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Badfish Media, Inc. - 2020-03-16
'PRO>~ESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BADFISH MEDIA, INC. FOR COMMUNICATIONS AND MEDIA SERVICES RELATED TO COVID-19 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 Badfish Media, Inc. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide communications and media services during the COVID-19 pandemic; 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 Brandon Powers who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 20-8643/229994 1 of 21 RECEIVED 2020 JUN -9 PM 1: 28 CI CITY OF HUNTINGTON QEA -, 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 March 16, 2020 (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 six 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 One Hundred Thousand Dollars ($100,000). 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 20-8643/229994 2 of 21 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 A. 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 20-8643/229994 3 of 21 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 20-8643/229994 4 of 21 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 20-8643/229994 5 of 21 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 20-8643/229994 6 of 21 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 20-8643/229994 7 of 21 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 Badfish Media, Inc. ATTN: Travis Hopkins ATTN: Brandon Powers 2000 Main Street 2099 S. State College B1., Suite 630 Huntington Beach, CA 92648 Anaheim, CA 92806 20-8643/229994 8 of 21 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 20-8643/229994 9 of 21 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 20-8643/229994 10 of 21 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 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, 20-8643/229994 11 of 21 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 30. GENERAL PRINCIPLES CONSULTANT shall, comply with generally accepted accounting principles and good business practices, including all applicable cost principles published by the Federal Office of Management and Budget (OMB), including 2 CFR 200 - UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi- initext—idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. CONSULTANT shall comply with all federal, State and other funding source requirements. CONSULTANT shall, at its own expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a cost allocation plan in accordance with The Uniform Guidance. 20-8643/229994 12 of 21 31. COMPLIANCE WITH LAWS AND REGULATIONS CONSULTANT shall at all times perform is obligations hereunder in compliance with all applicable Federal, State, County, and local laws, rules and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 32. EQUAL OPPORTUNITY CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 33. AFFIRMATIVE ACTION Each CONSULTANT and subcontractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with all Affirmative Action Programs required by Federal or State law. 34. NON DISCRIMINATION CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with 20-8643/229994 13 of 21 applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. 35. BYRD ANTI-LOBBYING AMENDMENT CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by CONSULTANT or CONSULTANT's Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. CONSULTANT shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision. 20-8643/229994 14 of 21 36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firm by: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 20-8643/229994 15 of 21 d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 38. PROCUREMENT OF RECOVERED MATERIALS CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to CITY upon request. 39. AUDIT AND INSPECTION CONSULTANT agrees to maintain and/or make available within the CITY accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's performance pursuant to this Agreement, said monitoring, 20-8643/229994 16 of 21 assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REQUIREMENT CONSULTANT shall annually engage a Licensed Certified Public Accountant licensed to perform audits and attests in the State of California to conduct an annual audit of its operations. CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). CONSULTANT, CITY OF HUNTINGTON BEACH, Badfish Media, Inc. a unicipal co •ation of the State of all o• 'a By: City Manager Jeff Flint print name INITIATED AND APPROVE ITS: (circle one)Chairma Pres'sden ice President AND Travis Hopkins, Ass'sta'1 City Manager 5E; AS TO FORM: By; Cherri Spriggs rir�t name ITS: (circle one Secretar I hief Financial Officer/Ass(. Date Secretary—Treasurer RECEIVE AND FILEE:: City Clerk Date 20.8643/229994 17 of 21 COUNTERPART assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. CONSULTANT assertions of confidentiality shall not be a bar to full access to the records. 