HomeMy WebLinkAbout16 - 05BA-049 - 2006 Centennial CelebrationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
March 8, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director
644 -3157 — mknight @city.newport- beach.ca.us
SUBJECT: Professional Service Agreement for Coordination Services for the 2006
Centennial Celebration and Budget Amendment for 2006 Centennial
Celebration related activities.
RECOMMENDATION
1. That the City Council approve the attached Professional Service Agreement (PSA) with
Dinwiddie Events in the amount of $125,000 to provide coordination services for the 2006
Centennial Celebration.
2. That the City Council approve a budget amendment for funding Centennial related events
and activities.
In FY 2004/05:
• Increase expenditure account 0129 -8250 City Centennial Account $175,700
In FY 2005/06:
• Increase expenditure account 0129 -8250 —City Centennial Account $350,000
• Increase revenue account 0129 -5901 — Centennial Donations $528,900
BACKGROUND
At the January 27, 2004 meeting, the Council established an ad hoc committee to facilitate the
planning of activities and events in commemoration of the City's 100 year anniversary. The
Committee has been meeting regularly and has begun the recruitment of volunteers to assist
with the many activities and events. Attached is an overview of the Centennial that outlines
some of the activities and events that the Steering Committee along with many community
volunteers is working on.
DISCUSSION
Centennial Coordination Services
As the planning of the events and activities began, it became clear to the Steering Committee
that additional staff resources would be needed to assist with the coordination of the Centennial.
The Centennial Steering Committee directed staff to issue a Request for Proposal regarding
contract services related to the Centennial. The scope of work asks for services in a project
management capacity to include Administrative functions; assistance with Sponsorship
Development, Fundraising, Marketing and PR, and Event Management and overall coordination
between the various subcommittees. After reviewing the proposals submitted, the Steering
Committee is recommending that the Council approve the attached Professional Service
Agreement (PSA) with Dinwiddie Events in the amount of $125,000 (Attachment A). This
contract will cover a 22 month period of services extending through the end of the 2006
Centennial year.
Professional Service Agreement for Coordination Services for the 2006 Centennial Celebration
and Budget Amendment for 2006 Centennial Celebration related activities
March 8, 2005
Page 2
Proposed Centennial Events
The Steering Committee has been meeting since May of 2005 to plan and organize events and
activities to celebrate the City's Centennial. The Committee has planned that the official kick -off
of the Centennial celebrations will be a Family Picnic in October of 2005 and the celebrations
will end in October of 2006. Attachment B is an overview that outlines those major events that
will be conducted during the celebration year. There are currently 10 sub - committees that have
formed with community volunteers working on areas such as marketing, event planning,
business development opportunities, volunteer coordination and commemorative activities. The
Centennial website www.newl)ortbeach100.com is up and running and anyone interested in
helping with the Centennial activities can go to the site and sign up under their area of interest.
Centennial Budget
Currently, the City Council has allocated $10,000 towards the Centennial celebrations. In
addition, the Council has allocated $114,337 in seed money towards the publishing of a
commemorative book with the understanding that the City will be reimbursed those funds from
the revenue from book sales.
It is the intent of the Steering Committee to raise the funds necessary to offset the total costs
associated with these events through corporate sponsorships and community fundraising
efforts. However, there are some costs associated with the Centennial that may be difficult to
raise funds for, such as the above mentioned contracted services with Dinwiddie Events,
restoration of old photos, historic displays and markers, and some of the marketing activities. In
addition, although the Committee intends to raise all the funds necessary for the celebrations,
there is the possibility that they will not fully achieve that goal. Attachment C is an estimated
budget for the Centennial. At this time, as many of the events and activities are still in the
planning stages, the numbers for both expenses and revenue are in most cases the Steering
Committees best estimate. As the Centennial celebrations from the planning through post
celebration evaluations will span three budget cycles, Attachment C also breaks down the
estimated expenses and estimated revenue for each budget year.
RECOMMENDATION
Based on this estimated budget the Steering Committee is requesting that the City Council
approve a budget amendment for the current 2004/05 fiscal year in the amount of $175,700 and
appropriate $350,000 in the 2005 -06 budget to cover the cost of the PSA and Centennial related
expenses. It is intended that these expenditures will be offset by an estimated $528,900 in
contributions and donations that the Steering Committee will raise in FY 2005 -06.
Prepared
Marie Kni7ts..:, Pecreation ZI nior rvices Direct(
Attachme A. Prof essi Service Agreement
B. Centennial Overview
C. Centennial Estimated Budget
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT WITH
DINWIDDIE EVENTS
FOR CENTENNIAL COORDINATION
THIS AGREEMENT is made and entered into as of this day of 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "Cit)"), and DINWIDDIE
EVENTS a corporation whose address is 1048 Irvine Ave, #439, Newport Beach, California, 92660
( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the statutes
of the State of California and the Charter of City.
B. City is planning to conduct a series of events and activities in commemoration of its Centennial
anniversary.
C. City has established the City Centennial 2006 Committee ( "Centennial Committee ") to guide City
staff in the Centennial event planning, and to ensure that the Centennial events and celebrations
are created and supported by the community.
D. The Centennial Committee is responsible for making recommendations to the City Council on
the allocation of Centennial budget funds, as well as recommending the type of materials to be
produced and events to be held in conjunction with the Centennial celebrations.
E. City desires to engage Consultant to serve as Project Manager for the Centennial.
F. Consultant possesses the skill, experience, ability, background, certification and knowledge to
provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project, shall be Janis Dinwidddie.
H. City has solicited and received a proposal from Consultant (Exhibit A), has reviewed the previous
experience and evaluated the expertise of Consultant, and desires to retain Consultant to render
professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall terminate on
the 31 st day of January, 2007, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services attached
hereto as Exhibit B and incorporated herein by reference. The City may elect to delete certain
tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the services
shall be performed to completion in a diligent and timely manner. The failure by Consultant to
perform the services in a diligent and timely manner may result in termination of this
Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes
beyond Consultant's reasonable control. However, in the case of any such delay in the
services to be provided for the Project, each party hereby agrees to provide notice to the other
party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance in writing to
the Project Administrator not later than ten (10) calendar days after the start of the
condition that purportedly causes a delay. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most
expedient and appropriate manner under the circumstances, by either telephone, email,
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Estimated Expense Budget attached
hereto as Exhibit C and incorporated herein by reference. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable items and sub -
consultant fees, shall not exceed One hundred twenty-five thousand dollars and no /100
($125,000) without additional authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall be paid a deposit in the amount of $18,762 (15% of total compensation)
upon execution of this agreement. Consultant shall submit monthly invoices to City
describing the work performed the preceding month. Consultant's bills shall include the
name of the person who performed the work, a brief description of the services performed
and /or the specific task in the Scope of Services to which it relates, the date the services
were performed, the number of hours spent on all work, and a description of any
reimbursable expenditures. City shall pay Consultant a monthly fee of $4,829 no later
than thirty (30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in
this Agreement, or specifically approved in advance by City. Unless otherwise approved,
such costs shall be limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of sub - consultants for performance of any of the services that
Consultant agrees to render pursuant to this Agreement, which have been approved
in advance by City and awarded in accordance with this Agreement.
