Loading...
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.