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Dakota Communications - 2020-11-16
/iPPRvdC-D 6 - D- ' City of Huntington Beach File #: 21-742 MEETING DATE: 10/19/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve and authorize the Mayor and City Clerk to execute Amendments No. 1 to Professional Services Contracts with Dakota Communications and Barrios & Associates, LLC, for On-Call Public Affairs Services Statement of Issue: In November 2020, the City entered into on-call professional service contracts with Dakota Communications and Barrios & Associates, LLC for public affairs services that would support the City's community engagement efforts. In their initial year, Dakota and Barrios have successfully generated digital and written content to inform the community about the City's programs and policies. Both contracts are set to expire on November 16, 2021 . In order for both firms to continue their work, staff recommends extending each contract by three year. Financial Impact: There is no additional financial appropriation requested at this time. If the amended on-call contracts are approved, services would be engage on an as-needed basis, subject to annual City Council budget appropriation authority, and capped at no more than $150,000 annually. Any work performed will be funded through both the Surf City "3" PEG Fund and General Fund. Recommended Action: Al Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Dakota Communications for On-Cali Public Affairs Specialists to Support the Public Information Office;" and B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Barrios & Associates, LLC. for On-Call Public Affairs Specialists to Support the Public Information Office." .Lees U-11�1rA Alternative Action(s): Do not approve one or more recommended actions and direct staff accordingly. Analysis: City of Huntington Beach Page 1 of 2 Printed on 10/132021 ,111—At,,cV't, File #: 21-742 MEETING DATE: 10/19/2021 Staff is seeking a three year contract extension for on-call public affairs contracts with Barrios & Associates (Barrios) and Dakota Communications (Dakota). Both firms were initially awarded a one- year contract in November 2020, following a Request for Qualifications selection process. The one- year contracts are set to expire on November 16, 2021, and the proposed amendments would extend the term of each contract through June 30, 2024 (in order to align with the fiscal year budget cycle) for a not-to-exceed amount of$150,000 per fiscal year. During the initial one year contract period, staff has worked extensively with both firms, which have delivered a diverse range of services in a timely and professional manner. Dakota has served as the City's primary web designer for offshoot websites including HBReady.com and HBHomelessSolutions, provided high quality drone and video footage for projects like the Navigation Center, and currently leads other efforts to make city news more accessible to the public. Barrios has provided extensive written and digital content that includes but is not limited to livestreaming 15 virtual town hall events, developing FAQ sheets for recent City initiatives, developing a branding guide that has begun shaping the City's visual content, and graphic designs such as the "My HB is" banners in downtown Huntington Beach. Both firms have provided services on an as-needed basis and have not exceeded their budgets. At this time, all other terms of their original agreement remain unchanged. Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Amendment No. 1 to a Professional Services Contract Between the City of Huntington Beach and Dakota Communications 2. Professional Services Contract Between the City of Huntington Beach and Dakota Communications 3. Amendment No. 1 to a Professional Services Contract Between the City of Huntington Beach and Barrios & Associates, LLC 4. Professional Services Contract Between the City of Huntington Beach and Barrios & Associates, LLC City of Huntington Beach Page 2 of 2 Printed on 10/13/2021 powered by LegistaO" AiMENDNIENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAKOTA CONIMUNICATIONS FOR ON-CALL PUBLIC Al-17AIRS SPECIALISTS TO SUPPORT THE PUBLIC INFORN•IATION OFFICE THIS ANIENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH. a California municipal corporation. hereinafter referred to as "Cih." and DAKOTA COMMUNICATIONS. hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement. dated November 16. 2020. entitled "Professional Services Contract Between the Cite of Huntington Beach and Dakota Communications for on-Call Public Affairs Specialists to Support the Public Information Office' which agreement shall hereinafter be referred to as the "Orig-inal Agreement`'; and City and Consultant wish to amend the Original Agreement to increase the term. NOW. THEREFORE, it is agreed by City and Consultant as follows: I. TERNS The term of the Agreement is extended until ,lone 30, 2024. 2. ADDITIONAL CONIPENSATION In consideration of the services to be performed under the Original Agreement. City agrees to pay Consultant agrees to pay Consultant an additional sum not to exceed One Hundred Fifty Thousand Dollars (S150,000.00) per fiscal year. 3. R17AI'FIRNIATION Except as specifically modified herein. all other terms and conditions for the Original Agreement shall remain in full force and effect. 21-10433/267429 1 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be cxccutcd by and through thcir aulhorizcd officers on OG-h6.�9 2021. DAKfYI'A COMMUNICATIONS CITY OF HUNTINGTON BEACH.a municipal corporation of the State of California By: ' ra � prn erne ITS: kw-de oMl Clwirarrs Presid ice Prcs � Mayor AND By: City Ckrk 1111414 IN TED A � pAPPROVED- ffis ITS. l�rrc-!•wrr)SeCtGaryK'hief Farrcial O ;Assr Smeary-TreLum - City Manager APPROVED Itr tturncy 11.U1 I I I 21-I OV267a29 2 CERTIFICATE OF LIABILITY INSURANCE DATE 10/280A'YYY) 1 2elz 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, conaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . aROOUCER CONTACT Gwen Harvey NA R F P INSURANCE AGENCY -PHONE a.1!Xu:�310)642-1933 ac No): 4401 Crenshaw Blvd Ste 220 EMAIL ADDRkss; g_y@P harve , rf Insures.com Los Angeles, CA 90043 INSURERS AFFORDING COVERAGE HAICIf ____ INSURER A: Hartford Casualty Insurance Co 29424 NSURED INSURERB; Philadelphia Indemnity Ins Co. 18058 DAK07A COMMUNICATIONS, LLC INSURERC: 800 WILSHIRE BLVD., SUITE 410 I INSURER O: Los Angeles, CA 9DO17 INSURER E: CA 90017 (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. NSR �AD0L1SUaR1 POLICY EFF POLICY EXP -TR TYPE OF INSURANCE hISQ MoPOLICYNUMBER A e LIMITS X COMMERC;AL GENERAL LIAOILITY EACH OCCURRENCE S 2 00O 000 CIAMISdV.CE 7x:1 CCCUR M 5 L—E ATRT nand S 300.000 _ MEDUP Myone non $ 10,000 A Y I 72SBARB1355 09/18/21 09118122 PERSONAL aADVINJURY S EXCLUDED GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY[D P-EC4OT El PRODUCTS-COMP/OP AGO $ 4,000.000 LO(: OTHER: $ AUTOMOBILE LIABILITY I COMBINED SINGLE LLWT S Z,000,000 lEa.aE41de4) ANY AUTO i BODILY INJURY(Per person) $ OWNED $GH=DULEE' BODILY INJURY(Pet accident S A autos cNLY 1 Autos Y 72SBARB1355 09/18/21 09118/22 ) X HIRED IX NON-OWNED PROPERTY DAMAGE $ AUTO$ON:Y i_ AUTOS ONCi