ❑ Schedule Kick Off Planning Session ❑ Review all background,media clips,historical information APRIL 2010 ASSESS VIABILITY ❑ Conduct Kick Off Planning Session o Conduct SWOT(Strengths-Weaknesses-Opportunities-Threats)and "Info-Storming" on UUT/budget issues o Discuss/assess City Newsletter scheduling, and other communications vehicles o Update timeline as needed ❑ Design Poll and conduct interviews(FM3 Research) ❑ Analyze Survey Results for Viability ❑ Debrief City Staff o Present Strategic Memorandum with assessment of viability and recommended approach: risks/opportunities; type of funding mechanism desired by constituents;optimal election timing ❑ Update Council as appropriate on polling results and approach ❑ Reach consensus on next steps and Action Plan ❑ Authorize continued planning as feasible and appropriate MAY-JUNE IMPLEMENT INITIAL COMMUNICATIONS PREPARE FOR PLACEMENT 2010 ❑ Draft UUT facts,messages and website copy ❑ Update City website with pertinent budget and service information as recommended by LEG (City) ❑ Identify and begin scheduling external community presentations(City) ❑ Assess and update Opinion Leader Lists(City) ❑ Develop Speakers'Bureau Toolkit *PowerPoint Presentation *FAQs "Speakers'Manual *Sticky Qs/As ❑ Conduct Speakers'Bureau Training ❑ Launch informational Speakers'Bureau(City) ❑ Issue one-two Opinion Leader updates o LEG will draft o City will mail ❑ Engage Citizens Task Force or Finance Committee as appropriate ❑ Implement Earned Media/Internet Communications ❑ Continue team planning sessions ❑ Address Rapid Response Needs as necessary ❑ Assess community reactions, adjust/refine messages or approach as needed ❑ Issue citywide informational mailer#l* o LEG to provide text copy o City to produce ❑ Begin drafting City Council/voter handbook materials(City Attorney) *Number and timing of mailers Mfollowing analysis of poll results and discussions with City JULY 2010 FINALIZE AND PLACE MEASURE ON THE BALLOT ❑ Prepare for Council UUT placement meeting ❑ Finalize City Council/Voter Handbook UUT materials ❑ City Council adopts resolution and voter handbook materials placing UUT modernization measure on the 11/10 ballot ❑ Implement Earned Media AUGUST POST-ADOPTION NEEDS 2010 ❑ Impartial Analysis is developed/submitted (City) ❑ BaIlot Argument is developed ❑ Opinion Leader Update is issued announcing placement of the measure on the ballot o LEG will draft o City will mail ❑ Issue citywide informational mailer#2* o LEG to provide text copy o City to produce *Number and timing of mailers TBD following analysis of poll results and discussions with City ❑ Deploy on Earned Media strategy ❑ Implement Rapid Response as needed ❑ Update City website with measure information provided by LEG(City) ❑ Begin scheduling Fall round of Speakers'Bureau outreach presentations(City) As discussed,the City of Huntington Beach can legally continue its informational activities following measure placement,but cannot engage in advocacy or partisan activities. SEPTEMBER IMPLEMENT POST-PLACEMENT UUT COMMUNICATIONS -NOVEMBER ❑ Commence second round of Speakers'Bureau Outreach(City) 2010 ❑ Implement final Opinion Leader letter(LEG drafts,City mails) ❑ Implement additional citywide informational Mailers(three are advised) ❑ Implement Earned Media/Internet Communications ❑ Election Da 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: Work products will be provided by consultant to City on an ongoing basis pursuant to project timeline during scheduled planning sessions. 