HomeMy WebLinkAboutMagellan Advisors, Inc. - 2016-08-18AMENDMENT NO. I TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND MAGELLAN ADVISORS, LLC
FOR
BROADBAND CONSULTING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY of
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and MAGELLAN ADVISORS, LLC, a Florida limited liability corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated August 18, 2016, entitled "Professional Services Contract Between the City of
Huntington Beach and Magellan Advisors, LLC, for Broadband Consulting Services,"
which agreement shall hereinafter be referred to as the "Original Agreement;" and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional compensation to be paid by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. ADDITIONAL COMPENSATION
In consideration of the services to be performed hereunder, as described in
the Original Agreement, CITY agrees to pay CONSULTANT, and CONSULTANT
agrees to accept from CITY as full payment for services rendered, an additional sum not
to exceed Seven Thousand Five Hundred Dollars ($7,500.00), in addition to the original
amount of Twenty-two Thousand Five Hundred Dollars ($22,500.00), for a new total not
to exceed figure of Thirty Thousand Hundred Dollars ($30,000.00),
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
17-5828/159359/RLS 5/31/17/DO
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on k%j ? . 1-I-
CONSULTANT
MAGELLAN ADVISORS, LLC,
a Florida limited liability corporation
John Honker, President
print name
ITS: (circle one) Chairman/President/Vice President
AND
By: -x
Courtney Violette, Secretary
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
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CITY OF HUNTINGTON BEACH, a
a municipal corporation of the State of
California
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INITIA APPROVED:
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REVI ANID APPROVED:
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CITY OF HUNTINGTON BEACH
Professional Service Approval Form
Amendment # 1
1. Date Requested: 5/26/2017
2. Contract Number to be Amended: 1
3. Department: City Manager
4. Requested By: Antonia Graham
5. Name of Consultant: Magellan Advisors, LLC.
6. Amount of Original/Prior Contract: $22,500
7. Additional Compensation Requested:-'$+&,E 9 7r S00
8. Original Commencement Date: 8/18/2016
9. Original Termination Date: 8/18/2017
10. Extended Date Requested: N/A
RECEIVED K
MAY 3 0 2017 b11111
Finance Department
11. Reason for Contract Amendment:
Magellan Advisors, LLC. h s been working with the City to provide technical expertise
I-) r 17
Purchasing prov Signature Date
12. Are sufficient funds available to fund this contract? Yes ® No ❑
1R RiisinPcc I Init anrd nhiPrt (WIP whPrP fiend- nrP hiidneterd-
Account number
Contractual Dollar Amount
Business unit. object #
Fiscal Year 16/17
iscal Year
Fiscal Year
Fiscal Year
101? 0101.69365
$10.,QA 7
$
$
$
$
$
$
Budget Approva ' ature
epart e t He 6ature
Cit a ager Approval Signature
Z�: / D
C" I
Dat
S-ZG-17
Date
Date
professional service approval form - amendment.doc
REV: 2016
PROFESSIONAL SERVIC
FISCAL YEAR 2016/17
CITY MANAGER
Professional services including governmental
membership, state and federal
consulting/lobbying services, economic analysis,
City Manager
legal services, grant releated consulting
(includes Office of
services, graphic services, and other consulting
Business
and professional services related to business
Development)
development, real estate services (including but
not limited to appraisals, right-of-way services,
acquisitions, title), public information, marketing
and other administrative professional services.