Waraccldontl IS XI UMBRELLALIAS iX OCCUR EACH OCCURRENCE I $ JOOO,O 00 A EXCESSLIA9 CLAlres-nuGE_; Y 72SBARB1355 09118121 09118/22 AGGREGATE S 3,000,000 DED X RETEN7IGN c. 10,000 J $ WORKERS COMPENSATION I PER OIH. AND EMPLOYERS'LIABILITY YIN I r S ME ER OFFICERIIEMBER E'CWDED7`EXECUPVE Illy 1A By: E.L.EACH ACCIDENT S (Mandalory in NMI MkHAEL E. G' TES E.L.DISEASE-EA EMPLOYE $ If yes,daaala"rue: CITY ATTORNEY DESCRIPTION OF OPERATIONS bolas E.L.DISEASE-POLICY LlM r S Professional Liabillty/ r-L I T tJI- NUIV I 114t,I JAY OrAk.. Each Claim $1,000,000 B PHSD1654947 08/26/21 08/26122 Aggregate: $3,000,000 Personal & Adv Injury 1 DEDUCTIBLE: $2,500 DESCRIPTION OFOPERLTIONS!LOOATIONSIVEHIC'_ES (ACORD 101.AddRoo.1 Remeeke Schedule,may Caatuchedllmowapeeo la resulted) Insurer A.Pro pony Coverage Polley No.725BAR81355 Eff:911 612 0 2 1.911812022 Cc ntonts$39,990 rho City,Its officers,elected or appointed oalclala,employees,agents,antl volunteers are to Do covarad as additional Insureds by separate attached ondorsemant(s)as respects Ilabllity arising out cf zcdon cerfarmad by or on bohalf of No conlmctor,producls and compl nod operations of the contractor,promises owned,occupied or used by the contractor,or automobiles owned,Icuad or borrowed by thecontraclor.Thu coverage shall contain no spacial limitations an the scope of protection afforded to the City. 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 Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED RrEPREe TATIVe I v v Cf 198" ACORD CORPORATION. All rights reserved. ACORD 25(20113103) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N%,%v%v.huntingtonbeachca.gov Office of the Citv Clerk Robin Estanislau, City Clerk November 16, 2021 Dakota Communications Attn: Brandon Powers 800 Wilshire Blvd., Suite 410 Los Angeles, CA 90017 Dear Mr. Powers: Enclosed is a fully executed copy of "Amendment No. 1 to Agreement between the City of Huntington Beach and Dakota Communications for On-Call Public Affairs Specialists to Support the Public Information Office" approved by the Huntington Beach City Council on October 19, 2021. Sincerely, 41w, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested. 10/5/2021 2. Contract Number to be Amended 3. Department: City Manager 4 Requested By: Catherine Jun, Assistant to the City Manager / Grace Yoon-Taylor 5 Name of Consultant Dakota Communications 6 Amount of Original/Prior Contract. $150,000 7 Additional Compensation Requested $Not-to-Exceed $150,000 per year ($450.000 for three years) 8. Original Commencement Date: 11/16/2020 9. Original Termination Date: 11/16/2021 10. Extended Date Requested. 06/30/2024 (to align with the fiscal year budget cycle) 11. Reason for Contract Amendment. In November 2020, folloiwing a RFO selection process. the City entered into on-call professional service contracts with Dakota Communications and Barrios & Associates, LLC for public affairs services that would support the City's community engagement efforts Dakota and Barrios have successfully generated digital and written content to inform the community about the City programs and policies Both contracts are set to expire on November 16, 2021. and staff recommends extending each contract for an additional three-year term in an annual amount of not-to-exceed $150.J0(�0�.,0, which will allow Dakota and Barrios to continue their efforts. lo/b/toZ I Purchasing Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes® No❑ 13. Business Unit and ONect Code where funds are budgeted. Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2021/2022 2022/23 2023/24 10030301 $20,000 $50.000 $50,000 $ 24330101 $130,000 $100,000 $100,000 $ $ $ $ $ loz Budget Approval Signature Date 0 ZQz epartment Hea Signature Date professional service approval form-amendment#1 dakota REV 2016 t-II �=City Manager Approval Signature Date professional service approval form-amendment#1 dakola REV 2016 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAKOTA COMMUNICATIONS FOR ON-CALL PUBLIC AFFAIRS SPECIALISTS TO SUPPORT TIME PUBLIC rNFORMATION OFFICE 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 Dakota Communications, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to support the Public Information Office by providing public affairs specialist; 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. 2. CITY STAFF ASSISTANCE, CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20-9100238416 1 of 11 144 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 16 , 20 20 (the "Corrunencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year (1) 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 Fifty Thousand Dollars (S 150,000). S. 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 20-9100/238416 2of11 145 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. S. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any)negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY LVSURANCE 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 20-9100R3 6a 16 3of11 146 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 tenmination. CONSULTANT waives the right to receive compensation and agrees to indemnity the CITY for any work performed prior to approval of insurance by the CITY. 20-91001238416 4ofII 147 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 ATitten 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 CONS ULTANT'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. IIvDEPENDENT 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 employ cc 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 20.9100?33416 5of11 148 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. TFRMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANTS 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 CONSULTANTf 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 20A100M 8416 6of11 149 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 scaled 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 Dakota Communications ATTN: Catherine Jun Brandon Powers 2000 Main Street 800 Wilshire Blvd., Suite 410 Huntington Beach, CA 92648 Los Angeles, CA 90017 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. 20.9I OM38416 7ofII 150 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 AGRFEMENT 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 20.91001US416 8of11 151 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. 2 0-9 1 00 23&41G 9ofII 152 26. GOVFRNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIF,S 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. 20-91002384!6 10 of 11 153 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTING'fON BEACH, a municipal Dakota Communications corporation of the State of California By BRANDON POWERS Mayor print name ITS: (circle one)Chairman/Presid=Mce President AND City Clerk INITIATED AND APPROVED: By: print name City Manager ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer APPROVED AS TO FORM: M LA� U . City Attorney COUNTERPART 20-9 10023 84 1 6 11 of 1 I 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 Dakota Communications corporation of the State of California By: a ' r print name ITS: (circle one)Chairman/President/Vice President AND City Clerk WDAP _ROVED: By: � print name City Manager ITS: (circle one) Secrctaq/Chief Financial Officer/ASSL Secrctan ,—Treasurer APPROVED AS TO FORM: City Attorney COUNTERPART 20-9100235416 11 of11 154 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop content for the City's media platforms, which may include print, website, social media, and community cable television. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Develop content for the City's media platform, which may include print, website, social media, and community cable television. The specialist will use multi-media to build a unique brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to assist in faciliatting any data collection and interviews the CONSULTANT needs to conduct and complete the aforementioned scope of work. D. WORK PROGRAT&PROJECT SCFIEDULE: EXHIBIT A 155 FXIiIBIT "B" Payment Schedule (Hourly Payment) A. Hourlv Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B. B. Travel Charges for time during travel are not reimbursable. C. Billine 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 I Exhibit B 156 into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 157 DAKOTA communications November 11, 2020 Attn: City Managers Office City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 Dear City Managers Office, I have thoroughly enjoyed the work we have been able to do throughout the year. While that background led to initially bidding for continued work with the City of Huntington Beach through FSB Public Affairs, I have subsequently left my position with that firm and thus cannot perform the work initially described through FSB. However, I hope that change doesn't prevent further work opportunities with the city. This letter is to assert that, upon the city's approval, we would be able to perform the same work through Dakota Communications, a leading Southern California public affairs firm. Attached you will find a brief restatement of qualifications, as well as a new rate sheet, showing some savings compared to our prior bid. I hope this will allow us to continue our mutually beneficial relationship into the future. Respectfully, S� Brandon Powers Who We Are Dakota Communications is a Los Angeles-based, minority-owned marketing, public relations and public affairs consulting firm with expertise in the areas of public communications, media relations, strategic planning, political guidance, and community relations. Created in 1997, Dakota Communications is dedicated to the task of educating and shaping policies and programs to meet its clients' objectives as well as developing strategies to effectively communicate them. Dakota Communications has extensive experience building community support for public policy initiatives and programs advanced by corporate, business, political, governmental, non-profit and community-based organizations. Our Story Dakota Communications is defined by the far-reaching experience of its partners, Kerman Maddox and Rick Taylor. With more than 60 combined years of experience in public affairs management, Maddox and Taylor have established extensive networks and gained keen insight in working with elected officials, governmental agencies, opinion leaders, public interest groups, and members of the print and electronic media. Our understanding and appreciation of public diversity, along with our ability to accurately assess a situation and pinpoint problems, enables us to work together with clients toward achieving their goals. A diverse staff allows Dakota Communications to provide clients with a unique perspective and strong expertise in developing a variety of communications programs for the multi-faceted communities of California and beyond. qlrmiri ��� ' , Our Team BRANDON POWERS - PROJECT LEAD �. Brandon Powers is a well-recognized expert in public affairs and communication strategies with a specialty in coastal Orange County programs. For more than 15 years, Mr. Powers has helped shape F ' ' and drive the outcome of hundreds of public affairs campaigns throughout Southern California and f especially in Orange County. His track record speaks for itself, with clients achieving their desired successful outcome over 85%Of the time when Brandon is engaged. An experienced strategist and writer, Powers is a 15-time recipient of the American Association of Political Consultants'annual Pollie Awards and years ago was named a Rising Star by Campaigns and Brandon Powers Elections Magazine. His writing has appeared in the Orange County Register, LA Times, Riverside Project Lead Press Enterprise,and Sacramento Bee. A longtime Orange County coastal resident, Mr. Powers briefly lived in Sacramento while serving as 18 years of Experience Chief of Staff to a Member of the California State Assembly, where he managed all aspects of the office's policy and communications operations. Now in Seal Beach, he enjoys spending his time surfing,fishing,and helping clients achieve their goals. ED CHEN DAISY TONG-PHUOC �_riiVESE LANGUAGE OUTREACH VIETtJA`.'ESE LANGUAGE OUTREACH i F • Asian/Pacific Islander Community Orange County Communications Outreach/Communications Consultant 1 Consultant • LA County Reserve Deputy Sheriff _s= Former Aide to Assemblyman Van Tran • Former Aide to State Senators Huff 0 and Margett CARLOS MADRILES CREATIVE DIRECTOR/GRAPHICS/WEB DESIGN/VIDEO DIRECTOR With over 14 years of experience, Carlos brings a diverse business and communications background and over 14 years in marketing and design experience. Using his proficiency in graphic design,video production,web design work, 3D space layouts, and event f production, Carlos implements his experience in marketing and branding principles to deliver effective collateral pieces across several different mediums. ABIS AKOLAWALA PROFESSIONAL VIDEOGRAPHER /POST PRODUCTION EDITOR Professional videographer, editor& photographer with 10 years of experience. Abis' passion for content creation is all about making brands stand out from the rest by capturing high quality content and consistently delivering a polished product.Abis' has a long history of working with clients from several industries including entertainment, it corporate, fashion & live events. OANA SWEENEY PROFESSIONAL EVENT& PORTRAIT PHOTOGRAPHER low Cana Sweeney comes from years of experience in a unique and growing industry.After studying photojournalism at CSUF, interning with one of the best photographers in Laguna Beach and working for Canon, she now spends her time as a full-time photographer based in Orange County. Published in top magazines, blogs and books, her experience and passion for photography is guaranteed to bring out the best from any subject or event. 