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B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in advance
in writing and incurred by Consultant in the performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed without the prior
written authorization of City. As used herein, "Extra Work" means any work that is
determined by City to be necessary for the proper completion of the Project, but which is
not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the Project.
This Project Manager shall be available to City and designated Centennial Committee
representative at all reasonable times during the Agreement term. Consultant has designated
JANIS DINWIDDIE to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit D or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its personnel
assigned to the performance of services upon written request of City. Consultant warrants that
it will continuously furnish the necessary personnel to complete the Project on a timely basis as
contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Project Administrator Marie Knight, Recreation &
Senior Services Director who shall have the authority to act for the City under this Agreement
and to implement those recommendations of the Centennial Committee that apply to the scope
of this Agreement. The Project Administrator or her authorized representative shall represent
City and Centennial Committee in all matters pertaining to the services to be rendered
pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this Agreement, City
agrees to, where applicable:
7.1 Provide access to, and upon request of Consultant, one copy of all existing relevant
information on file at City. City will provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
7.2 Provide copies of Centennial Committee recommendations pertaining to the services to
be rendered pursuant to this agreement
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel required
to perform the services required by this Agreement, and that it will perform all services in
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a manner commensurate with community professional standards. All services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications, insurance and approvals of whatsoever nature that are legally required of
Consultant to practice its profession. Consultant further represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times
during the term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession. Consultant
shall maintain a City of Newport Beach business license during the term of this
Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for
damages or be in default or deemed to be in default by reason of strikes, lockouts,
accidents, or acts of God, or the failure of City to furnish timely information or to approve
or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its City Council, Boards, Commissions, and Committees, officers, agents and employees
(collectively, the "Indemnified Parties ") from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise
from or in any manner relate (directly or indirectly) to any work performed or services provided
under this Agreement (including, without limitation, defects in workmanship or materials and /or
design defects [if the design originated with Consultant]) or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to
indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful
misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant
is not an agent or employee of City. The manner and means of conducting the work are under
the control of Consultant, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control over the
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means of performing the work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance or to exercise a measure of control over
Consultant shall mean only that Consultant shall follow the desires of City with respect to the
results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and the Centennial Committee and any other agencies that may have jurisdiction
or interest in the work to be performed. City agrees to cooperate with the Consultant on the
Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized
designee informed on a regular basis regarding the status and progress of the Project,
activities performed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of work,
Consultant shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
14.1 Certificates of Insurance. Consultant shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Agreement.
14.2 Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in
the State of California, with an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide, unless otherwise approved by the City's Risk Manager.
14.4 Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California for all of the subcontractor's employees. Any notice of
cancellation or non - renewal of all Workers' Compensation policies must be received
by City at least thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Consultant arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than four hundred thousand ($400,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain
professional errors and omissions insurance, which covers the services to be
performed in connection with this Agreement in the minimum amount of one million
dollars ($1,000,000).
14.5 Endorsements. Each general liability and automobile liability insurance policy shall be
endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insured with respect to liability arising out
of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or
appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Consultant's
operations or services provided to City. Any insurance maintained by City, including
any self- insured retention City may have, shall be considered excess insurance only
and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed
officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits, by either party except after thirty (30) calendar days
(10 calendar days written notice of non - payment of premium) written notice has
been received by City.
14.6 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim
made or suit instituted arising out of or resulting from Consultant's performance under this
Agreement.
14.7 Additional Insurance. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided under this
Agreement shall not be assigned, transferred contracted or subcontracted out without the prior
written approval of City. Any of the following shall be construed as an assignment: The sale,
assignment, transfer or other disposition of any of the issued and outstanding capital stock of
Consultant, or of the interest of any general partner or joint venture or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall
result in changing the control of Consultant. Control means fifty percent (50 %) or more of the
voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that sub - consultants may be used to complete the work outlined in
the Scope of Services. The sub - consultants authorized by City to perform work on this Project
are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions
of the subcontractor. Nothing in this Agreement shall create any contractual relationship
between City and subcontractor nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. Except as specifically authorized herein, the services to be provided under this
Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
17. OWNERSHIP OF WORK PRODUCT
Each and every report, draft, map, record, plan, revision, work of authorship, design, artwork,
graphic, logotype, document and other writing, either tangible or digital format, produced or
caused to be produced by the Consultant in the course of implementing this Agreement, shall
become the exclusive property of the City, and City shall have the sole right to use such
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material at its discretion without further compensation to Consultant or any other party. The
provisions of this paragraph shall apply whether or not such Work Product is eligible for patent,
copyright, trademark, trade secret, assertion of moral rights, or other legal protection.
Consultant shall, at Consultant's expense, provide such documents to City upon prior written
request.
19. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes and communications that
result from the services in this Agreement, shall be kept confidential unless City authorizes in
writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
20.1.Consultant warrants that all Work Product and other work prepared in the course of
implementing this Agreement is original with Consultant and is not known by Consultant
to be the work or intellectual property of any third party. In addition, Consultant represents
and warrants that the use of such Work Product shall not, to the Consultant's knowledge,
violate or infringe the rights of any person or third party, including any subcontractors or
independent contractors Consultant may retain in the course of implementing this
Agreement.
20.2 Consultant shall defend, indemnify and hold City, its agents, officers, representatives,
employees and City Council, boards, Commissions and Committees harmless from any
proceedings brought against City for any violation of legally protected rights of any third
parties with respect to the Work Product produced in the course of implementing this
Agreement, including but not limited to U.S. Patents, trademarks and copyrights issued
as of the effective date of this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures and disbursements
charged to City, for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records and invoices during regular business
hours. Consultant shall allow inspection of all work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final payment
to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a result
of such withholding. Consultant shall have an immediate right to appeal to the City Manager or
his /her designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its investments during
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the time period, from the date of withholding of any amounts found to have been improperly
withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience
of Consultant which result in expense to City greater than what would have resulted if there
were not errors or omissions in the work accomplished by Consultant, the additional design,
construction and /or restoration expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California Political
Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial
interest that may foreseeably be materially affected by the work performed under this
Agreement; and (2) prohibits such persons from making, or participating in making, decisions
that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for immediate termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for damages
resulting from Consultant's violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, to City by Consultant and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Consultant to City shall be addressed to City at:
Marie Knight, Director
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3157
Fax: 949 -644 -3155
All notices, demands, requests or approvals from CITY to Consultant shall be addressed to
Consultant at:
Janis Dinwiddie
Dinwiddie Events
1048 Irvine Ave, #439
Newport Beach, CA 92660 -4602
Phone: 949 -548 -2411
Fax: 949 -548 -2422
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Agreement
at the time and in the manner required, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of two (2) calendar
days, or if more than two (2) calendar days are reasonably required to cure the default and the
defaulting party fails to give adequate assurance of due performance within two (2) calendar
days after receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written
notice to Consultant. In the event of termination under this Section, City shall pay Consultant
for services satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations
and requirements of all governmental entities, including federal, state, county or municipal,
whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall
conform to applicable City, county, state and federal laws, rules, regulations and permit
requirements and be subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition contained herein, whether of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall
be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Scope
of Services or any other attachments attached hereto, the terms of this Agreement shall
govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
Consultant and City and approved as to form by the City Attorney.