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 OATE(MMIDDfYYYY) ACDBD- CERTIFICATES IF LIABILITY INSU CL 0 0 PRODUCER THIS.CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DISTEFANO INSURANCE SERVICES ONLY AND CONFERS: NO RIGHTS' UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND.OR 1820 GALINDO ST #220 ALTER THE COVERAGE AFFORDED. Bl' THE POLICIES BELOW CONCORD CA 94520 925 363-0052 INSURERS.AFFOkDING COVERAGE NAIC# INSURED LBW EDWARDS GROUP INsuRERA: SCOTTSDALE INStP-WCE COMP 15580 INSURER It REPUBLIC I 22179 5454 BROADWAY il`1SURERc; LLOYDS OF. LON,DON 085202 ,OAKLAND., CA: 946'18 INSURER D: SAFECO 24740 \ 216 INSURER Ee COVERAGES THE POLICIES OF INSURANCE LISTED MOW 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 tS-SU¢i}ECT TO ALL THE TERMS,EXcLusiONS AND CONDTt10Ns`OF SUCH. POLICIES.AGGSREGATE:LIMI'I'&SH(YWN MAYtiAVEBEf-N REI)UGED BY PAIDCLA)MS, POLICY EFFECTIVE POL(CYEXPIRATION LIMBS LTR. ksRn TYPEOF INSURANCE- POLICY'NUMBER DATE( DATE MMIDONY.... GENERAL LIABIL ITY EACH OCCURRENCE S 2 000 00-0 X COMMERCIAL GENERAL LIABILITY PREMISES S 10 0 0 0 0 CLAIMSMATSE OCCUR MEOEXP{Aryohe,perS ) $ 51000 A X CPSa922280 04/20/08 04/20:/11 PEASONAL&ADVtNJURY s EXCkUDED GENERAL AGGREGATE $ 2 O00 00:Q GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $ EXCLUDED POLICY 25CO1 LOC AUTOMOBILELtAStt3TY COMBINED SINGLELIMIT X ANYAUTO' ( dCCt4ary() $ 40 0.,.0 0'0 ALL OWNEDAUTOS BODILY tNJURY SCHEDULED AUTOS iPer:petson} D HIRED AUTOS 25CC-.279371-1 9/s./o9 9/1/10 BOOILYINJURY NON-OWNEDAUTOS IFet3CCitlent} PRC}PERTY' (PeaaCd-e;4DAMAGE - GARAGELIABIL117Y AUTOONLY-EAACCIDENT $ ANYAUTO: OTHERTHAN EAACC S. AUTO ONLY, -AGG ,$, EXCESSIUM$RELLA LIABILITY n EACH OCCURRENCE $. OCCUR CLAIMSMADE AGGREGATE $ � A 1 eG H,City At eey DEDUCTIBLE ;7_5'0 RETENTION( tr $ WORKERSCOMPENSATIONAND X TORYLIMITS "ER EMPLOYERS'LIABILITY ANY PROPRIStOMPARTNEWOMCUTM 16 64 4 9-2 9/21/0 9 9/21/10 I-L.fAACt t AGCIDETtC __;1,,4 0 0 0 00.. B :OFMCEWEMsER t_xCUMEva EL DISEASE-EA E _] 0 0 0 :0 0 0 �yy2S,FIPEt €Wai1FlCl6F' SPECIAL PROVISIONSbelow E.L.DISEASE,-:POLICY LIMIT $ ) 0 0 0 .0 0 G C OTHER __ PROFESSIONAL 00083518E 9/30/09 9/30/10 1,000,D60 t)FscRI?TKNtoFQAERA,hoNsiLOGATtowtNftAtCIES/r-XCLUSIONSAMMW FtSEMENTJS'PECIALPROVt$IONS ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH, ITS OFFICERS, EMPLOYEERS AGEXTS, &: VOLUNTEERS NAMED AS ADDITIONAL; INSUREDS AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES` PERFORMSD BY OR ON BEHALF OF THE NAMED INSURER '10 DAY N=CE FORN N— AYMENT OF P IM CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP�RAOON BATE THEREOF,THE ISSUING INSURER WILLXX G #'O MAID 0 DAYS WRITTEN ATTN JAB LOCKHARTNOTICE.`TO:THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL SENIOR ADMIN, ANALYST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THEANSUREP IT$AGaENTS OR 2 0 0 0 MAIN STREET REPRESENTATIVES. HUNTINGTON BEACH, CA 9.2648 .AUTHORIZED REPRESENTATIVE } ACQRD25(200i/08) CACORD CORPORATION 19M CITY OF HUNTINGTON BEACH Professional Service Approval Form PART I Date: 4/14/2010 Project Manager Name: Jim Slobojan Requested by Name if different from Project Manager: Carrie Gonzales Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Proposal to conduct Utility users Tax survey research. 2) Estimated cost of the services being sought: $ 29,500.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes® No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted: 10040101.69365 6) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) —Other Interagency Agreement procedure will be utilized. ® MC 3.03.08— Contract Limits of$30,000 or less exempt procedure will be utilized. Department Head Signature Date APPROVEC� NIED ❑ Z�-lo City tr"nOff'ator's Signature Date A/—" Director of Finance's Initials C Deputy City Administrator's Initials 0 Date y Zz /G Date CITY OF HUNTINGT N BEACH Professional Service Approval Form PART II Date: 4/14/2010 Project Manager: Jim Slobojan Requested by Name if different from Project Manager: Carrie Gonzales Department: Finance PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: The Lew Edwards Group 2) Contract Number: FIN 010 023 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 29,500.00 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date