160 � a 2a'egor, Project Rate STRATEGIC COMMS Monthly Management $6,375 Press Releases/Written Material $160/hr Video- B-Roll $95/hr Video- Small $2,550 (Single Day,Single Camera,Single Mic,Simple Post Production,2-3 minute—PSA/Mayor Update) Video- Medium $5,550 (Single Day,Multiple Camera/Mics,Advanced Post Production,4-8 min) Video- Large $8,600 (Multiple Day, Multiple Camera/Mics,Shortform Storyboarding,Script Dev—Visit HEI Commercial) Video- Extra Large Ask for Quote (Scheduled Shoots, Multiple Camera/Gear,Longform Storyboarding,Script Dev)—Visit HB Commercial) Documentation Photography $125/hr (Staffed Photographer) Professional Photography $225/hr (Professional Photographer w/professionally retouched photos) Graphic Design - Sr Designer $125 Graphic Design -Secondary Designer $100 Graphic Design - Design Support $85 HB3 TV Monthly Management $25,500 (Includes: 4xSmall Productions.Either 3x Medium or 2xLarge Productions per month...Extra Productions billed at above rate) *Amount is subject to finalized scope and approved content creation and management. WEBSITE DEVELOPMENT Small $4,750 (Simple landing page,few pages/sections,Hosting,SSL certificate, SEO) Medium $9,500 (Multiple pages/sections,Advanced features&coding, Hosting,SSL certificate,SE01 Large $16,000 (Multiple pages/sections,Advanced features&coding,advanced graphics,videos,payment processing, advanced forms,Hosting,SSL certificate,SEC) Enterprise $2,225/mo (Manage outsourced custom website developer/platform) NEW CITY NEWSLETTER Initial Construct/Setup $3,250 Hourly Graphics $100 Hourly Content Development/Writing $125 ON-CALL SERVICES Media Training $225 Style Guide Updating $225 Media Analysis $225 Crisis Communications $225 161 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTfNGTON BEACH AND COMMUNICATIONS LAB FOR ON-CALL VIDEO PRODUCTION SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............:...............................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 "Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................to 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entiret}.......................................................................................................................10 29 Effective Date......................................................................... ........ I I 162 a DAT E(MMIDOMJYY) A6 b' CERTIFICATE OF LIABILITY INSURANCE 1211620 THIS CERTIFICATE IS ISSUED AS A CLATTER 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 PCLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITiONAL INSURED, the poticy(los) 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 116U of such endorsements , ' PRODUCER CONTACT ANE: Gwen Harvey � RFP INSURANCE AGENCY;INC. APHONE -F.n (310)642-1933 ac Nar' (31 0164 5-31 5 0 5601 W Siauson Ave tt250 nlmn ss` hg arvey@!Ipinsures.com Culver City, CA 90230 UNEURERISI AFFORDING COVERAGE ":'NAICA _ INSURER A: Hartford Casualtv Insurance Co - "29424 INSURED DAKOTA COMMUNICATIONS, LLC INSURER o: Phiiadelphia Indemnity Ins Co. 18058 INSURER O: 800 WILSHIRE BLVD,,SUITE 410 INSURER 0: Los Angeles, CA 90017 INSURER E: CA 90017 INSURER F: COVERAGES". -CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 10 CERTIPY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO!ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V/HiCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN'.I$ SUBJECT TO ALL THE TERMS, NS E%CLUSIO AND CON OF SUCH POUCED BY PAID CLAIMS. _ _ . . POLICY . POOP _ . POOP_ POOP LICIES.LIMITS SHOWN MAY HAVE BEEN RED _ 0.8ft TYPEOF INSURANCE OL aR POULYNUMRER POLICY EFF ANDI CY UP LINIr9 Tboa X COSWERMAL GENERAL LIABILITY' FACH.OCCURRENCE s 2000000. DANA _ CLANS-MADE ❑X OCCUR /U;MISES IEa s 300,600 VED EXP M one arson 5 10;000 A Y 72SBARB1355 09118120 09118121 PERSONAL*AW WJURY S EXCLUDED GENT AGGREGATE LIMIT APPLIES PER: GENENALAGGREGATE F� 4 000000 POLICY❑PRO"ECT n LOC PRODUCTS-COLIPIOP ADD000,000 PROOTHER'AUTOM091LE LIABILITY CONBWEO WGLE ILWT 000000 ANY ALTO BODILY INJURY(Per person)OWNED S CULED BODILY INJURY(Par ar�daM)A AUTOS ONLY AUTOS Y 72SBARB1355 09/18120 09118/21HIRED NON-OWNED PROPERTY PROPERTY OOVITA EE XAUTOS ONLY AUTOS ONLY resident X UMBRELLA UAB X OCCUR EACH OCCURRENCE s 3000000 .A. EXCESS LUB CW MS-MADE Y 72SBARB1355 09I18120 09/18/21 AGGREGATC S .3.000'000' DEG X RETENTION+ 10.000 s WORHERS COMPENSATION PERK OTN- ANDEMPLOYER$'DAWLITY '� - , ANY PROPR+ETORFARTNEryEXECUTNe Yrjl' � F..L.EACH AC OEM s OFnGEWMEMBFR EXCLUOTOi u NIA . (fNndelary W Mq F..L DISEASE,EA EMPLOYE * ryyaass datums Omar 'OERCRIPTN]N OF OPERATIONS otlow E.L.DISEASE-POLICY Lll.11r S Each Claim $1,000,000 B Professional Liability/ PHSD1558970 08/26120 08/2612, Aggregate:: $3,000,000 Personal &Adv.Injury DEDUCTIBLE: $2,500 s. DESLRIPT+ON OF OPERATIONS I LDLAliON91`JEHiCLES (ALORD Tel,Adtlltlaml Ramarb 9<Ndcb,mq W atlacMd Il nwra apeu If raeulnd) Insurer A Property Polky No.72SBAR01355 Ef:gIlIV2020�9il8nC2I Conlenta$38,2p0. .. :. . ...... .: ;.:. ::' . The City,its ollears,elected or appointed officials,employees,agents,and volunteers are to be covered as additional Insured,by.,.,at.attached code neinanil.)as retracts list arising out of action.pe HarmeE by or an behalf of to.contrador,protl cts no coreplaad operations of the cc nlraolur pramlen owned,itclu leFQr,ljcld by the.Contactor,or automobile*awred Notice or borrowed by lheconlraclor.The coverage*hall cantata no spacial luriallons on the Scope Dip 9l�+pR ftrih @i . B GATES— CERTIFICATE HOLDER CANCELLATI DN STY AfTD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE, City of,Huntl ngton Beach LEE EXPIRATION DATE' THEREOF, NOTICE'WILL BE DELIVERED 'IN i 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntlnqton Beach,CA 92648 AUTH/AO`RNED,RAEPRESENTAVVE �V V� :l)1988.2015 ACORD COR ATION. All rights reserved. ACORD 2512016103) The ACORD name and logo are registered marks of ACORD l i AC Ro o® CERTIFICATE OF LIABILITY INSURANCE 12/E8@O20 Y' 111. � 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condlllons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl hts to the certificate holder In lieu of such endonlament(s). PRODUCER CONTACT AUTOMATIC DATA PROCESSING INSURANCE AGCY INC IVAY'r'N E P(6man-ore :ac Nel: ten)en-OQO 1 ADP BLVD MS 625 L ROSELAND,NJ 07068 -ADDRESS f cbkftl uawhn.can (877)677-0428 INSURER(S)AFFORDING COVERAGE NAIL e INSURER A:TRAVELERS PROPERTY CASUAllY COMPANY GF ANEBICA INSURED INSURER B: DAKOTA COMMUNICATIONS 800 WILSHIRE BLVD MSURER o` STE 410 IKGU0.PR D LOS ANGELES,CA 90011 INSURER E INSURER F: i COVERAGES CERTIFICATE NUMBER: 001413629441153 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 i CFRUFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PCLIMES.LIMBS SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIMS. 