""WIN' ,3867
Date Vendor I Amount Contract Value Notes
8/19/2016 HUD-HOME-CDBG Grant Consulting $ 40,000 $ 120,000 Amendment #1
9/15/2016 Keyser Marston Amendment #2 $ 35,000.00 $ 380,000.00 Amendment 2
1/25/2017 Townsend Public Affairs
2/1/2017 Good Energy, LP
3/1/2017 Keyser Marsten
4/24/2017 Demographic Services
4/24/2017 RSG
5/26/2017 Demographic Services
5/25/2017 Paragon Partners
5/30/2017 Magellan Advisors, LLC
Balance
$
24,000.00 $
$
$
45,000.00 $
$
8,450.00 $
$
19,000.00 $
$
6,400.00 $
$
11,725.00 $
$
7,500.00 $
$ 197,075.00
$ 189,667.00
48,000.00
Federal Lobby Services
25,000.00
CANCELLED
180,000.00
8,450.00
120,000.00
Amendment #1
14,850.00
Amendment #1
162,870.00
Amendment #2
30.000.00
Amendment #1
FY 17/18 FY 18/19 FY 19/20
Amount Amount Amount'
$ 40,000 $ 40,000
$67,500.00 $67,500.00
$11, 000.00
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND MAGELLAN ADVISORS, LLC
FOR BROADBAND CONSULTING 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 Magellan Advisors, LLC, a consulting firm hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to assist City staff in
implementing a broadband strategic plan; 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;
CITY is hiring a consultant with specialized skills; 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 a person who shall represent it and be its
primary contact and agent in all consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
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performance of this Agreement. CITY staff does not have the ability to control the manner or
means of the performance of services of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on 4 &UST /o9 , 20/6 (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 twelve months (12 months) fi-om the Commencement Date. The time for performance
of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This
schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Twenty-two Thousand Five Hundred Dollars ($22,500.00).
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 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.
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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 ft.
S. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure
to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers,
agents or employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
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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.
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.
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10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment ofpremium.
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. CITY will not
control the manner or means of performance of services, will not be providing tools or
equipment, and the CONSULTANT will decide the appropriate work location. 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
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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.
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
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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 watrant, 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:
City of Huntington Beach
ATTN: Antonia Graham, Assistant to the
CityManager
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Magellan Advisors, LLC
John Honker
99918th Street, Suite 3000
Denver, CO 80202
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.
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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 ofthis Agreement. No covenant orprovision 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 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
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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 Iaws 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 Cite Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
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26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laves 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 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
This Agreement shall be effective on the date of its approval by the City Attorney.
This Agreement shall expire when terminated as provided herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT, CITY OF 14UNTINGTON BEACH,
a municipal corporation of the State of
Magellan Advisors, LLC California i . „
John Honker
wo
John Honker
print name
ITS: (circle one) Chairnian/PresidentfVice President
AND
By:
Courtney Violette
print name
ITS: (circle one) Secretary/ChiefFinancial Officer/Asst.
Secretary -Treasurer
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
The Consultant shall consult with the CITY and provide technical expertise in developing policy
and partnership opportunities for implementing the goals and objectives of the Broadband
Strategic Plan (developed by another Consultant), and prepare a Wireless Strategic Plan.
1. The CONSULTANT shall develop a Wireless Strategic Plan that takes into account the
CITY'S Boradband Strategic Plan and includes:
a. Identification of revenue opportunities and negotiating terms and conditions related to small
cell sites and other wireless leases on CITY facilities and assets (e.g. streetlights).
b. Development of policies and procedures that relate to wireless and broadband strategic
planning efforts.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
See paragraph "a" of Exhibit "A".
C. CITY'S DUTIES AND RESPONSIBILITIES:
The CITY shall work collaboratively with the Consultant to identify appropriate staff members
to work with Magellan Advisors, LLC to advance the goals of the City Council as they pertain to
the Broadband Strategic Plan and the City's goals of advancing wireless broadband revenue
capabilities. CITY staff will not control the manner or means of CONSULTANT'S services.
D. WORK PROGRAM/PROJECT SCHEDULE:
The Consultant will have 12 months from contract approval to complete the Statement of Work.
EXHIBIT A
Exhibit A
Magellan Advisors: Proposal for Broadband Consulting Services
Scope of Work: Independent Contractor to City of Huntington Beach
Build Institutional Capacity
• Review internal business processes and recommend changes for improved collaboration
on fiber planning, construction and use of the public right-of-way and public assets for
wired and wireless broadband networks.