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34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue
in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and
any action brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
APPROVED AS TO FORM:
By:
City Attorney
City of Newport Beach
ATTEST:
A
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
City of Newport Beach
CONSULTANT:
Janis Dinwiddie
Dinwiddie Events
Attachments: Exhibit A - Consultant Proposal
Exhibit B - Scope of Services
Exhibit C - Estimated Expense Budget
Exhibit D - Consultant Additional Project Personnel List
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PROFESSIONAL SERVICES AGREEMENT WITH
DINWIDDIE EVENTS
FOR CENTENNIAL COORDINATION
THIS AGREEMENT is made and entered into as of this day of , 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and DINWIDDIE
EVENTS a corporation whose address is 1048 Irvine Ave, #439, Newport Beach, California, 92660
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of
California with the power to carry on its business as it is now being conducted under the statutes
of the State of California and the Charter of City.
B. City is planning to conduct a series of events and activities in commemoration of its Centennial
anniversary.
C. City has established the City Centennial 2006 Committee ( "Centennial Committee ") to guide City
staff in the Centennial event planning, and to ensure that the Centennial events and celebrations
are created and supported by the community.
D. The Centennial Committee is responsible for making recommendations to the City Council on
the allocation of Centennial budget funds, as well as recommending the type of materials to be
produced and events to be held in conjunction with the Centennial celebrations.
E. City desires to engage Consultant to serve as Project Manager for the Centennial.
F. Consultant possesses the skill, experience, ability, background, certification and knowledge to
provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project, shall be Janis Dinwidddie.
H. City has solicited and received a proposal from Consultant (Exhibit A), has reviewed the previous
experience and evaluated the expertise of Consultant, and desires to retain Consultant to render
professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall terminate on
the 31 st day of January, 2007, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services attached
hereto as Exhibit B and incorporated herein by reference. The City may elect to delete certain
tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the services
shall be performed to completion in a diligent and timely manner. The failure by Consultant to
perform the services in a diligent and timely manner may result in termination of this
Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes
beyond Consultant's reasonable control. However, in the case of any such delay in the
services to be provided for the Project, each party hereby agrees to provide notice to the other
party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance in writing to
the Project Administrator not later than ten (10) calendar days after the start of the
condition that purportedly causes a delay. The Project Administrator shall review all such
requests and may grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most
expedient and appropriate manner under the circumstances, by either telephone, email,
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Estimated Expense Budget attached
hereto as Exhibit C and incorporated herein by reference. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable items and sub -
consultant fees, shall not exceed One hundred twenty-five thousand dollars and no /100
($125,000) without additional authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall be paid a deposit in the amount of $18,762 (15% of total compensation)
upon execution of this agreement. Consultant shall submit monthly invoices to City
describing the work performed the preceding month. Consultant's bills shall include the
name of the person who performed the work, a brief description of the services performed
and /or the specific task in the Scope of Services to which it relates, the date the services
were performed, the number of hours spent on all work, and a description of any
reimbursable expenditures. City shall pay Consultant a monthly fee of $4,829 no later
than thirty (30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in
this Agreement, or specifically approved in advance by City. Unless otherwise approved,
such costs shall be limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of sub - consultants for performance of any of the services that
Consultant agrees to render pursuant to this Agreement, which have been approved
in advance by City and awarded in accordance with this Agreement.
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B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in advance
in writing and incurred by Consultant in the performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed without the prior
written authorization of City. As used herein, "Extra Work" means any work that is
determined by City to be necessary for the proper completion of the Project, but which is
not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement.
PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the Project.
This Project Manager shall be available to City and designated Centennial Committee
representative at all reasonable times during the Agreement term. Consultant has designated
JANIS DINWIDDIE to be its Project Manager. Consultant shall not remove or reassign the
Project Manager or any personnel listed in Exhibit D or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its personnel
assigned to the performance of services upon written request of City. Consultant warrants that
it will continuously furnish the necessary personnel to complete the Project on a timely basis as
contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Project Administrator Marie Knight, Recreation &
Senior Services Director who shall have the authority to act for the City under this Agreement
and to implement those recommendations of the Centennial Committee that apply to the scope
of this Agreement. The Project Administrator or her authorized representative shall represent
City and Centennial Committee in all matters pertaining to the services to be rendered
pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this Agreement, City
agrees to, where applicable:
7.1 Provide access to, and upon request of Consultant, one copy of all existing relevant
information on file at City. City will provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
7.2 Provide copies of Centennial Committee recommendations pertaining to the services to
be rendered pursuant to this agreement
STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel required
to perform the services required by this Agreement, and that it will perform all services in
a manner commensurate with community professional standards. All services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications, insurance and approvals of whatsoever nature that are legally required of
Consultant to practice its profession. Consultant further represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times
during the term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession. Consultant
shall maintain a City of Newport Beach business license during the term of this
Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for
damages or be in default or deemed to be in default by reason of strikes, lockouts,
accidents, or acts of God, or the failure of City to furnish timely information or to approve
or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its City Council, Boards, Commissions, and Committees, officers, agents and employees
(collectively, the "Indemnified Parties ") from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise
from or in any manner relate (directly or indirectly) to any work performed or services provided
under this Agreement (including, without limitation, defects in workmanship or materials and /or
design defects [if the design originated with Consultant]) or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to
indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful
misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and Consultant
is not an agent or employee of City. The manner and means of conducting the work are under
the control of Consultant, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Consultant or any of Consultant's employees or agents, to be the
agents or employees of City. Consultant shall have the responsibility for and control over the
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means of performing the work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance or to exercise a measure of control over
Consultant shall mean only that Consultant shall follow the desires of City with respect to the
results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and the Centennial Committee and any other agencies that may have jurisdiction
or interest in the work to be performed. City agrees to cooperate with the Consultant on the
Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized
designee informed on a regular basis regarding the status and progress of the Project,
activities performed and planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of work,
Consultant shall obtain, provide and maintain at its own expense during the term of this
Agreement, a policy or policies of liability insurance of the type and amounts described below
and in a form satisfactory to City.