'NSR ADD4 SUOR POLICY EFF POLICY EXP LTR TYPE OF INSURARCE INSO MD POLICY NUYDER MAD M 1OO LIMITS EAGI OCCURRENCE $ COMMERCIAL GENERAL IIAORITY , CLAIMS-MArIF. OCCUR PREMISES 45- L6U19M S MED[XP(my one f!sc„ $ PERSQ L A AOV INJURY $ GEr:L AGGREGATE LIMB APPLIES PER GENERAL AGGREGATE POLICY E]PERO' PFQMI S-COV FYQe AGO S OTHER $ COMBINED SINGLE LIMIT $ AUTOMOBILE LMSIUTY (t ecdderc) BODILY INJJRYIPW Devon) $ ANY AUTO OVNED SCHEOLREO OOINLYINJURY(Pxe¢:EUM) $ AUTOS ONLY AUT ., HIRED NON OWNED PROPERTY DAMAGE $ A TOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCLUR EACHOCCURRENCE S EXCESS III RE ICLAMISA'ADE AGGREGATE $ nEGIJ TEHTICN$ $ A =KERSCOMPENSATION I NIA X UB-4NO78251-20 091OV2020 OB/OV2021 X S AT .E FR" ND EMPLOYERS'LIABRRY Ym ANY PROaFISETOUPIRI NEREXECUTIVE rI E.L.EACH ACCIOENT $1 Coo,00U OFFICERIMEMSER EXCLUDED> I E.L.DISEASE-EA EMPLOYEE $1000,000 (MYYM,tlelOy If.NH) CESLWPiION OF OPENATIONS bdon B1_DISEASE-POLICY LIMIT $1.000.000 OEBLRIPiNW OF OPERATIONY 1 LOCAiIONB I VEHILLEB(AGGRO tel,Ar1041om1 RlTftlf 6tlnJ,Xf,rtuY a fl4cluE II man fpKA If n9uV Wl AS RESPECTS TO WORKERS COMPENSATION COVERAGE.WC 99 03 76(A)WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CAUFORNIA HAS SEEN ATTACHED TO THE POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH, CA 92648 ACCOROANCE WITH THE POLICY PROVISIONS. AUTHORREDREPRESENTATNE ©1988-2015 ACORD CORPORATION,All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD i i l POLICY NUMBER: 72SBARB1355 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -..OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE- PART. SCHEDULE Name of Person.or Organization: The Cit its Placers, elected or appointed officials, employees. agents, and volunteers are to be covered as additional1nsureds by separate attached endorsemeni(s) as respects liability.arising out of action performed by or on behalf of the cohtractor, Products and completed operations of the contractor, premises owned,.occupied or used by the contractor, or automobiles owned. leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. (if no entry appears above,in formation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you.: . PRIMARY INSURANCE: Such insurance as is afforded by the General Liability policy is primary insurance and no c(her insurance of the additional insured shall be called upon to contribute to a loss CG 20 10 11 85 Copyright, Insurance Services Office, Inc. , 1984 Page 1 of 1 ❑ POLICY NUMBER: 72SBARB1355 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following:" j BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respecl to coverage provided by this endorsement, the provisions of the Coverage Form apply finless modified by,this.endorsement- This endorsement identifies persons)or organization(s)who are"insureds" under the Who Is Aninsured Provision of the Coverage Form jItis endorsement does not alter coverage provided tnthe Coverage . Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 9/1 812 0 2 0 Named Insured: DAKOTA COMMUNICATIONS, LLC Authorized Representative). ,. SCHEDULE Name of Person(s)or Organization(s): The City, its officers, elected or appointed officials,employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor,premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of ,. protection afforded to the City. T. (If no entry appears above, information required to complete this endorsement will be shown in the . Declarations as applicable to the endorsement.) Each person or organization shown in the.Schedule is an'Insured"for Liability Coverage;"but:only to the .extent that person or organization qualifies as an."insured" under the Who.is An Insured Provision. contained ih Sectlpn Il of.the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 PROFESSIONAL AND SERVICES SERVICE: Public Affairs Specialist SERVICE DESCRIPTION: The specialist will develop content for the City's media platforms, which may include print, website, social media, and community cable television. The specialist will use multi-media to build a unique brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. VENDOR: FSB/Badfish Media OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Public Works Specialist 2. P10 3. Pl0/Assistant to the City Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VENDOR Ni.— iMi'nimumLQual�catioris _,Rt eev e Total Weighted Maximum Criteria Score Score Compliance with RFP 120 Technical Approach 375 Qualifications 350 Clarity 140 Local Vendor Preference Cost 275 References and Background 65 1325 r�r�� Total �, �''=r�' . ,. »s": • ..�. II. DUE DILIGENCE REVIEW Interview Ranking: 2 of 3 VENDOR N ME u"mma_ry of Review W • Proven team that can handle unique projects and offers high quality visuals and copy that we need to supplement the team's abilities. VENDORINAMEPrici g�• • Pricing is competitive with most other vendors. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, C_4 92648 (714) 536-5227 ♦ Ar%vw-.huntingtonbeachca.gov Office of the Citv Clerk Robin Estanislau, City Clerk December 30, 2020 Dakota Communications Brandon Powers 800 Wilshire Blvd., Suite 410 Los Angeles, CA 90017 Dear Mr. Powers: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Dakota Communications for On-Call Public Affairs Specialists to Support the Public Information Office" approved by the Huntington Beach City Council on November 16, 2020. Sincerely, Ro in Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan Waitakere, New Zealand 1 A&SoAf f H2D y-NO City of Huntington Beach File #: 20-2027 MEETING DATE: 11/16/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve and authorize the Mayor and City Clerk to execute Professional Service Contracts with Dakota Communications and Barrios & Associates, LLC, for On-Call Public Affairs Services Statement of Issue: The City recently completed an RFQ process to retain the services of on-call public affairs services. Based on the results of the assessment, staff is requesting authorization to execute two on-call professional service contracts with Dakota Communications and Barrios & Associates, LLC. The specialists may provide various services, such as developing content for the City's media platforms, including print, website, social media, and community cable television channels, along with other projects as needed. The term for each contract is one year, with an option to renew annually for two successive years. Financial Impact: There is no additional financial appropriation requested at this time. If the on-call contracts are approved, services would be engaged on an as-needed basis, subject to annual City Council budget appropriation authority. Any work performed will be funded through both the General Fund and the Surf City "3" Cable Channel Fund. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Dakota Communications"; and B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contrac Between the City of Huntington Beach and Barrios & Associates LLC." * &A�� ,�Gt� m Alternative Action(s)- Do not approve the recommended action and direct staff accordingly. Analysis: Staff is seeking approval of on-call contracts with two public affairs specialist firms, Dakota City of Huntington Beach Page 1 of 2 Printed on 11/12/2020 powereW Legistar"s File #: 20-2027 MEETING DATE: 11/16/2020 Communications and Barrios & Associates, to provide community outreach and public affairs services. These services would be provided on an "as-needed" basis to supplement the City's efforts to distribute information to residents and the media, generate multimedia content, and assist with various special outreach projects. Staff issued a Request for Qualifications and received responses from 15 firms. Following an in- depth evaluation, staff interviewed the top three firms and identified Barrios and FSB Public Affairs as most qualified. Of note, since the assessment process was completed, the team from FSB Public Affairs that submitted the response to the RFQ left that firm to join a different public affairs company known as Dakota Communications. The same team has affirmed that their proposal and technical capacities will remain intact at Dakota Communications, and that they will be able to provide the City with the same quality of work that was guaranteed in their prior RFQ response. The Dakota Communications team has also offered to lower their rates by 15 percent when compared with the initial proposal response. Of note, staff has worked closely with the team in the past, and believe that they have the capacity to complete the scope of work through Dakota Communications, which is an established public affairs firm that has been in operation for over 23 years. Both Barrios and Dakota are uniquely qualified to provide services to the City, due to their extensive resources, staffing, and experience working with other agencies and corporations. As such, staff recommends awarding on-call contracts to both firms. Pursuant to the proposed agreements, work will only be performed on an as-needed basis. The term of the agreements is for one year, with the option to renew annually for two successive years. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Dakota Communications for On-Call Public Affairs Services 2. Professional Services Contract Between the City of Huntington Beach and Barrios & Associates, LLC, for On-Call Public Affairs Services City of Huntington Beach Page 2 of 2 Printed on 11/12/2020 powered LegistarT°° PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAKOTA COMMUNICATIONS FOR ON-CALL PUBLIC AFFAIRS SPECIALISTS TO SUPPORT THE PUBLIC INFORMATION OFFICE 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 Dakota Communications,hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to support the Public Information Office by providing public affairs specialist; 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. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20-9€00/23 8416 1of11 144 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on November 16 , 20 20 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year (1) 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 Fifty Thousand Dollars (P 50,000). 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 20-9100/238416 2of11 145 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. 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 20-9100/238416 3of11 146 CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason,CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 20-9100/238416 4of11 147 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, social security, state disability insurance compensation, unemployment compensation and other 20-9100/238416 5 of 11 148 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 20-9100/238416 6ofll 149 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 Dakota Communications ATTN: Catherine Jun Brandon Powers 2000 Main Street 800 Wilshire Blvd., Suite 410 Huntington Beach, CA 92648 Los Angeles, CA 90017 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. 20-9100/238416 7of11 150 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 20-9100/238416 8ofIt 151 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. 20-9100123841 b 9of11 152 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. 20-9100l23841.6 1QofIi 153 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 Dakota Communications corporation of the State of California By: BRANDON POWERS Mayor print name ITS: (circle one)Chairman/President/Vice President AND City Clerk INITIATED AND APPROVED: By: print name City Manager ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer APPROVED AS TO FORM: City Attorney C O Uld TERPART 20-9 1 00/23 84 1 6 11 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 Dakota Communications corporation of the State of California By: a r print name ITS: (circle one)Chairman/President/Vice President AND City Clerk IN TED AN fAPPROVED: print name City Manager ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer APPROVED AS TO FORM: G't City Attorney COUNTERPART 20-9 1 00/23 84 1 6 11 of 11 154 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop content for the City's media platforms, which may include print, website, social media, and community cable television. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Develop content for the City's media platform, which may include print, website, social media, and community cable television. The specialist will use multi-media to build a unique brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to assist in faciliatting any data collection and interviews the CONSULTANT needs to conduct and complete the aforementioned scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 155 EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B. B. Travel Charges for time during travel are not reimbursable. C. Billing 1, All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services.performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY, Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B 156 into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B 157 DAK'OTA public affairs-public relations-marketing November 11, 2020 strategic communications-crisis management Attn: City Managers Office City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 Dear City Managers Office, I have thoroughly enjoyed the work we have been able to do throughout the year. While that background led to initially bidding for continued work with the City of Huntington Beach through FSB Public Affairs, I have subsequently left my position with that firm and thus cannot perform the work initially described through FSB. However, I hope that change doesn't prevent further work opportunities with the city. This letter is to assert that, upon the city's approval, we would be able to perform the same work through Dakota Communications, a leading Southern California public affairs firm. Attached you will find a brief restatement of qualifications, as well as a new rate sheet, showing some savings compared to our prior bid. I hope this will allow us to continue our mutually beneficial relationship into the future. Respectfully, Brandon Powers W .h o We . Are Dakota Communications is a Los Angeles-based, minority-owned marketing, public relations and public affairs consulting firm with expertise in the areas of public communications, media relations, strategic planning, political guidance, and community relations. Created in 1997, Dakota Communications is dedicated to the task of educating and shaping policies and programs to meet its clients' objectives as well as developing strategies to effectively communicate them. Dakota Communications has extensive experience building community support for public policy initiatives and programs advanced by corporate, business, political, governmental, non-profit and community-based organizations. Our Story Dakota Communications is defined by the far-reaching experience of its partners, Kerman Maddox and Rick Taylor. With more than 60 combined years of experience in public affairs management, Maddox and Taylor have established extensive networks and gained keen insight in working with elected officials, governmental agencies, opinion leaders, public interest groups, and members of the print and electronic media. Our understanding and appreciation of public diversity, along