• Review municipal telecommunications systems and contracted services, and recommend
changes for improved service and savings.
• Assess internal capabilities for telecommunications planning, implementation,
management, and operations and identify and help shape roles and responsibilities.
• Assist in developing and organizing internal teams for broadband planning and
management.
• Assist in the selection and implementation of select software systems.
Policy and Partnership Development
• Provide guidance in developing right-of-way management standards and practices.
• Recommend best practices in developing joint trench and dig once policies.
• Assist in incorporating broadband strategies in public works, local ordinance, rezoning,
and land use and circulation planning.
• Provide guidance in identifying opportunities for leasing of public assets for development
of fiber optic, wi-fi, and LTE wireless networks.
• Assist in negotiating lease agreements for use of public assets by telecommunications
companies.
• Review the capabilities of local and regional service providers and recommend
opportunities for partnerships, joint ventures, and contractual services.
• Assist in establishing business relationships with local and regional service providers and
in negotiating agreements for bundling and reselling of broadband services.
Guide staff in managing the goals and objectives of the broadband master plan
• Provide advisory services for broadband planning and coordination of internal staff and
community stakeholders.
• Assist in developing dark fiber and lit services contractual agreements, fee schedules and
operational procedures.
• Review public and private broadband assets and inventories and assist in developing
strategic and collaborative uses for implementing community broadband networks.
• Provide guidance in the strategic design, construction, implementation, and management
of broadband infrastructure.
• Recommend best practice strategies for constructing fiber infrastructure.
• Provide equipment specifications for fiber-optic and WDM technologies.
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule: Project costs shall not exceed twenty two thousand five hundred dollars
($22,500) at a hourly rate of one hundred seventy five dollars ($175) and schedule for delivery
of product is twelve (12) months.
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to
an appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation
prepared by CONSULTANT may be required to be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for
satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a 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
1 ,-
Exhibit B
into compliance, or until this Agreement has expired or is terminated as provided
herein.
5. 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.
2
Exhibit B
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
PANT I RECirNUE -
Date: 6/28/2016 Project Manager Name: Antonia Graham JUL 0 1 2016
Requested by Name if different from Project Manager:
Department: City Manager Finance department
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED
BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL,
BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART 1 MUST BE FILED
WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Broadband/Wireless technology consultant to assist the City in shepherding the Wireless/Broadband
Strategic inititiatives that the City will be undertaking.
2) Estimated cost of the services being sought: $ 22,500
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) 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.
5) Is this contract generally described on the list of professional service contracts approved by the City
Council? If the ans this question is "No," the contract will require approval from the City Council.)
® Yes J ❑ No
Fiscal
igr1Ature (Purchasing Approval)
6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted
(Please note that a budget check will occur at the object code level):
Date
Account number
Contractual Dollar Amount
Business unit. object #
Fiscal Year
15/16
Fiscal Year
Fiscal Year
10040101.69365
$22,500
$
$
$
$
$
Budget Approval
De ai ment He d Signature(s)
'Dire for of ance's Signature
ager's Signature
Manager's Signature
Date
Date
�11 to
Date
?- 2-16
Date
7 -8-4
Date
magellan'parti'professional service approval form - part i.doc
REV: February 2015
CITY OF HUNTINGTON BEACH
Professional Service Approval Form
4
PART II RECEIVED
Date: 6/30/2016 Project Manager: Antonia Graham JUL 0 Y 2016
Requested by Name if different from Project Manager: Finance Department
City Manager
PARTS I & II 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: Magellan Advisors
2) Contract Number: ADM
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $22,500
Account number
Contractual Dollar Amount
Business unit. object #
Fiscal Year
15/16
Fiscal Year
Fiscal Year
100401001.69365
$22,500
$
$
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.