14.1 Certificates of Insurance. Consultant shall provide certificates of insurance with original
endorsements to City as evidence of the insurance coverage required herein. Insurance
certificates must be approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of insurance shall be kept on
file with City's at all times during the term of this Agreement.
14.2 Signature. A person authorized by the insurer to bind coverage on its behalf shall sign
certification of all required policies.
14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in
the State of California, with an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide, unless otherwise approved by the City's Risk Manager.
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14.4 Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California for all of the subcontractor's employees. Any notice of
cancellation or non - renewal of all Workers' Compensation policies must be received
by City at least thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and volunteers for
losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Consultant arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than four hundred thousand ($400,000) combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain
professional errors and omissions insurance, which covers the services to be
performed in connection with this Agreement in the minimum amount of one million
dollars ($1,000,000).
14.5 Endorsements. Each general liability and automobile liability insurance policy shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insured with respect to liability arising out
of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or
appointed officers, officials, employees, agents and volunteers as respects to all
claims, losses, or liability arising directly or indirectly from the Consultant's
operations or services provided to City. Any insurance maintained by City, including
any self- insured retention City may have, shall be considered excess insurance only
and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
C.
iv. The insurer waives all rights of subrogation against City, its elected or appointed
officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its elected or appointed officers, officials, employees,
agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits, by either party except after thirty (30) calendar days
(10 calendar days written notice of non - payment of premium) written notice has
been received by City.
14.6 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim
made or suit instituted arising out of or resulting from Consultant's performance under this
Agreement.
14.7 Additional Insurance. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided under this
Agreement shall not be assigned, transferred contracted or subcontracted out without the prior
written approval of City. Any of the following shall be construed as an assignment: The sale,
assignment, transfer or other disposition of any of the issued and outstanding capital stock of
Consultant, or of the interest of any general partner or joint venture or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall
result in changing the control of Consultant. Control means fifty percent (50 %) or more of the
voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that sub - consultants may be used to complete the work outlined in
the Scope of Services. The sub - consultants authorized by City to perform work on this Project
are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions
of the subcontractor. Nothing in this Agreement shall create any contractual relationship
between City and subcontractor nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. Except as specifically authorized herein, the services to be provided under this
Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
17. OWNERSHIP OF WORK PRODUCT
Each and every report, draft, map, record, plan, revision, work of authorship, design, artwork,
graphic, logotype, document and other writing, either tangible or digital format, produced or
caused to be produced by the Consultant in the course of implementing this Agreement, shall
become the exclusive property of the City, and City shall have the sole right to use such
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material at its discretion without further compensation to Consultant or any other party. The
provisions of this paragraph shall apply whether or not such Work Product is eligible for patent,
copyright, trademark, trade secret, assertion of moral rights, or other legal protection.
Consultant shall, at Consultant's expense, provide such documents to City upon prior written
request.
19. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes and communications that
result from the services in this Agreement, shall be kept confidential unless City authorizes in
writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
20.1. Consultant warrants that all Work Product and other work prepared in the course of
implementing this Agreement is original with Consultant and is not known by Consultant
to be the work or intellectual property of any third party. In addition, Consultant represents
and warrants that the use of such Work Product shall not, to the Consultant's knowledge,
violate or infringe the rights of any person or third party, including any subcontractors or
independent contractors Consultant may retain in the course of implementing this
Agreement.
20.2 Consultant shall defend, indemnify and hold City, its agents, officers, representatives,
employees and City Council, boards, Commissions and Committees harmless from any
proceedings brought against City for any violation of legally protected rights of any third
parties with respect to the Work Product produced in the course of implementing this
Agreement, including but not limited to U.S. Patents, trademarks and copyrights issued
as of the effective date of this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures and disbursements
charged to City, for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records and invoices during regular business
hours. Consultant shall allow inspection of all work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final payment
to Consultant under this Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work as a result
of such withholding. Consultant shall have an immediate right to appeal to the City Manager or
his /her designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its investments during
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the time period, from the date of withholding of any amounts found to have been improperly
withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience
of Consultant which result in expense to City greater than what would have resulted if there
were not errors or omissions in the work accomplished by Consultant, the additional design,
construction and /or restoration expense shall be borne by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California Political
Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial
interest that may foreseeably be materially affected by the work performed under this
Agreement; and (2) prohibits such persons from making, or participating in making, decisions
that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so
constitutes a material breach and is grounds for immediate termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for damages
resulting from Consultant's violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, to City by Consultant and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Consultant to City shall be addressed to City at:
Marie Knight, Director
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3157
Fax: 949 - 644 -3155
All notices, demands, requests or approvals from CITY to Consultant shall be addressed to
Consultant at:
Janis Dinwiddie
Dinwiddie Events
1048 Irvine Ave, #439
Newport Beach, CA 92660 -4602
Phone: 949 -548 -2411
Fax: 949 -548 -2422
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Agreement
at the time and in the manner required, that party shall be deemed in default in the
performance of this Agreement. If such default is not cured within a period of two (2) calendar
days, or if more than two (2) calendar days are reasonably required to cure the default and the
defaulting party fails to give adequate assurance of due performance within two (2) calendar
days after receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and without
cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written
notice to Consultant. In the event of termination under this Section, City shall pay Consultant
for services satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations
and requirements of all governmental entities, including federal, state, county or municipal,
whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall
conform to applicable City, county, state and federal laws, rules, regulations and permit
requirements and be subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition contained herein, whether of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall
be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Scope
of Services or any other attachments attached hereto, the terms of this Agreement shall
govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
Consultant and City and approved as to form by the City Attorney.
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34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue
in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and
any action brought relating to this Agreement shall be adjudicated in a court of competent
jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
APPROVED AS TO FORM:
By:
City Attorney
City of Newport Beach
ATTEST:
la
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
City of Newport Beach
CONSULTANT:
Janis Dinwiddie
Dinwiddie Events
Attachments: Exhibit A - Consultant Proposal
Exhibit B - Scope of Services
Exhibit C - Estimated Expense Budget
Exhibit D - Consultant Additional Project Personnel List
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DinwiddieEVENTS
1048 Irvine Avenue #439
Newport Beach, CA 92660 -4602
949.548.2411 Fax 949.548.2422
JanisDin@yahoo.com
Newport Beach Centennial
Proposal to Provide Coordination Services
A. Administration
1. Office space. Dinwiddie Events will be the primary location for management of the
Centennial. The office is equipped with standard office equipment (computers,
fax, internet connection, copier) and we will install a dedicated phone line for the
Centennial.
2. Document maintenance. We will store and maintain all files and documentation
related to the Centennial during the contract period. All files and other materials
will be returned to the City upon completion of the project or as requested by the
City.