with our ability to accurately assess a situation and pinpoint problems, enables us to work together with clients toward achieving their goals. A diverse staff allows Dakota Communications to provide clients with a unique perspective and strong expertise in developing a variety of communications programs for the multi-faceted communities of California and beyond. Our Team BRANDON POWERS - PROJECT LEAD Brandon Powers is a well-recognized expert in public affairs and communication strategies with a specialty in coastal Orange County programs. For more than 15 years, Mr. Powers has helped shape and drive the outcome of hundreds of public affairs campaigns throughout Southern California and especially in Orange County. His track record speaks for itself, with clients achieving their desired successful outcome over 85%of the time when Brandon is engaged. An experienced strategist and writer, Powers is a 15-time recipient of the American Association of Political Consultants'annual Pollie Awards and years ago was named a Rising Star by Campaigns and Brandon Powers Elections Magazine. His writing has appeared in the Orange County Register, LA Times, Riverside Project Lead Press Enterprise,and Sacramento Bee. A longtime Orange County coastal resident, Mr. Powers briefly lived in Sacramento while serving as 18 years of Experience Chief of Staff to a Member of the California State Assembly, where he managed all aspects of the office's policy and communications operations. Now in Seal Beach, he enjoys spending his time surfing,fishing,and helping clients achieve their goals. ED CHEN DAISY TONG-PHUOC _y CHINESE LANGUAGE OUTREACH VIETNAMESE LANGUAGE OUTREACH ■ Asian/Pacific Islander Community I Orange County Communications Outreach/Communications Consultant Consultant ■ LA County Reserve Deputy Sheriff Former Aide to Assemblyman Van Tran ■ Former Aide to State Senators Huff and Margett CARLOS MADRILES CREATIVE DIRECTOR/GRAPHICS/WEB DESIGN/VIDEO DIRECTOR With over 14 years of experience,Carlos brings a diverse business and communications background and over 14 years in marketing and design experience. Using his proficiency in graphic design,video production,web design work,3D space layouts,and event production, Carlos implements his experience in marketing and branding principles to deliver effective collateral pieces across several different mediums. ABIS AKOLAWALA PROFESSIONAL VIDEOGRAPHER/POST PRODUCTION EDITOR Professional videographer, editor&photographer with 10 years of experience.Abis' passion for content creation is all about making brands stand out from the rest by capturing high quality content and consistently delivering a polished product.Abis' has a long history of working with clients from several industries including entertainment, corporate,fashion&live events. OANA SWEENEY PROFESSIONAL EVENT&PORTRAIT PHOTOGRAPHER Cana Sweeney comes from years of experience in a unique and growing industry.After studying photojournalism at CSUF, interning with one of the best photographers in Laguna Beach and working for Canon, she now spends her time as a full-time photographer based in Orange County. Published in top magazines, blogs and books, her experience and passion for photography is guaranteed to bring out the best from any subject or event. 160 I Category Project Rate STRATEGIC COMMS Monthly Management $6,375 Press Releases/Written Material $160/hr Video- B-Roll $95/hr Video-Small $2,550 (Single Day,Single Camera,Single Mic,Simple Post Production,2-3 minute—PSA/Mayor Update) Video- Medium $5,550 (Single Day,Multiple Camera/Mics,Advanced Post Production,4-8 min) Video-Large $8,600 (Multiple Day,Multiple Camera/Mics,Shortform Storyboarding,Script Dev—Visit HB Commercial) Video-Extra Large Ask for Quote (Scheduled Shoots,Multiple Camera/Gear, Longform Storyboarding,Script Dev)—Visit HB Commercial) Documentation Photography $125/hr (Staffed Photographer) Professional Photography $225/hr (Professional Photographer w/professionally retouched photos) Graphic Design-Sr Designer $125 Graphic Design-Secondary Designer $100 Graphic Design- Design Support $85 HB3 TV *Monthly Management $25,500 (Includes:4xSmall Productions+Either 3xMedium or 2xLarge Productions per month...Extra Productions billed at above rate) *Amount is subject to finalized scope and approved content creation and management. WEBSITE DEVELOPMENT Small $4,750 (Simple landing page,few pages/sections,Hosting,SSL certificate,SEO) Medium $9,500 (Multiple pages/sections,Advanced features&coding, Hosting,SSL certificate,SEO) Large $16,000 (Multiple pages/sections,Advanced features&coding,advanced graphics,videos,payment processing, advanced forms,Hosting,SSL certificate,SEO) Enterprise $2,225/mo (Manage outsourced custom website developer/platform) NEW CITY NEWSLETTER Initial Construct/Setup $3,250 Hourly Graphics $100 Hourly Content Development/Writing $125 ON-CALL SERVICES Media Training $225 Style Guide Updating $225 Media Analysis $225 Crisis Communications $225 161 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMMUNICATIONS LAB FOR ON-CALL VIDEO PRODUCTION SERVICES Table of Contents iScope 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,....................................................................I......................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.................................................................................I....................I...10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I 162 RLJ ® DATE(AIMIDDIYYYY) AC o CERTIFICATE OF LIABILITY INSURANCE 12116120 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 poticy(les) 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 lleu'of such endorsement(s). PRODUCER CONTACT . NAME: Galen Harvey RFP INSURANCE AGENCY;INC. PHONE )• 310 fi42-1933 FAAtc a 310 645-3150 5601 W Slauson Ave#250 ADDRESS; harve rf Insures.com Culver City, CA 90230 INSURERS AFFORDING COVERAGE NAIC.N INSURERA: Hartford'Casualt Insurance Cc '29424 INSURED. .INSURER B: Philadel h a indemnity Ins Co. 18658 DAKOTA COMMUNICATIONS, LLC INSURER C 800 WILSHIRE BLVD.,SUITE 410 INSURERD: Los Angeles,CA 90017 INSURER E: CA 90017 1 INSURE 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 HEREINAS SUBJECT TO'ALL THE TERMS, EXCLUSIONS AND CONDITIONS_OF,SUCH POLICIES.LIMITS SHOWN.MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE AODL SUBR pOLICY NUMBER MM%DpY EFF MM DPOLID EXP LIMITS LTR X COMMERCIAL GENERAL UABIDTY FACH.O¢CURRENCE. $ 2 00.0 000. DAMAGE RENTED, CLAIMS•MADE OCCUR PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 10,000 A Y 72SBARB1355 09/18/20 09/18/21 PERSONAL&ADV INJURY $ EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO JECT LOG PRODUCTS-COMPIOP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED cck1cntJSINGLE LIMIT $ 2. 