Fiscal Se, uv g 4llanagec-(Pucc`Fiasing)
6" ( M4:::� ---
Budget snag r Approval Signature
per, rqo t, Gt , -
Directo of Financ (or designee) Signature
-6-;o-16
Date
-�-c((P
Date
parffmagellan.docx
REV: February 2015
Jory Wolf Joins Magellan Advisors as Vice President of Digital Innovation Page 1 of 4
RESOURCES
iok (n 1 RESOURCES (/RESOURCES/)
JORY WOLF JOINS MAGELLAN ADVISORS AS VICE PRESIDENT OF DIGITAL
INNOVATION
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June 20, 2016 9:19 pm
Denver, CO, June 20, 2016 — Magellan Advisors, the nation's leading Broadband, Telecom, Smart City
and IT Consulting Firm, today announced that Jory Wolf will join Magellan effective July 5, 2016 as Vice
President of Digital Innovation.
http://www.magellan-advisors. com/resources/j ory-wolf-j oins-magellan-advisors-as-vice-pr... 6/3 0/2016
Jory Wolf Joins Magellan Advisors as Vice President of Digital Innovation Page 2 of 4
Jory Wolf joins Magellan following a 35-year career with the City of Santa Monica, California. Jory spent
22 years as the Chief Information Officer for Santa Monica, where he led the development of Santa
Monica City Wi-Fi sm, an extensive network providing free wireless Internet services to the public, and
Santa Monica CityNetsm, an acclaimed 100 gigabit broadband initiative supporting an environment for
local businesses to compete in the global economy with cutting edge broadband solutions, and for
affordable broadband for digital inclusion and fiber to the home. Jory was the thought leader behind
Santa Monica's Smart City initiatives, Open Data Portal, and led the development of Silicon Beach, a
Santa Monica/LA metro Westside economic development area where a large community of startups,
incubators, and tech companies thrive.
As Vice President of Digital Innovation, Jory will assume responsibility for leading strategic broadband
and smart city projects with Magellan's clients. Jory commented, "I am excited to join the Magellan
team. We have a shared vision and approach in assisting clients in transforming communities through
broadband, software defined networks, and smart city initiatives for economic development, public
health, safety, education, and wellbeing."
As a past board member of the Government Technology Conference and Government and Business
Technology Group, Jory is also a Public Technology Institute Fellow, a member of US -Ignite, a
founding member of Next Century Cities, and an advocate for change in local, state and national
broadband policy. Jory and his teams have received over 55 awards for information technology projects
during his career and in 2012 he received the CIO Lifetime Achievement Award from the Los Angeles
Business Journal. Lie -holds a Bachelor's of Science in Psychology and Biology from California State
University Northridge, and a certificate in Management Information Systems from the University of
California, Los Angeles
John Honker, Magellan's President & CEO states "Jory understands who we are as a company and is a
perfect fit to enhance Magellan's role as the leading broadband, smart city, and IoT consulting firm." We
are honored to bring Mr. Wolf aboard, and know our current and future clients will benefit from his
expertise. We are excited about the possibilities that lie ahead for our company and its people, and look
forward to working with Jory and Magellan's Senior Consulting team as we stay committed to
expanding gigabit broadband, smart city applications, and enhanced fiber-optic networks to our clients
across the U.S and Internationally.
About Magellan Advisors
Magellan provides leading broadband, smart city, information technology, and security consulting
services to public and private organizations. We are a full spectrum planning and implementation firm
that brings together technology, communications, and utility consulting to create smart gigabit cities of
tomorrow. We are only successful when our clients are successful. Our goal is to find practical
broadband and technology solutions that our clients are capable of implementing in their communities.
Through our services, over $1 billion of new broadband investments have been made connecting more
than 1,000 schools, hospitals, libraries, and governments and passing nearly 1 million homes with
fiber.
F"N"N3
http://www.mageIlan-advisors.com/resources/j ory-wolf-j oins-magellan-advisors-as-vice-pr... 6/30/2016