3. Reporting. Janis Dinwiddie will be the primary contact and will attend City and
Centennial Committee meetings, other events, activities, and public presentations,
as needed. Other Dinwiddie Events staff will provide support and administrative
services. We will prepare appropriate and timely reports, timelines and budgets,
as requested by the City and the Centennial Committee.
4. Correspondence and communication. We will execute appropriate administrative
tasks and prepare correspondence and other documents as needed. We will be
available to communicate regularly with the City and all Committees as needed,
via phone, fax, email, and in person, as appropriate.
5. Community meetings and events. Dinwiddie Events will represent the City and the
Committees at appropriate community events and programs; soliciting input,
making public presentations, and helping to develop community awareness in the
Centennial activities, as appropriate.
B. Sponsorship /Fundraising
1. Donor recognition. We will manage the activities developed for recognition of
donors at all levels.
2. Fundraising activities. We will work in conjunction with the appropriate
Committees to develop opportunities for fundraising, and assist with
implementation of related activities.
Revised 1.30.05
DinwiddieEVENTS
1048 Irvine Avenue #439
Newport Beach, CA 92660 -4602
949.548.2411 Fax 949.548.2422
JanisDin@yahoo.com
C. Marketing(Public Relations /Community Outreach
Master calendar. We will develop a system and maintain a calendar of all
activities, events, meetings, and deadlines, as needed for the efficient execution of
the myriad elements of this project. This calendar will be updated regularly and
distributed as appropriate to the City and Committees.
2. Website. Coordinate development and ongoing maintenance of the Centennial
website, in conjunction with the City and Committees.
Communihj outreach. As described above, we will work with the City and
Committees to develop community awareness in the project and encourage
fundraising efforts, through attendance at events, public activities, and other
promotional opportunities.
4. Collateral materials. We will make recommendations to the City and the
Committees regarding the appropriate collateral materials, solicit and acquire
vendors, and oversee the production and distribution of collateral materials
related to the project.
D. Event Management
1. Committee liaison. We will assist the City and the Committees in decision making
and communication related to the five main Centennial events as identified by the
Centennial Committee.
i. Kick Off Beach Party and Fireworks Display
ii. Rose Parade Float Entry
iii. Family Celebration / Carnival
iv. Dance and Event at the Pier
v. Closing Parade
2. Event expertise. With the benefit of years of experience and thousands of events,
we will provide professional input to the City and Committees related to the
planning of these events and activities, and make recommendations as warranted.
3. Vendor contracts. We will coordinate the services and contracts with outside event
vendors on behalf of the City and the Committees.
4. Timelines. We will manage the timelines as developed for each of the events and
advise the City and Committees as needed to ensure efficient implementation of
the approved plans and schedules.
Revised 1.30.05
e5-A'hibi� B
SCOPE OF WORK FOR
CENTENNIAL COORDINATOR POSITION
This position works collaboratively with the Steering Committee and City staff to assist
in the overall coordination of the Centennial Celebration. The Coordinator will be
responsible for linking and coordinating the work of the various committees to help
achieve the goals of the Centennial activities, performing a variety of professional
administrative work related to the functions of the Centennial, assisting in planning and
coordinating of Centennial related activities and events, and participating in the
development and implementation of goals, objectives, policies, procedures and priorities
related to the Centennial. Responsibilities include:
A. ADMINISTRATION
1. Maintain a satellite office for their work on the Newport Beach Centennial
celebration management that:
a. Includes onsite storage capacity for current and ongoing Centennial
business files as necessary.
b. Includes all office equipment necessary for providing services required
and conducting business on behalf of the Centennial (dedicated phone
line, fax, computer, and internet connection).
2. Document Maintenance
a. Properly maintain all necessary files and documentation (particularly
financial matters) regarding the Centennial.
b. All documentation becomes the property of the City upon termination of
this agreement.
3. Reporting Responsibilities
a. Reports directly to the Centennial Steering Committee.
b. Attend and participate in monthly Steering Committee meetings as well as
subcommittee meetings when necessary and appropriate.
C. Attend events, activities, publicity events, City Council meetings, and
public presentations when necessary and appropriate.
d. Provide written monthly reports to the Centennial Steering Committee
outlining activity, expenses, accomplishments and short term goals for the
next month.
4. Correspondence
a. Coordinates and ensures the fulfillment of specific administrative tasks
dealing with correspondence, and public relations.
b. Maintains regular and efficient communication with the Steering
Committee and other volunteers where appropriate.
5. Community Meetings and Events
Represents and promotes all projects at appropriate community events, forums,
and conferences and helps to ensure relevant feedback.
B. SPONSORSHIP /FUNDRAISING
1. Manage all donor recognition activities.
2. In coordination with the Fundraising Committee, identify all possible
opportunities for fundraising whether through events, activities, merchandise,
community campaigns, etc.
3. Assist in the implementation of fundraising activities.
C. MARKETING /PUBLIC RELATIONS /COMMUNITY OUTREACH
1. Maintain a master calendar of activities, bookings, marketing, and public
relations events.
2. Coordinate the development and ongoing maintenance of the Centennial web
site.
3. Work with the Outreach Subcommittee on community outreach and audience
acquisition efforts with the overall goal of building awareness of the Centennial
activities and events, generating necessary revenue and encouraging
participation.
4. Coordinate the production of collateral materials as necessary.
D. EVENT MANAGEMENT
1. Facilitate decision making processes as appropriate, serving as liaison between
Event committee and Steering Committee.
2. Coordinate all contracts for services.
3. Identifies and works to remove barriers for successful completion of the events
4. Provide professional advice and consultation to Events Committee when
appropriate. Manage timelines for project completion; responsible for
communications with stakeholders.
1/27/05
Zxhl6j�L C
Newport Beach Centennial -- 2006
Estimated Expense Budget - Revised 1.30.05
Deood _ton
Amount
Administration
$45,000
Meeting attendance, general administration, preparation of reports
Attendance at events and activities; public presentations
General interface with Committees and City staff
Maintenance of office and equipment, document maintenance and storage
Administrative tasks, correspondence, general communication
Dedicated phone line* (including monthly charges)
( *Charges for Long Distance or toll -free number additional)
Sponsorship lFundraisin
$15,000
Manage and coordinate donor recognition activities
Work with Committee to identify fundraising opportunities through events, merchandise, etc.
Assist with implementing fundraising activities
Marketing / Public Relations / Community Outreach
$25,000
Maintain master calendar of activities, bookings, marketing and public relations events
Website development and maintenance Est. 20+ hrs @ $85)
Community outreach and audience acquisition, building awareness
Coordinate production of collateral marketing and PR materials
Event Management
$40,000
Provide professional advice and consultation to Committees regarding all events
Coordinate all contracts for event vendor services
Maintain project timelines; communicate with stakeholders
Act as liaison between Committees
TOTAL
$125,000
NOTES:
This budget is based on the assumption of a 22 -month contract (3/05 - 1/07).
This budget does not include any event - specific costs.
_
Dinwiddie Events 1.30.05
02/24/2005 11:14 949- 548 -2422
Maria Dickerson
E mall: marladltkefeonOcox.net
PROFESSIONAL EXPERIENCE
DINWIDDIE EVENTS
Event and Office Support: Dinwlddle Events
November 2003 - Present
Duties Include: Support owner of business in the office and on -site at events.
Accounting management
PAGE 03/05
rbif 1L)
6 Timberland
Aliso Viejo, CA 92656
(949) 425 -1610
Meeting/Event Manager /Office Manager: Employer -Event Solution International
June 2000 -June 2003
Duties include: Meeting and Event Coordination -- program design and development from inception through
Contract interacting with clients and vendors to Coordinate meetings and events; On-site Event and Meeting
Management- managed logistical elements of Corporate programs as lead on Operations staff. Coordinated
numerous medical meeting series requiring: venue search for meeting space and sleeping rooms; Contract
execution; food and beverage arrangements; transportation arrangements and audio visual arrangements.
General clerical duties, office/accounting management as Company grew.
Full -time SeQhebry: Employer - Aliso Viejo Church of the 604.
August 1999-June 2000
Duties include: assisting students, parents, and teachers with needs relating to school, maintenance of school's
student database, tuition billing, and accounting for school, ordering and processing of supplies for school, and
assisting principal as needed. Typing speed40wpm.
Part-time secretary: Employer - Lutheran Church of the Cross.
November 1998 - August 1999
Duties include: weekly processing of church newsletters and bulletins, input and maintenance of Sdmoollvi nder
data base for new elementary school, creating student foes. Typing speed-40 wpm
Owner: The Basket Tree, Aliso Me)% CA
January 1997- June 2002
Create and publish basket patterns In magazine form which is marketed across the united States. Duties
include typing, setting up format and Copying five Issues a year. Dudes also include accounting and advertising
In relation to the business.
Owner: The Basket Tee, Phoenix, AZ
September 1999 - November 1996
Manufactured and marketed handmade baskets through wholesale and retail means. Opened a storefront and
operated a retail craft business which also offered basket weaving classes. Duties included accounting,
advertising, inventory, and manufacturing.
Paralegal: Deming & Hughey, Attorneys at taw, Kalamazoo, MI
September 1960 - August 1981
Performed a wide variety of duties assisting a group of attomeys, Duties included InWAewing clients,
overseeing secretaries, reviewing documents, filing documents at the court, and legal research.
EDUCATION Graduate of Carmen High School, Flint, Michigan (June, 1978)
Received A.A.S. Degree in Paralegal Technology from Ferris
State University, Big Rapids, Michigan (May, 1980)
SOFTWARE
EXPERIENCE MS Windows, Microsoft Word, Excel, QUICkbooks Pro, SchoolMinder
02/24/2005 11:14 949- 546 -2422 DINWIDDIE EVENTS PAGE 04/05
Laura Ann Kokol
20702 El Toro Road, Unit 4
Lake Forest, California 92630
Home: (949) 455 -9544, Cell: (714) 325 -1256
laurakokol@sbcglobal.net
EXECUTIVE ASSISTANT
Over 16 years of experience in customer relations, operations and project coordination. Specialization is in facilitating
department productivity, skill sets and leading and implementing change in a high paced environment.
Professional Experience
Dinwiddie Events January 2005 to Present
ASSISTANT COORDINATOR
Provide support to the Project Manager by maintaining task calendars and client databases. Coordinate mailings that
pertain to events. Process and track ticket sales. compile bank deposits provide reports to clients. Attend events for set
up. attendee check -in and tear down.
Amen Clinics, Inc. March 2004 to December 2004
EXECUTIVE ASSISTANT
Provide administrative support to the Medical Director, President and General Manager. AM as primary liaison with
human resource consultants. Maintain personnel files, create files for new employees, perform orientations for new
personnel. Act as main contact person for building management company regarding facilities, telephone vendor
regarding phone system and malpractice insurance carrier, completing applications to add new professionals to policy.
Coordinate travel arrangements for executive staff and perspective employees. Coordinate internal projects as
assigned by executive staff.
South Counties Pediatric Critical Can October 2001 to February 2004
DIRECTOR OF BUSINESS DEVELOPMENT
Position encompasses both South Counties Pediatric Critical Care Group and Newport Children's Medical Group.
Assist Chief Executive Officer (CEO) with the coordination of special projects directly related to either or both groups.
Provide operational and administrative support for CEO in communicating business goals to all satellite locations and
their personnel. Develop new processes and assist with their implementation and/or systems evaluation and
modernization. Coordinate and provide any new training involved with the implementation of any new processes.
Consult with IT personnel regarding network issues for all satellite locations. Representative and key contact person
for IPA personnel, billing company, accounting companies, employee benefits group and clinical research
coordinators. Review of billing and collection reports submitted to insurance providers. Evaluate new vendors and
coordinate purchases of capital assets. Assist NCMG Office Managers and Supervisors with operational issues as
needed.
Hill Partnership Inc. September 2000 to September 2001
OFFICE MANAGER
Manage the daily operations of an architectural firm and coordinate special projects. Acting liaison with IT
Consultants, troubleshoot application problems and provide training for new software. Support 19 architects as well as
4 principal executives with scheduling of appointments, processing contracts and proposals, editing of technical
specifications, and client correspondence. Assist Marketing with desktop publishing of proposal presentations and
collateral on MS PowerPoint and Quark. Human Resource duties include attending quarterly Labor Law seminars,
providing updates for Employee Handbook and orientation of new employees.
02/24/2005 11:14 949- 549 -2422 DINWIDDIE EVENTS PAGE 05/05
Laura Ann Kokol
Page Two
AT&T Wireless Services August 1995 to March 2000
WARRANTY EXCHANGE SUPERVISOR
Manage the Warranty Exchange Call Center for this international telecommunications company. Communicate
ATTW S goals to team members throughout the Regional Service Division to ensure they receive the proper tools,
training, information and motivation to achieve those goals.
Headed Employee Swap- A -Thon Project, supplying sales staff of 2000 with new cellular equipment,
establishing the model for future processes.
Supported External Affairs Department with public relations projects such as:
• Safe School Project: donating 700 phones to schools throughout Los Angeles and Riverside Counties.
• Call to Protect/United Way: donating 200 cellular phones to shelters for victims of domestic violence.
• Reduced spending of out - sourced vendors from $25,000 to $3,000 per month.
L.A. Cellular Telephone Company December 1993- August 1995
ASSISTANT BRANCH MANAGER, MAJOR ACCOUNTS OPERATIONS
• Launched the Direct Fulfillment Project by implementing, presenting and providing training for eight
locations.