00,000 ANY AUTO BODILY INJURY(Per person) $ - A AOWNE UTOS ONLY AUTOSULED Y 72SBARB1355 09/18/20 09118/21 BODILY INJURY(Per accident) $ X HIRED NON-OWNED PR Peaacc dent AMAGE $ AUTOS ONLY AUTOS ONLY Ix X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3 000 000 .A EXCESSLIAB CLAIMS-MADE Y 72SBARB1355 .09118/2fl 09118/21 AGGREGATE $ .3 000'a0a• DED X RETENTION$ 10,000 $ WORKERS COMPENSATION ' AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARYNERIEXECUTIVE Y"It" N E.L.EACH ACCIDENT $ ' OFFICERIMEMBER.EXCLUDED? u N!A. - - . (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim $1,000,000 B Professional Liability! pHSD1558970 08/26/20 08I26/21 Aggregate:: $3,000,000 Personal&Adv Injury DEDUCTIBLE:- $2,600 DESCRIPTION-OF OPERATIONS I LOCATIONS I VEHICLES(ACORD t01,Additional Remarks Schedule,may be attached If more space Is required) Insurer A.Properly Policy No.72SBAR81355 Eff:W1812020.911 812 0 21 Contents The City,Its officers,elected or appointed officials,employees,agents,and volunteers are to be covered as additional Insureds by separate altactled.endorsemant(s)as respects [[ability arising out of action,periermed by or on.behalf of the contractor,products an(1 completed operations of the contracter,•premises owned,occupied oor i d by the.contractor,-or automobile*.owned,)eased or.borrowed by thecontractor,The coverage Shall contain no special limitations on the scope of prote�loft[� �l ta•lh��i€y. IttiM'I �E,GPCfES CERTIFICATE HOLDER CANCI LLATI6N 1TY ATfORNEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE, of Huntington Beach THE EXPIRATION DATE' THEREOF, NOTICE,WILL BE DELIVERED IN City City [fluMain Street ACCORDANCE WITH THE POLICY PROVISIONS. I Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ©1986.2015 ACORD COR TrMATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 DATE ACOR�7® CERTIFICATE OF LIABILITY INSURANCE 12116/2020YYY) 12/16l2020 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, I 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 CONT NAMACT ; I AUTOMATIC DATA PROCESSING INSURANCE AGCY INC aC No.Exl: 877 677.0428 FAX No: 877 677-0430 1 ADP BLVD MS 625 E-MAIL ROSELAND,NJ G7068 ADDRESS:spebicadp2travaters.com (877)677-0428 INSURER(S)AFFORDING COVERAGE NAIC 4 INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED INSURER B: DAKOTA COMMUNICATIONS 800 WILSHIRE BLVD INSURERC: STE 410 114SURER D: 1 LOS ANGELES,CA 90017 INSURERS: i INSURER F: COVERAGES CERTIFICATE NUMBER: 001413629441153 REVISION NUMBER: THIS 15 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, MSR ADD SUSR U POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD W pOLK Y NNBER VD MMJDD/YYY MMIDDlYYYY LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR REMISES Ea occurrence $ MED EXP Any one arson $ PERSONAL BADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑JECOT- F-1LOC PRODUCTS-COMELOP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Fa accident) BODILY INJURY(Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE M $ DEO RETENTION$ $ WORKERS COMPENSATION NIA X UB-4N078251-20 09/01/2020 09/01/2021 X I sTATIJTE E p1 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes,describe under E.L DISEASE.POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD iOl,Additional Remarks Schedule,may be attached If more space Is required) AS RESPECTS TO WORKERS COMPENSATION COVERAGE,WC 99 03 76(A)WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA HAS BEEN ATTACHED TO THE POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 MAIN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HUNTINGTON BEACH,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE „q � ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72SBARB1355 COMMERCIAL GENERAL LIABILITY CG 20 10 1185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDiT10NAL INSURED -:OWNERS, LESSEES OR j CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL_GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person,or Organization: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached*endorsement(s)as respects liability.arising out of Action.' performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned,.occupied or used by the contractor, or automobiles owned;-leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section ll)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arsind out of"your work"for that insured by or for you. PRIMARY INSURANCE: Such insurance as is afforded by the General Liability policy is primary insurance and no other insurance of the additional insured shall be called upon to contribute to a loss CG 20 10 1185 Copyright, Insurance Services Office, Inc. , 1984 Page 1 of 1 ❑ i POLICY NUMBER: 72SBARB1355 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this.endorsement. This endorsement identifies person(s)or organization(s)who are insureds. under the Who,is.An.lnsured Provision of the Coverage Form.:-this endorsement does not alter coverage provided in the.Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By.: 9/18/2020 Named insured: DAKOTA COMMUNICATIONS, LLC Authorized Representative). . SCHEDULE Narne-of.Persons)oe Organization(s): The City, its officer's, elected or appointed officials;employees, agents, and volunteers are to be' covered as additional-insureds by separate attached endorsement(s)as respects liability arising out of action performed by or on behalf.of the contractor, products and completed operations of the contractor,.premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afford.ed.to the City. (If no entry appears,above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each.person ororganization shown in the.Schedule is an".insured"for Liability Coverage, but only,to the - extent that person or organization qualifies as'an"insured" under the Who-Is An;Insured Provision: contained in Section II-of.the Coverage Form: CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 PROFESSIONAL AND SERVICES SERVICE: Public Affairs Specialist SERVICE DESCRIPTION: The specialist will develop content for the City's media platforms, which may include print, website, social media, and community cable television. The specialist will use multi-media to build a unique brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. VENDOR: FSB/Badfish Media OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Public Works Specialist 2. PIO 3. PIO/Assistant to the City Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VENI� F� IME�-' Ir��rr�� Qaala�t�or�s Total Weighted Maximum Criteria Score Score Compliance with RFP 120 Technical Approach 375 Qualifications 350 Clarity 140 Local Vendor Preference Cost 275 References and Background 65 Total II. DUE DILIGENCE REVIEW • Interview Ranking: 2 of 3 1/EN C►GRN�IM€ trnts��� �et+�€j,�,{, ,j;;�� • Proven team that can handle unique projects and offers high quality visuals and copy that we need to supplement the team's abilities. 1/EtM ( IAM �1111g, GI • Pricing is competitive with most other vendors. - - - - _.. -- - - - -- ---- - - --- _... ------- - -------- ------ - - City of Huntington Beach - ` " 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov aEe.,�r1999i.PQ. \ Office of the City Clerk Robin Estanislau, City Clerk December 30, 2020 Dakota Communications Brandon Powers 800 Wilshire Blvd., Suite 410 Los Angeles, CA 90017 Dear Mr. Powers: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Dakota Communications for On-Call Public Affairs Specialists to Support the Public Information Office" approved by the Huntington Beach City Council on November 16, 2020. Sincerely, Ro in Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand