Loading...
HomeMy WebLinkAboutDynamic Strategy Group - 2019-12-05 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DYNAMIC STRATEGY GROUP FOR AVIATION ISSUES CONSULTING 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 Dynamic Strategy Gourp, a consulting firm hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to enga&e the services of a consultant to assist the City with public outreach messaging in relation to aviation issues and jet noise from the Long Beach Airport 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 a person who shall represent it and be its sole contact and agent in aII consultations with CITY during the performance of this Agreement. 194178n17535 agree/surfnet/proressionat Svcs to S49 10/12 1 of 11 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 e 6 , 20 o-1 (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 (12) months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and 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 Eight Thousand Dollars($8,000). 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. 19-8178/217535 agree surfnet/professionai svcs to$49 t o/12 2 of I I 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 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 19-9179/217535 agm/surfnet/professional svcs to$49 10/12 3 of 11 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. 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 194178/217535 aMe/surfnettoroPossional svcs to S49 10/12 4 of 11 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. 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, 194178/217535 aMc1surfne1Vprofessiona1 svcs to S49 10/12 5 of 11 social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall,at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned,delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 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 194178/217535 agree/surfnet/professional was to$49 10/12 b of 11 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Dynamic Strategy Group ATTN: Antonia Graham, Assistant to the Erik Brown, Managing Partner City Manager 18 Rancho Circle 2000 Main Street Lake Forest, CA 92630 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 194179/21753$ agradsurfnetlprofessionW svcs to S49 10112 7 of 11 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 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 19.8178217535 agme/surf Wpro&ssional svcs to S49 10/12 8ofII the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S 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. 194178/217535 agmdsurfoet/professional svcs io S49 10/12 9 of 11 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 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. 194179/217535 agmisurfneypmfessiona1 svcs to$49 10112 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Dynamic Strategy Group Erik E. Br wn, Managing Partner By: Director/Chief (Pursuant To HQMC§3.03.100) print mune ITS: (circle one)Chairman/President/Vice President AND APPROVED AS T . By: City Attorney print name Date Z ITS: (circle one)Secretary/Chief Financial officer/Asst. Secretary—Treasurer Receive and File 7ldi Clerk 19-8178/217535 ngrer/surfnOVproressional svcs to$49 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City is in need of a qualified consultant to assist the City with development and implementation of a public education and outreach strategy related to combating noise and pollution concerns associated with aviation. The City of Huntington Beach residents are experiencing threats to quality of life as a result of changes in flight paths and aviation procedures connected to the FAA's Next Gen Aviation realignment. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT will act as an active partner as well as where needed an extension of the City's interests. Working closely with the CITY and assigned staff,CONSULTANT will: -Work with the City,the Jet Noise Commission, and residents to shape the advocacy agenda -Assist in the development of community outreach stratgies that engage stakeholders -Assist with effective and accurate summarization and conclusions associated with various forums, workshops,and meetings. -Develop community education programs according to City approved directives. -Organize and help execute community meetings, stakeholder interviews,and other meetings as desired by the CITY. -Provide counsel to CITY staff and insights to City Council - Create and design collateral materials and digital content as approved by City staff. - Provide management of quantitative and qualitative research. -Prepare materials for internal and external use;providing reports to committees,task forces and boards,as required. EXHIBIT A -Identifying vehicles for delivering issue information to key constituents as defined by the CITY. - Provide capabilities toward building a grassroots activation program,capitalizing on opportunities to engage members in the City's efforts. -Foster and maintain alliances with like-minded associations and other affiliate organizations. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to identify appropriate staff members to work with CONSULTANT to advance the goals of the City Council. CITY will not control the manner or means of CONSULTANTS services. D. WORK PROGRAM/PROJECT SCHEDULE: The Consultant will have twelve(12)months from contract approval to complete the Statement of Work. 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. CONSULTANT shall be paid a flat rate not to exceed$8,000. 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. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DYNAMIC STRATEGY GROUP FOR AVIATION ISSUES CONSULTING Table of Contents lScope 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 I1 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.................... 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.............................................................................................................I........10 29 Effective Date.................................................................................I I DYNA M I 0 STRATEGY GROUP MEMO TO: City of Huntington Beach FROM: Erik Brown, Managing Director RE: Aviation Issues Public Information Project DATE: 10/10/19 Communications Foundation- $8,000 Research—Within 30 days of initiation, DSG will met with council members,city staff, and aviation issues specialists to distill specific detail on the status of the city's effort to improve conditions for residents.This is likely to consist of several meetings over the course of the first month. Strategy—Assess ad coalesce messaging around the status of HB aviation issues. Meet with key representatives designated by the city and discuss messaging and key terminology for public consumption. Discuss plan of action for creative services on educational material to inform city residents. Content—Write, design, and produce a digital layout for a fold out style informational pamphlet on the aviation issues.This layout will be utilized by the city in formats appropriate for either print or online. Prepare and include a FAQ on aviation issues. Conclusion—Meet with city officials to discuss next steps. V '' INSURANCE AND INDEMNIFICATION WAIVER H , n,y MODIFICATION REQUEST 1. Requested by: Sandie Frakes 2. Date: 12/16/19 3. Name of contractor/permittee: Dynamic Strategy Group 4. Description of work to be performed: Public outreach messaging in relation to aviation issues and 'et noise from the Long Beach Airport 5. Value and length of contract: $8,000 for 3 years 6. Waiver/modification request: Professional Liability of at least $1m with $10k or less deduc 7. Reason for request and why it should be granted: The contract amount is less than the deductable 8. Identify t e risks lo thP�Cityy 'In approyin this waiver/rr}odification: ir�cr. KS C'u lo�iG, ovr` CA fx*c.c f� 4 �is,�af e� G.av l 1v Depa ment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Adminis tor's Office is only required if Risk Management and the City Attorney's ffice disagree. 1. Ri�s Management L✓J A roved ❑ Denied �' Z �' PP � �� � � Sig at Date 2. City Attorney's Office pproved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denied _ 1i' Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources I I Insurance Waiver Form (1) 12/16/2019 4:18:00 PM ' 1 ® DATE(MMIDDIYYYY) ,4 CERTIFICATE OF LIABILITY INSURANCE ii 04/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. 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). PRODUCER CONTACT GERRY BROWN OR BRUCEAMSTUTZ NAME: NEAGENCIES C/O GERALD E BROWN INS AGE PH N E. 949-583-0360 FAX No 949-916-0330 23101 MOULTON PiNVY, STE 207B E-MAIL BRUCEAMSTUTZ@ALLSTATE.COM LAGUNA HILLS,CA 92653 INSURERS AFFORDING COVERAGE NAIC• INSURER A: OHIO SECURITY INS CO 24082 INSURED INSURER B: THE HARTFORD ACCIDENT& INDEMNITY INS CC 30104 DYNAMIC STRATEGY GROUP INSURER C: ALLSTATE INS CO 19232 18 RANCHO CIR INSURER D: LAKE FOREST,CA 92630 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INLICY EXP TRR TYPE OF INSURANCE ADDL SUBR POLPOLICY NUMBER (MM CY DIDIYYYY) (EFF MMDOIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 XDAMAGE TO RENTED 1000000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE FX7 OCCUR MED EXP(Any one person) $ 15000 A BZS57514153 08/22/2018 08/22/2019 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ Fx-1 POLICY F7 PRO- n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1000000 Ea accident ANY AUTO BODILY INJURY(Per person) $ C X ALL OWNED SCHEDULED 648770955 10/11/2018 10/11/2019 BODILY INJURY(Per accident) $ /� AUTOS AUTOS X Ix NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION ! X WC YIN STATU- OTH- AND EMPLOYERS'LIABILITY T Y TER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1000000 B OFRCER/MEMBEREXCLUDED) ❑ NIA OIWECZR4987 08/19/2018 08/19/2019 --- (Mandatory in NH) E.L.DISEASE•EA EMPLOYE $ 1000000 It yes,describe under tv' 1000000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY A�RO'go I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach IACORD 101,Additional Remarks Schedule,if more space Is required) $y MIGNP OFIN MARKETING, ADVERTISING AND CONSULTING AGENCY COMMERCIAL AUTO POLICY INCLUDES: BUSINESS AUTO ENHANCEMENT ENDORSEMENT AA CIF N1 WHICH INCLUDES A BLANKET ADDITIONAL INSURED ENDORSEMENT CLAUSE AND WAIVER OF SUBROGATION (SEE SECTION II , PARAGRAPH F & SECTION IV) BUSINESS LIABILITY POLICY INCLUDES: CITY OF HUNTINGTON BEACH IS ADDITIOINAL INSURED IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT, SUBJECT TO BUSINESSOWNERS' LIABILITY EXTENSION BLANKET ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE GERALD E BROWN ACORD 25(2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RECEIVED CITY OF HUNTINGTON BEACH J R UN � 20i9 Professional Service Approval Font inanc D rtment PART I Date: 4/17J2019 Project Manager Name: Antonia Graham J Requested by Name if different from Project Manager: j Department City Manager 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 i WITH ALL APPROVED CONTRACTS. 1 i 1) Briefly provide the purpose for the agreement: Air traffic consultant I 2) Estimated cost of the services being sought: $ 12,000 3) Are sufficient funds available to fund this contract? ®Yes ❑ No If 66,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. E ® 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 answer to this question Is "No," the contract will require approval from the City Council.) Yes ❑No Fiscaf Services Manager Signature(Purchasing Approval) at 6) Amount, Business Unit(8 digits)and Object Code(5 digits)where funds are budgeted j (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit_object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19120 10030101.69365 $12 00 $ $ $ $ $ $ $ $ $ $ Is f i Bud et Approval D to nt Head Signatures) Da ` iQ�s h Chief Fin cer Slgna ure Date sistant City Manager's Signature Date i I APPROVED DENIED City Manager's Signature Date professional service approval form-part 12016 REV;February 2015 CITY OF HUNTINGTON BEACH Professional Service Approval Form ------ PART 11 RECEMP-1`0 Date: 11/18/2019 Project Manager: Antonia Graham NOV 18 2019 Requested by Name if different from Project Manager: Department: City Manager Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I&Il MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Dynamic Strategies 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $8,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10qP101.69365 $8,000 $0 $0 $0 4) is this contract less than $50,000? E Yes ❑ No 5) Does this contract fall within$50,000 and $100,000? ❑Yes E No 6) Is this contract over$100,000? ❑ Yes E 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 E 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. i Department Head DaYe Fiscal S rvices Manager(Purchasing) Date } Budg t Manage pproval Signature Date Chie inanciai Officer(or designee) Signature Dat parrt 2 dynamic strategies november 2019 - CITY OF HUNTINGTON BEACH �� J Professional Service Approval Form PART II RECEIVI=0 Date: 11/18/2019 Project Manager: Antonia Graham NOV 18 2019 Requested by Name if different from Project Manager: Department: City Manager Finance It 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: Dynamic Strategies 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $8,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 1 0qP101.69365 $8,000 $0 $0 $0 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. Department Head I Da tk Fiscal Sbrvices Manager (Purchasing) Date ( )rd 4 kMLIM ll/l l�"�L Budg t Manage Approval Signature Date Cttte inancial Officer(or designee) Signature Dat parrt 2 dynamic strategies november 2019 CITY OF HUNTINGTON BEACH RECEIVE® �- 2Ut9 Professional Service Approval For JuN r�n rnanc 6rtment PART I Date: 4/17/2019 Project Manager Name: Antonia Graham r� Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, j 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: Air traffic consultant i 2) Estimated cost of the services being sought: $ 12,000 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 answer to this question is "No," the contract will require approval from the City Council.) } Yes ❑ No FiscafServices Manager Signature (Purchasing Approval) OaW 6) Amount, Business Unit(8 digits)and Object Code (5 digits)where funds are budgeted i (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10030101,69365 $12 00 $ $ $ $ $ $ $ i $ $ $ $ Bud et Approval D 'te nt Head Signature(:s) Dath Chief Fin icer Signa ure Date _ I _ I Assistant City Manager's Signature Date 1 APPROVED DENIED City'Manager's Signature Date professional service approval form-part i 2016 REV: February 2015 M M N N N N Vj N N d LL LL N_ N o 0 o 0 LL N N LL LL U m O O C) O a N N O O O C O O O ((5 O Lo N N } } LL LL N m a m r m N m C m 7 E LL @ a) Q Q V N M m Q 0 U U_ O O o 0- 2 Z Z C m 7@ N U N N m U @ - U m LL O O C@ V O Cl- o m o y N U N N C 7+ U N iJ' N O C m U m U C Z N O W N U t C) (� d U O U U ram, O �i C: N - Z' N Q (n C CL co vI N C 7 E N U ~ m a '� @SUUQ2iQ JQUQ C) (D O OC 0 0 0 O O O [O N m O O Ln O O a U (D In CA -0' Of°- 0.4 a O o C. o 0 0 0 C. (D (D c r- _ v O O O o r- o 0 0 0 0 ^ n C .- C C, C) C) C) m C) C) (n C) O aO N 1� 7 C 3 0 0 (D O CO (n O CO O CO N N N O sf O c� v v O N E tD E M N (c Q Q N w GA fR U E Q N N c D fn O 0 0 0 ' a m m > ca U m oo m N w C H @ O E m N N h- m a U U w U m C V y m� m Z Q V C y L m U j .V EO 6 m d N 0 C m J U m U E 3 Q In N N O'0)Z E L p @ p Fu p m w ` m� C mum c0 N a+ � y y m O U N o25 V m > (n C L o ¢ w c JO N E a) Q U_ N o� Ty tU) Z0 (o r c m ( s m y o c o N Z U) m m@ O U (a m C, V 0 m J w U Z 2 O a s d d d rn rn rn o 0 0 0 o °' O o00 m 0 m lL LL 11 lL LL O O N N N R 0 0 0 0 0 N CITY OF HUNTINGTON BEACH RECEIM Professional Service Approval Form JUN 12 2019 PART 11 • a e C��rtmen' `- Date: 4117/2019 Project Manager: Antonia Graham Requested by Name if different from Project Manager: �r 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 1& 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Dynamic Strategy Group 2) Contract Number: CMS (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $12,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 10030101.69365 $12,000 $ $ $ 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. D partment Head ate Fiscal Se ices Manager(Purchasing) Date Budge Ma ager Approval Signature Date Chief Financial Officer(or designee) Signature Date professional service approval form-part li 2016 CITY OF HUNTINGTON BEACH RECEIVED ' Professional Service Approval Forr�nnanC�D JUN �� 2019 ' PART I rtment Date: 4/17/2019 Project Manager Name: Antonia Graham Requested by Name if different from Project Manager: Department: City Manager 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 I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1} Briefly provide the purpose for the agreement: Air traffic consultant 2) Estimated cost of the services being sought: $ 12,000 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. i ❑ 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 answer to this question is "No," the contract will require approval from the City Council.) Fv-] Yes ❑ No Fiscaf Services Manager Signature(Purchasing Approval) t batd 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): I Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year i 19120 10030101.69365 $12 00 $ $ $ $ $ $ $ ha Jaci Bud et Approval D to ! C e� nt Head Signature() Da Chief Fin icer Signa ure Date sistant City Manager's Signature Date APPROVED DENIED City Manager's Signature Da e professional service approval form-part i 2016 REV: February 2015 c � o 0 N o 0 V c coo CqC N O O O C C .•<_�': �"-ice t m r m a r.a� K _ O m > = O pip Q iL C O � V > � UO � :y•' ` �� O '� N fn �U � m s3a � Qnmea ma c 2.6 C O Uo 1�W C � V U T U o ag � m 5 3 � eo Uol OUoo m~ at amaU a0a.00 m¢ 0 0 0 0 O W /M�/� ppooa oino 0 N cq 0 0 0 O 4 CJ2 !'J r ���rn a r d °D � N"' v n n G s a m r�o W w o o m as i mm" mHv2e2 c@ m rn o�i v m V p V O E f �'' N m 0 v m u a Cc c m mi o� mu °� L° ° a wy o goZO,-n` o Q 2 r m c mi c o 2 w o ESn'c i n m a uJi % r o oL-L IS ®o m o cqc ;t-N� � oU m o¢ 2 U a E u 9 may c m m !-FGZaa xo.m KOm 777 F . m O�m Ol Ol —— — �Oi m - _ O O O O O p 0 0 N O O Oy 1(V O O 5Y O�V Cl I� r O 03 1 P1 07 Pf Y Y Y p m Flores, Paulina From: Graham, Antonia Sent: Friday,June 21, 2019 2:37 PM To: Flores, Paulina Cc: Molina-Espinoza, Carol;Vi, Thuy Subject: RE: Dynamic Strategy Group The contract amount is not to exceed$7,500 we negotiated down from the proposal. From: Flores, Paulina Sent: Thursday,June 20, 2019 10:41 AM To: Graham,Antonia<Antonia.G raha m@surfcity-hb.org> Cc: Molina-Espinoza, Carol<carol@surfcity-hb.org>;Vi,Thuy<TVi@surfcity-hb.org> Subject: FW: Dynamic Strategy Group FYI-We are still holding off on this request(PSA Part I & 2) pending your confirmation on the contract amount. Thank you. Paulina -----Original Message----- From: Flores, Paulina E Sent: Tuesday,June 18, 2019 9:27 AM To: Graham,Antonia <Antonia.Gra ham @surfcity-hb.org> Cc: Molina-Espinoza, Carol <carol@surfcity-hb.org> j Subject: RE: Dynamic Strategy Group Hi Toni, Just following up on this item. Kindly confirm so we could move it along. I understand this is a rush request. Thank you. Paulina ----Original Message---- From: Flores, Paulina Sent:Thursday,June 13, 2019 4:48 PM To: Graham, Antonia <Antonia.Gra ham @surfcity-hb.org> Cc: Molina-Espinoza, Carol <carol@surfcity-hb.org> Subject: PSA: Dynamic Strategy Group Hi Toni, We rec'd your rush PSA request for Dynamic Strategy Group. We review the Compensation section and the second ' paragraph mention a$bK retention fee upon conclusion of Phase I. We just want to confirm that we are only going for Phase I at this time and the second paragraph does not apply. 1