HomeMy WebLinkAboutC-6038 - Agreement for Services Regarding Eel Grass IssueAGREEMENTBETWEEN
THE CITY OF NEWPORT BEACH
AND
WH,DHORSE CONSULTING
This agreement is made and entered into this 19`" day of January 2015 by and between Wildhorse
Consulting, hereinafter referred to as ( "Wildhorse "), and The City of Newport Beach (here in after
collectively referred to as the ( "Client ").
1) DUTIES
Client hires Wildhorse as an independent contractor to consult and advise on political strategy,
government relations, and legislation regarding the Eel Grass issue before the California Coastal
Commission. Wildhorse shall develop and execute said strategy as it relates to the California Executive
and Legislative branches and any and all local agencies, municipalities etc. effecting Client.
II) TERM
This Agreement is for the period commencing January W, 2015 and ending June 30, 2015.
III) COMPENSATION
RETAINER- Client, in accordance with State advocating guidelines shall pay Wildhorse a flat fee
of $12,000.00 per month, payable immediately upon signing of this agreement and billed the first
each month thereafter. The total amount of compensation under this agreement shall not exceed
Seventy -Two Thousand Dollars and No Cents ($72,000.00) plus expenses discussed below.
TRAVEL -all travel beyond a twenty (25) -mile radius from Sacramento shall be billed on a portal -
to -portal time basis. Over night travel shall be billed based on actual time worked, including
travel time.
EXPENSES -all usual and customary expenses shall be paid by Client including but not limited to
travel, mileage (at the rate of .54 cents per mile) database management (.25 per entry), shipping,
postage, artwork, printing, and other expenses. Accommodations associated with travel shall be
approved by the City in advance, and all meals paid for by the City shall be reasonable and not
include any charges for alcohol. The City will pay travel expenses in advance of the trip being
taken. Any expense above $500 shall be approved by client prior to being incurred.
PAYMENT - Wildhorse shall bill Client the first of each month. All invoices are due upon receipt.
V) CONTRACTUAL AUPiIORITY AND INDEMNIFICATION
«'ildhorse is required to immediately disclose any outside activities or interest that conflict or may
conflict with the best interests of Client. In all cases, Wildhorse shall treat as confidential any and all
proprietary or non - public information Wildhorse may have or possess regarding Client clients and/or
projects.
VI) TERMINATION
This agreement may be terminated upon 3 days written notice by either party. All invoices, including
expenses, are due upon said notice.
VII) GENERAL PROVISIONS
A) This Agreement contains and constitutes the entire agreement between Client and Wildhorse and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
shall be binding upon agents and successors of both parties.
B) This Agreement supersedes any and all other agreements either oral or written, which may exist
between the parties and contains all of the covenants and agreements between the parties. Each party to
this agreement acknowledges that no representations, inducements, promises or agreements, which are
stated herein, have been made by either party and that no agreement, statement or promise not contained
herein shall be binding on the parties. No alteration or variation of the terms of this Agreement shall be
effective unless made in writing and signed by the parties hereto.
C) This Agreement was made and entered into by the parties in the State of California and shall be
enforced and construed according to the laws of that State. Any litigation involving this Agreement shall
be brought in the Superior Court in and for the County of Orange.
D) No term or provision herein shall be deemed waived and no breach excused unless such waiver or
consent is in writing and signed by the party claimed to have waived or consented. No consent or waiver
by one party to a breach of this agreement by the other party, whether express or implied, shall constitute
consent to, or waiver of, or excuse for, any other, different or subsequent breach. No consent or waiver
on behalf of Wildhorse shall be binding upon Wildhorse unless it is executed by it.
E) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an
original and of equal force and effect.
F) The parties hereto acknowledge that each has read the above Agreement consisting of two pages and
agrees to its terms and conditions.
G) Notice shall be made in writing by return receipt requested mail with postage paid. All notices shall be
sent to Wildhorse as follows: Wildhorse Consulting 14248 State Highway, 160 Walnut Grove, CA 95690
Notices to CLIENT shall be sent as follows
The City of Newport Beach
c/o Dave Kiff
100 Civic Center Dr.
Newport Beach, CA 92660
Executed this 19th day of January 2015
By Date
Dave Kif
City Manager, City of Newport Beach
Date*�
Sean B.
Senior Partner
Wildhorse Consulting
APPROV D AS TO FORM
By W4:�4—
Date
(/
Aaron Harp
City Attorney, City of Newport Beach
ATTEST:
By /I Date 3• �, /�
Leilani brown,
City Clerk, City of Newport Beach
L41 I FOK
arm State Farm General Insurance Company
900 Old River Rd
Bakersfield, CA 9331 t -9501
R -12- 0319 -FAS2
DOHERTY, SEAN
DBA WILDHORSE CONSULTING
1020 12TH ST APT 311
SACRAMENTO CA 95814 -3988
oration: 1020 12TH ST APT 311
SACRAMENTO CA
95814 -3988
=PP No: 1114187912
grms, Options, and Endorsements
gecial Form 3
nendatory Endorsement
as Debris Removal
glicy Endorsement
isiness Policy Endorsement
ass Deductible - Sect I
nendatory Collapse
Acy Endorsement - Business
agistered Domestic Partnrship
at Mat Violat Statues Excl
Acy Endorsement
gilding Coverage for Tenants
)ntinued on back of page
U 3
FP -6143
FE-6205
FE -6451
FE -6506
FE -6464
FE -6538
FE -6551
FE -6610
FE -5383
FE -6655
FE -6656
FE -6859
RENEWAL CERTIFICATE
OCT 03 2014 to OCT 03 2015
BILLED THROUGH SFPP
Coverages and Limits
Section I
A Buildings Excluded
B Business Personal Property 10 200
C Loss of Income Actual Loss
Deductibles - Section I
Basic 1,000
Other deductibles may
apply - refer to policy
Section II
L Business Liability $1,000,000
M Medical Payments 5,000
Gen Aggregate (Other than POO) 2,000 000
Products - Completed Operations 2, 000, 000
(PCO Aggregate)
Annual Premium
Bus Liability - Cov L
Total Amount
Premium Reductions
Yrs in Business Discount
Enclosed Building
Prot. Devices Discount
Cov. A - Inflation Index:
Cov. B - Consumer Price:
N/A
237.9
DTICE: Information concerning changes in your policy language is included. Please call your agent if
iu have any questions.