• Supervised Operations Department that supported sales staff by activating new customers with cellular service.
• Ordering, receiving and tracking inventory transfers of cellular equipment from central distribution and other
store locations.
• Maintained store accounts receivables and banking.
Edueetioni
Bachelors of Science Degree, Business Management
University of Phoenix, La Mirada, California
Professional S4iils
Excellent problem solving skills, systems evaluation, solution implementation, project coordination, word processing,
spreadsheet, presentation, flowchart, desktop publishing/graphics and project software, excellent oral and written
communications skills.
ATTACHMENT B
NBOO40
NEWPORT BEACH 1906 -2006
City of Newport Beach Centennial Celebration
Sailing Through a Century!
In October of 2005 the City of Newport Beach will begin a year
long celebration to commemorate the City's 100 year anniversary.
Incorporated on September 1, 1906 Newport Beach has been
making history ever since.
Our Mission
Residents and Community Leaders have come together to plan
activities and events that will celebrate our 100 years of history
in the making. The Mission of the Centennial Celebration is:
To unify our neighborhoods through a series of events and
activities that will enhance community spirit, honor our rich
heritage, promote pride in our future, and celebrate the many
unique opportunities we have to offer.
The 14- member City Centennial 2006 Committee was established
on January 27, 2004 and includes Mayor Steven Bromberg, Mayor
Pro Tem Don Webb and Council Member Leslie Daigle and various
community leaders. "But the real key to a Happy Birthday Party ",
according to City Centennial 2006 Chair Don Webb, "is everyone
making an effort to come out into the streets, get involved and
really bring enthusiasm and creativity to the whole process."
N,BI , P(JRT BEACH 1906 -20106
Sponsorship Opportunities
There are many opportunities for residents and our business
community to support the Centennial. The overall celebration as
well as each event will have several underwriting opportunities.
Sponsoring a Centennial event or activity will provide a unique
opportunity to showcase your business to thousands of
participants and show your pride in our community.
Volunteers
The community is invited to become a part of making this the
celebration of a lifetime. From helping with the planning and
organizing of the events, to submitting old photos or sharing
memories to be used in the Commemorative book, to the hundreds
of hands that will be needed to glue flowers and seeds onto our
glorious Rose Parade Float, there is certainly something for
everyone who wants to be involved.
So join us as we celebrate the 100th anniversary of
Newport Beach and our Sailing Through a Century!
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City of Newport Beach
BUDGET AMENDMENT
2004 -05
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure AppropriatiorAND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 049
AMOUNT: $175,700.00
n Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations for funding Centennial related events and activities.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
Account
Description
FY 2004 -05 010
3605
General Fund - Fund Balance
FY 2005 -06 010
3605
General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division
Account
Description
FY 2005 -06 129
5901
Centennial - Private Contributions
EXPENDITURE APPROPRIATIONS (3603)
Descri
FY 2004 -05 Division
Account
FY 2005 -06 Division
Account
Division
Account
Division
Account
Signed: X /
(F
Signed: Q-1—le,
Administ
Signed:
0129 Council - Centennial
8250 Special Department Expense
0129 Council - Centennial
8250 Special Department Expense
Administrative Services Director
ApWval: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$175,700.00
$178,900.00
$528,900.00
Automatic
$175,700.00
$350,000.00
(3-c
Date
f Date
Date
"RECEIV D AFTER AGENDA
PRINTED:" /o5
Re: Agenda item X16 Professional Service Agreement for Coordination Services for
the 2006 Centennial Celebration
Attached is background information and reference information for Janice Dinwiddie of
Dinwiddie Events as was submitted in response to the Request for Proposal for
Coordination Services for the Centennial.
Janis E. Dinwiddie has spent 25 years in special events management and fund - raising, including
marketing, public relations, promotion, community relations, advertising, and graphic design. She has
produced more than 4,000 events for tens of thousands of guests. In 2001, she formed Dinwiddie
Events, an event management and consulting firm. Her breadth of experience as an event planner,
along with a lengthy association with business, civic, and philanthropic leaders, offers clients a unique
combination of skills and expertise.
For 18 years, she held senior positions at two of Los Angeles' major museums. As Director of Sales and
Special Projects at the Autry Museum of Western Heritage (1992- 2000), Janis directed an annual $1.3
million special events effort, including the $700,000 fund- raising gala. She helped to launch the
Masters of the American West Fine Art Exhibition and Sale and the Autry Museum Golf Classic, and
produced numerous five and silent auctions, corporate and charity functions, concerts with major
recording artists, film shoots, and more than 175 other revenue - generating events each year.
As Director of Special Events at the Los Angeles County Museum of Art (1982 -92), Janis had
responsibility for more than 200 events annually, including dinners for heads of state and royalty, a
fund- raising dinner filmed as a scene in Robert Altman's movie The Platter, a series of inaugural events
for three major building openings, and numerous feature film premieres.
Previously, Janis spent six years as Conference Coordinator at the University of California, San Diego
Extension, where she managed the nationally prestigious Securities Regulation Institute. This annual
conference featured 50 speakers, including the Chairman of the SEC, and attracted 700 attendees
including other high - ranking government officials, the New York and American Stock Exchanges, and
attorneys from throughout the U.S.
She has been active in numerous organizations, including the LA5 Rotary Club, Town Hall Los
Angeles, the Newport Beach Chamber of Commerce, the National Association of Women Business
Owners (NAWBO), Executive Women International (EWI), the Volunteer Center Orange County, the
International Special Events Society (ISES), and the 552 Club of Hoag Hospital in Newport Beach. She
has served on the NAWBO -OC Board of Directors and the Hollvwood- Wilshire YMCA Board of
Managers, has held leadership positions in Meeting Professionals International (MPI), and has been a
Program Advisor for the UCSD Meeting Management Certificate Program.
In 2001, she served as Chairman of the inaugural Mayors Golf Classic, benefiting the Volunteer Center
Orange County, and Co -chair of the Remarkable Women awards luncheon for NAWBO -OC.
Janis is listed in the 2002- 2003 edition of Who's Who, a co- recipient of a LaLA Award (Special Events
Industry), and received screen credit in the film T l.e Player. She was named Volunteer of the Year by
the Hollywood - Wilshire YMCA and Meeting Planner of the Year by the San Diego Chapter of Meeting
Professionals International. Janis was featured in an article in the November 2003 issue of the Robb
Report as one of five event planners who "... have risen to the top of their highly competitive
profession."
J
PARTIAL LIST OF EVENT CLIENTS
Corporate
Non - Profit /Civic /Government
ARCO
Adopt -A- School
AT &T
Arizona State University Alumni Association
Arrowhead Water "
Boy Scouts of America
Arts & Entertainment Channel
California Highway Patrol
Automobile Club of
California State University, Fullerton
Southern California
Children International
Bank of America
City of Hope
Bowne of Los Angeles
Downtown Women's Center
The Broadway Department Stores
Inner -City Arts
CBS -TV
Japanese American National Museum
Chevron
Junior Achievement
First Interstate Bank
KC `ET
Ford Motor Company
City of Los Angeles
Gillette
Office of the Mayor
HBO
Department of Recreation and Parks
Harley- Davidson
Los Angeles Police Department
Heublein
Los Angeles Fire Department
IBM
County of Los Angeles
Knoll International
Museum of Contemporary Art
Los Angeles Times / Times
Museum of Television and Radio
Mirror
National Association of Women
Major League Baseball
Business Owners, Orange County
C. F. Martin & Co. / The Martin
Newport Beach Public Library Foundation
Guitar Co.
Newseum / The Freedom Forum
Metromedia Corporation
Orange Coast College
Minolta
Orange County Reads One Book
Philip Morris
Rotary Club of Los Angeles
Pierre Fabre Cosmetics
Society of Motion Picture and Television
Ralph Lauren
Engineers
Security Pacific Bank
State Senator Adam Schiff
Sysco Foods
T.J. Martell Foundation
Turner Network Television
U.S. Olympic Organizing Committee
The Walt Disney Company
United Teachers Los Angeles
Walt Disney Imagineering
Volunteer Center Orange County
Warner Bros.
YMCA
Wells Fargo
Young President's Organization
MAJOR EVENTS PRODUCED BY JANIS DINWIDDIE
Newport Beach Public Library's Distinguished Speakers Lecture Series (2002 -2005)
Orange Coast College Annual Small Business Conference & Expo (20032005)
Imagine Awards Galas benefiting Inner -City Arts (2002 -2003)
Autry Museum Annual Galas (1992 -1999)
Gene Autry's 90th Birthday Gala (1997)
Charity and Celebrity Golf Tournaments (19932004)
Dinner filmed as a scene in the feature film, The Player (1991)
• Created concept and developed event as a museum fund- raiser
• Coordinated black -tie event for 400 guests as a film shoot with film director Robert Altman
LACMA Silver Anniversary Gala (1990)
• Black -tie gala for 600 guests; equivalent of 10 different simultaneous events
Opening of LACMA's Anderson Building (1986)
• 16 events in 12 days
• Developed and produced variety of events for many diverse groups, including major
benefactors and donors, museum members, local artists, press, volunteers and students
Events for royalty, heads -of- state, religious leadership (1982 -92)
• Dinner for the President of Mexico, hosted by Governor Pete Wilson
• Dinners for the King and Queen of Spain and Duke and Duchess of Kent
• Luncheon for the Duke and Duchess of fork
• Reception for the Dalai Lama
Securities Regulation Institute (1979 -81)
• Annual national three -day conference for 700 attendees, with 50 speakers including Chairmen
of Securities and Exchange Commission and New York Stock Exchange
• Coordinated and produced three- volume, 900 -page handouts for all attendees
Concert performances by headline entertainers
• )oni Mitchell, Liza M; ielli, MichaeI Eirestein, Tent' Beru;ett
• Clint Black, Glen Campbell, Emmylou Harris, Dwight Yoakam
• Mstislav Rostropovich
• Audiences of up to 4,000
Alan F. Horn
President
Chief Operating Officer
To Whom it May Concern:
WARNER BROS.
4000 Wamer Bou)evard
Burhank, California 91511
(818) 954 -1445
Fax:(818) 954 -1952
I am writing this on behalf of Janis Dinwiddie, to recommend her as an experienced and
very knowledgeable special event planner.
As a member of the Autry Board of Trustees, I have known Janis in her capacity as
Director of Sales and Special Projects for over 10 years.
During that time, I have attended a number of major events at the museum, including the
annual fund - raising Gala, the nationally recognized Masters Art Show and Sale, and other
dinners for which Janis had direct responsibility.
In 1998, as Chairman of the Autry Gala Committee, I worked closely with Janis for
several months prior to the dinner. This high profile event for 900 guests, honored Clint
Eastwood and brought in revenue to the museum of more than $500,000 — making it one
of the most successful galas in the Autry's history. Janis produced this exceedingly
complex event with skill and expertise.
Janis is personable, professional, diplomatic, and exhibits grace under pressure. It is my
pleasure to recommend Janis Dinwiddie as a highly competent and proficient event
planner.
S c rely.
v L��
Alan F. Horn
AFH/bt
.4 Time Warner F.utmrninmrno Cumoanv
Charles D. Miller
Retired Chairman and
Chief Executive Officer
To Whom It May Concern:
AVERY
DENNiSON
Miller Corporate Center
150 North Orange Grove Boulevard
Pasadena. California 91103 -3596
Phone 626 304 -2158
Fax 626 792 -2678
w .averydennison.com
i am very pleased to recommend Janis Dinwiddie and her company, Dinwiddie
Events, for any major black -tie fundraising, marketing or promotional event, or
whatever type of program needs a talented and experienced organizer to ensure
its success.
I have known Janis Dinwiddie for about 10 years. She was highly successful in
the projects at the Autry Museum of Western Heritage, where I worked with her,
particularly on the Annual Gala that I chaired. At the time, it was the most
successful gala ever held at the Autry. Janis planned the entire fundraising effort,
and worked with me to identify the potential table purchasers and contributors.
We sold out the house.
Most important, however, was her ability to follow up on all elements of a
successful dinner project. She was involved in everything from hiring the band to
planning the silent auction, arranging the tables, and making sure that some of
the high - profile individuals felt they received special attention.
Janis is very well organized, and I can assure you that any project she
undertakes will be carefully coordinated and handled in a timely and professional
manner.
Sincerely,
Charles D. Miller
CDM:mb
To Whom It May Concern:
I have known Janis Dinwiddie since 1992 when she joined
the staff of the Autry Museum of Western Heritage in the
capacity of Director of Sales and Special Projects.
During that time Janis launched several of our major events
including the Autry Museum Golf Classic and the Masters of
the American West Fine Art Exhibition and Sale. In
addition, she produced and directly supervised over 175
revenue - generating events annually, including live and
silent auctions, corporate and charity functions and major
concerts. Janis also directed ,the annual Autry Museum
fundraising gala, including Gene's 90th Birthday with over
1,250 guests in attendance. She coordinated several
receptions for gala patrons at my home, as well as a dinner
that was organized for Major League Baseball owners. In
each and every case she did an outstanding job.
Each year Janis and I worked closely together in handling
the very sensitive duty of seating arrangements for the
gala guests. She was also responsible for arranging the
pre -gala party at my home and her attention to details was
excellent. She is hardworking, dedicated, and professional.
Janis definitely knows her business, and she would be an
asset to any hiring organization.
Sincerely
Mrs. Gene Aut�
4383 (�olex avenue (�itgu, (�aii fsrnica 91604 # ` 818.752.7770 c" ax 818.752.7779