40. AUDIT REOUIREMENT CONSULTANT shall annually engage a Licensed Certified Public Accountant licensed to perform audits and attests in the State of California to conduct an annual audit of its operations. CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). CONSULTANT, CITY OF HUNTINGTON BEACH, Badfish Media, Inc. a municipal corporation of the State of California By: City Manager print name INITIATED AND APPROVED: ITS: (circle one)Chairman/President/Vice President AND Travis Hopkins, Assistant City Manager APPROVED AS TO FORM: By: print name City Attorney ITS: (circle one)Secretary/Chief Financial Officer/Asst. Date Secretary—Treasurer RECEIVE AND FILE: City Clerk Date 20-8643/229994 17 of 21 COUNTERPART EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop a communications and methods program to effectively inform Huntington Beach residents during the COVID-19 pandemic. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • Assist with the development of the City's new COVID-19 website, www.HBready.com • Conceptualize, produce, and edit Public Service Announcement videos • Distill all COVID-19 information and advice on effective and appropriate messaging • Public information management, including content creation(both written and graphic) • Additional projects as assigned C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide direction on the projects that will be completed. All work must be approved by the City in advance of starting work. D. WORK PROGRAM/PROJECT SCHEDULE: The Term of this agreement will begin on March 16, 2020 and continue forward on a month-to- month basis until either party terminates the agreement with an advance 30-day notice or the Consultant invoices up to the not-to-exceed amount of$100,000 pursuant to Exhibit B. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following: An initial fee of$5,000 will be due upon agreement to this proposal and execution of a contract for services through March 31, 2020. Thereafter, payment of$10,000 per month will be due thereafter upon completion of each month's services on the project. Furthermore, additional services will be billed according to the following payment schedule: Video Production/Editing $2,250 per video at less than 3mins Website Updates $6,000 each Website Creation TBD—Custom Quote per project Media Prep Sessions $1,500 each Content Creation/Written $200/hour Content Creation/ Graphic Design $125/hour Media Placement 15% of total media buy Monthly Public Information Management Additional $5,000/month 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 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. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BADFISH MEDIA, INC. FOR COMMUNICATIONS AND MEDIA SERVICE RELATED TO COVID-19 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 ACo os/o9//2020 CERTIFICATE OF LIABILITY INSURANCE °ATE'M ' �� ozo 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 have ADDITIONAL INSURED provisions or 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 Donna Ong NAME: Tolman&Wiker Insurance Services,LLC a/�No.Ext: (661)616-4700 n/c No): (661)616-4500 5001 California Ave. E-MAIL dpong@tolmanandwiker.com ADDRESS: Suite 150 INSURER(S)AFFORDING COVERAGE NAIC# Bakersfield CA 93309 INSURER A: Hartford Fire Ins Co 19682 INSURED INSURER B BadFISh Media,Inc. INSURER C: 1800 J St INSURER D INSURER E Sacramento CA 95811-3010 INSURER F COVERAGES CERTIFICATE NUMBER: 20-21 Master 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. INSR AULILIbUt3H POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S POLICY ❑ PRO- ❑ JECT LOC PRODUCTS-COMPlOPAGG 5 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANYAUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE S DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability Each Occurrence 1,000,000 A 51TE0351962-20 06/08/2020 06/08/2021 Aggregate 2,000,000 Deductible 51000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is requIMKAEL Proof of coverage A T FORM GA ES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH 40-1 Professional Service Approval Form PART I Date: 5/22/2020 Project Manager Name: Travis Hopkins 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: Communications and media services for COVID-19 2) Estimated cost of the services being sought: $ 100,000 (not to exceed) 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 Principal FinanA Analyst Signature (Purchasing Approval) bate 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): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019-20 23840004.693665 $100,000 $ $ $ .z9 BLffiget Approval 'Datql Department Head Signature(s) DJte Chief Financial Officer Signature Ate Assistant City Manager's Signature I Date AP P VED /D, IED City Manager's Signature Dafe bad fish-approval form-part i REV: 10/2019 CITY OF HUNTINGTON BEACH Professional Service Approval Form h PART II Date: 5/22/2020 Project Manager: Travis Hopkins Requested by Name if different from Project Manager: 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 & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Bad Fish Media, Inc. 2) Contract Number: ADM 3) Amount of this contract: $-10,000,Ott Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019-20 23840004.693665 $100,000 $ $ $ 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. -i — epartment Head Dat Principal Fin nce Analyst (Purchasing) bate G" U� �5� Budget Manager Approval Signature Date u ChiefFidancial Officer(or designee) Signature D&te bad fish-approval form-part ii REV: 10/2019 ADDENDUM TO PROFESSIONAL SERVICE APPROVALS PART II Question 8) City solicited 3 proposals for communications and media services. The proposal supplied by Bad Fish Inc. was most responsive and provided the scope of work and turnaround times that were needed to respond quickly during the COVID-19 crisis. Bad Fish had the necessary skill set to work on the communications materials that the City needed, and they were also willing to work within the City's means and schedules to complete their scope. DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 (SIMPLIFIED ACQUISITION THRESHOLD) TO COMPLETE.WHE,N PURCHASING GOODS AND/OR'SERVICES.,<$250,000 DEPARTMENT Civ Manager's Office PREPARER Travis Hopkins DATE May 22, 2020 DEPT HEAD Oliver Chi DESCRIBE PURPOSE OF REQUEST: (Please describe how this request is related to the COVID-19 event) Communications and media services for public service announcements related to COVID-19 1. JDE Account Number: 23840004.693665 2. Method of Procurement: What procurement method was used? ❑ Micro-Purchase/P-Card (<$10,000) XX Small Purchase ($10,000-$249,999) ❑ Sole Source (Unique or public emergency.The justification for using this method should be thorough and detailed to support the organization's decision—please attach justification to this document if sole sourcing is used) 3. Contractor suspension or debarment check- Document that the selected contractor is not suspended or debarred by performing an exclusion search at https://www.sam.gov/SAM/pages/public/searchRecords/search.esf and including the search results. (Documents the search by selecting "Save PDF". The resulting report will include the search terms and results. Explain any results for similar names that showed up in the search. Your funding source may require you to check additional lists.) Is a copy of the suspension/debarment check attached to this document?(REQUIRED) XX Yes 4. Quotes (Cost/Price Analysis)-Are copies of the quotes obtained attached to this document (applicable for purchases$10,000 and above)? XX Yes ❑ No ❑ N/A Initial Confirm the following: The attached_3 (number of quotes)constitute the cost/price analysis for this procurement. If the lowest quote obtained was not used, is the reasoning for the selection attached to this form? ❑ Yes ❑ No XX N/A DOCUMENTATION OF COMPLIANCE WITH FEDERAL PROCUREMENT REQUIREMENTS FOR COVID-19 (SIMPLIFIED ACQUISITION THRESHOLD) 5. Contract Provisions: For all procurements utilizing contracts,confirm that all applicable provisions listed below are included. Provision Applicability Included? Administrative, contractual or legal All contracts in excess of the Simplified remedies where contractors violate Acquisition Threshold ($250k) N/A or breach contract terms Termination for cause and Contracts in excess of$10,000 Yes convenience Equal Employment Opportunity All Federally assisted construction N/A contracts Davis-Bacon Act when required by Construction in excess of$2,000 N/A Federal program legislation Copeland Anti-Kickback Act Construction or repair contracts in excess N/A of$2,000 Contract Work Hours and Safety Contracts in excess of$100,000 that N/A Standards Act involve employment of mechanics or laborers Rights to Inventions Made Under a Federal awards meeting the definition of N/A Contract or Agreement "funding agreement" under 37 CFR 401.2 (NOT applicable for Stafford Act Disaster Grants) Byrd Anti-Lobbying Clause Contractors who apply or bid for an award N/A of$100,000 or more must file the required certification Clean Air Act and Federal Water Contracts and sub grants in excess of N/A Pollution Control Act $150,000 Procurement of Recovered/Recycled. Contracts involving the use of materials N/A materials clause Debarment and Suspension All Yes Form Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Media.BadFish 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions codes apply only to � P Y P ( PP Y Y 0 following seven boxes. certain entities,not individuals;see CU a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑TrusUestate single-member LLC Exempt payee code(if any) ao ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► `p r Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is de(if any) 'C another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that co a is disregarded from the owner should check the appropriate box for the tax classification of its owner. w m El Other(see instructions)► (Applies to accounts maintained outside the U.S) CL 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a� Cn 1800 J Street 6 City,state,and ZIP code Sacramento, CA 95811 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(S .However,for a TU _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. M82 — 4 5 0 5 2 M57 ___ EX Mit Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of � C+// Here U.S.person► Date► 05/22/2020 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) STUDIO THREE SIXTY Ad Hoc Video Rate Sheet Studio Three Sixty Videographer full day (8 hrs.): $1,200 Videographer half day (4 hrs.): $700 2nd videographer full day: $900 2nd