$147.00
353.00
$500.00
� pp� Moving? See your State Farm agent.
IagR'rGS' tanSt'/°c'e r�R'i... See reverse for important information.
s aoiE i Agent TIMOTHY AUST INS AGENCY INC Prepared
Telephone (916) 482 -5328 REP JUL 21 2014
Forms, Options, and Endorsements
Mandatary Reporting Endorsement
Policy Endorsement - Business
Amend Endorsement - California
Incr Cost and Demolition Gov
Terrorism Insurance Cov Notice
*Effective: OCT 03 2014
FE -5801
FE -6851
FE -6644
FE-6645
* FE- 6999.1
coverage amount....
jp to you to choose the coverages and limits that meet your needs. We recommend that you purchase a coverage limit at
: equal to the estimated replacement cost of your structure. Replacement cost estimates are available from building
ractors and replacement cost appraisers, or, your agent can provide an Xactware estimate using information you provide
it your structure. We can accept the type of estimate you choose as long as it provides a reasonable level of detail about
structure. State Farm® does not guarantee that any estimate will be the actual future cost to rebuild your structure. Higher
s are available at higher premiums. Lower limits are also available, as long as the amount of coverage meets our
arwriting requirements. We encourage you to periodically review your coverages and limits with your agent and to notify us
iy changes or additions to your structure.
)TICE TO POLICYHOLDER:
a comprehensive description of coverages and forms, please refer to your policy.
icy changes requested before the "Date Prepared ", which appear on this notice, are effective on the Renewal Date of this
icy unless otherwise indicated by a separate endorsement, binder, or amended declarations. Any coverage forms attached
his notice are also effective on the Renewal Date of this policy.
icy changes requested after the "Date Prepared" will be sent to you as an amended declarations or as an endorsement to
it policy. Billing for any additional premium for such changes will be mailed at a later date.
luring the past year, you've acquired any valuable property items, made any improvements to insured property, or have any
astions about your insurance coverage, contact your State Farm agent.
ase keep this with your policy.
(01f008gh) 10 -11 -2010 (o1 f314b)
arm
k
W87 90- CE- P294 -2
FE- 6999.1
Page 1 of 1
In accordance with the Terrorism Risk Insurance Reauthorization Act of 2007, this disclosure is part of
your policy.
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
Coverage for acts of terrorism is not excluded
from your current policy. However your policy
does contain other exclusions which may be ap-
plicable, such as an exclusion for nuclear hazard.
You are hereby notified that under the Terrorism
Risk Insurance Act, as amended in 2007, the
definition of act of terrorism has changed. As de-
fined in Section 102(1) of the Act: The term "act
of terrorism" means any act that is certified by the
Secretary of the Treasury—in concurrence with
the Secretary of State, and the Attorney General
of the United States —to be an act of terrorism; to
be a violent act or an act that is dangerous to
human life, property, or infrastructure; to have
resulted in damage within the United States, or
outside the United States in the case of certain
air carriers or vessels or the premises of a United
States mission; and to have been committed by
an individual or individuals as part of an effort to
coerce the civilian population of the United States
or to influence the policy or affect the conduct of
the United States Government by coercion. Un-
der this policy, any covered losses resulting from
certified acts of terrorism may be partially reim-
bursed by the United States Government under a
formula established by the Terrorism Risk Insur-
ance Act, as amended. Under the formula, the
FE- 6999.1
United States Government generally reimburses
85% of covered terrorism losses exceeding the
statutorily established deductible paid by the in-
surance company providing the coverage. The
Terrorism Risk Insurance Act, as amended, con-
tains a $100 billion cap that limits U.S. Govern-
ment reimbursement as well as insurers' liability
for losses resulting from certified acts of terrorism
when the amount of such losses exceeds $100
billion in any one calendar year. If the aggregate
insured losses for all insurers exceed $100 billion,
your coverage may be reduced.
There is no separate premium charged to cover
insured losses caused by terrorism. Your insur-
ance policy establishes the coverage that exists
for insured losses. This notice does not expand
coverage beyond that described in your policy.
THIS IS YOUR NOTIFICATION THAT UNDER THE
TERRORISM RISK INSURANCE ACT, AS
AMENDED, ANY LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM UNDER YOUR
POLICY MAY BE PARTIALLY REIMBURSED BY
THE UNITED STATES GOVERNMENT AND MAY
BE SUBJECT TO A $100 BILLION CAP THAT MAY
REDUCE YOUR COVERAGE.