videographer half day: $600 Videographer includes: - Professional videographer - On camera Rode shot gun mic - Professional camera, high res 1080p or - Basic blocking and direction higher - Travel to LA and OC areas - Tripod - 1 general location - Camera lenses 35mm, 50mm, and 70 - 200mm Additional equipment options: - 4k or higher cameras - Specialty lenses - Additional and specialty mics - Specialty lighting packages - Drone - Steadicam - Sliders Additional services offered: - Animation/Graphic design - Production planning /scheduling - Concept creating - Script writing /supervising - Director - Set design - Hair and makeup artist - Sound technician - On-set talent/interviewer - Storyboarding - Producer Editing: $75 p/h for standard editing with includes basic titles, audio mixing, transitions, and royalty free music from our library. Additional editing options include: - Complex editing - Stock footage, graphics, photos, and - Visual effects music - Voice-Over Contact: Jeremy Law (949) 380-7360 (949) 370-4185 Mobile aeremy@studiothreesixty.com Stud ioThreeSixty.com r STUDIO THREE SIXTY Oil hurt Pringle & Associates May 6, 2020 Mr. Oliver Chi City Manager, City of Huntington Beach VIA EMAIL: oliver.chi@surfcity-hb.org Dear Oliver: Thank you for inviting us to submit a proposal as to how Curt Pringle&Associates(CP&A) can assist the City of Huntington Beach in providing public relations and government affairs services, communications support, and strategic counsel over the next year. In light of the current pandemic,cities are grappling with the daunting task of how to modify budgets, while still providing the critical public services. As such, CP&A is uniquely poised to work with city leadership in creating and executing a comprehensive strategic communications plan that can effectively advance the city's top priorities over the next year. Curt Pringle&Associates is an Anaheim-based government affairs and public relations firm that helps clients work productively with local governments and elected policymakers on a wide variety of issues such as land use, housing/commercial real estate development,transportation, and healthcare. Founded in 1999 by Curt Pringle,former State Assembly Speaker and former two-term Mayor of Anaheim, our 10-member team has extensive experience in working with public, private,and non-profit clients in Orange County,the Inland Empire, and Los Angeles. Our firm guided by the following operating philosophies: • Communicate HONESTLY with clients and stakeholders • Engage clients and the public with CREATIVITY and COMPASSION • Provide CONSISTENT and EFFECTIVE guidance to clients • DELIVER the right message at the right time to the right audience What makes our firm unique is our deep understanding of how big-picture public policy issues impact municipalities, businesses, and nonprofits. We understand the importance of working alongside elected policy makers,senior executives, boards of directors and front-line staff to define and communicate an organization's shared mission,vision,and strategic goals.A nuanced approach is taken with every client to deeply understand an organization's strengths and challenges so we can develop a meaningful action plan that resonates with desired stakeholders. Based on our current understanding of the City's needs, CP&A proposes the following scope of work with specific examples of similarwork for other clients: • Strategic counsel and vision planning o Since 2015, CP&A has provided long-range vision planning,for the Transportation Corridors Agencies (TCA) Boards of Directors and executive staff, as well as legislative support, risk analysis, and stakeholder engagement regarding the Agencies'capital projects throughout the Southern California region. • Message development and media relations o CP&A has partnered closely with SoCalGas over the last two years, developing messaging that has resulted in municipalities throughout Orange County adopting 'balanced energy resolutions.'from. Further, CP&A conducts annual media training for SoCalGas public affairs staff. Collectively,the CP&A team has more than 50 years of crisis communications and direct media relations experience. • Public affairs and community outreach o Since 2007, CP&A has provided public affairs support to Santa Margarita Water District on a wide range of issues, including, but not limited to local supply reliability,water quality, local government partnerships and federal and state legislative priorities. • Stakeholder identification and engagement o CP&A currently provides outreach support to Riverside Public Utilities, assisting with community and stakeholder outreach,strategy, and overall agency support regarding the Riverside Transmission Reliability Project (RTRP). • General communication support o CP&A has provided strategic communications, legislative affairs, and event planning support to First 5 Orange County for nearly two decades. CP&A assists First 5 OC's Commission and executive staff to educate policy makers about the Commission's work to improve the health and well-being of families with children ages 0-5. Additionally, provides public relations and sponsorship support for the annual Essentials Diaper Drive campaign in conjunction with Homeaid Orange County. CP&A is proposing to provide these services as needed for a period of 12 months, beginning June 1, 2020,at a rate of$10,000 per month. Further,CP&A would be willing to serve in an on-call capacity to assist with other projects, such as: • Social media o Content development (content calendar,video and graphics development) o Targeted social media buys to extend outreach o Regular monitoring/reporting of key social media metrics • Polling • Virtual and in-person town hall meetings • Issue monitoring—Local media, blogs, Nextdoor, Facebook, etc. We hope that this letter addresses many of your needs, and welcome a discussion to adapt this proposal to fit the City's needs. Our entire team would be honored to work with you and the city of Huntington Beach in advancing your community's priorities. Please let us know any questions that you might have and we stand ready to discuss next steps. Sincerely, Curt Pringle BADFISH MEDIA, INC. cm - BADFISH 2099 S State College Blvd. f c I A Suite 630 Anaheim, CA 92806 Proposal to the City of Huntington Beach For Communications and Media Services Introduction BadFish Media, Inc., is proud to present this proposal for professional services,as described, to the City of Huntington Beach. Based in Anaheim,California,and with additional offices in Sacramento,San Francisco,Austin, and Washington, D.C., BadFish is a full service creative,design, communications and digital media services firm that is exceptionally well positioned to assist the City in pursuing its goals of serving its residents through enhanced communications with its residents. Specifically, BadFish proposes to work with the City in developing a communications and methods program to effectively inform Huntington Beach residents during the present COVID-19 viral pandemic. Educating and informing the public during a time of anxiety and nervousness such as this is important for any city to do, and we know that implementing the measure we have outlined will do exactly that for Huntington Beach. Scope of Work Website BadFish Media will be helping the City update HBReady.com.This includes having redesigned the look and feel of the site from its original presentation. BadFish Media will help make the site easier to navigate and thus keep all current Covid-19 news and information in a single location. We will ensure the site is cleanly designed and easy for residents to navigate, responsive to mobile phones,tablets, and desktop computers. BadFish Media will work with City staff on desired details, messaging, and imagery,and will update the website as needed throughout the course of the project. Video Production BadFish Media will conceptualize,write, produce and edit Public Service Announcements (PSAs)and informative videos with Covid-19 messages in conjunction with the City on an on-going basis through the life of the crisis. Strategic Communication Counsel We will work with City staff to distill all relevant information regarding the crisis,advise on effective and appropriate messaging regarding same and help the City to develop and distribute clear messaging for the public. Public Information Management BadFish Media is ready to take a more active role in day-to-day messaging and media for the City of Huntington Beach, as well as overseeing more written and graphic design content creation. Additional Projects BadFish Media will also work with City Leadership on any additional projects and/or communication strategies that arise in this rapidly changing and developing crisis and will quote additional fees and costs in a timely way to provide a quick response to developing needs not contained in the current scope. Phone 657.2O2.9266 Email i nfo@badfish.media Website badfish.media BADFISH M - E -D I A Cost and Fees An initial fee of$5,000 will be due on agreement to this proposal and execution of a contract for services through March 31, 2020. Thereafter,payment of$10,000 per month will be due payable upon completion of each month's services on the project. Additional services will be billed according to the following payment schedule: Video Production/Editing $2,250 per video at less than 3mins Website Updates $6,000 ea Website Creation TBD—Custom Quote per project Media Prep Sessions $1,500 ea Content Creation/Written $200/hr Content Creation/Graphic Design $125/hr Media Placement 15%of total media buy Monthly Public Information Management Additional$5,000/mo Term BaclFish Media proposes to begin work according to the terms of this proposal on March 16, 2020 and continuing thereafter on a month to month basis until such a time designated by the City of Huntington Beach,with a 30- day advance termination notice to be delivered prior to final work being completed. Conclusion Thank you for the opportunity to discuss what BadFish Media can do for the City of Huntington Beach as you explore how best to communicate crucial information and updates to your residents during this unprecedented time of crisis for many local agencies. We look forward to discussing further and encourage you to contact us with any question. Sincerely, Brandon1;6wers BadFish Media, Inc.