HomeMy WebLinkAboutC-5050 - PSA for Balboa Village Brand Vision DevelopmentPROFESSIONAL SERVICES AGREEMENT WITH
DESTINATION CONSULTANCY GROUP LLC FOR
BALBOA VILLAGE BRAND VISION DEVELOPMENT
V
1 THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of January, 2012 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and, Destination
Consultancy Group LLC, an Indiana Limited Liability Company ( "Consultant'), whose
address is 424 Pointe Drive, Brea, California 92821 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 requires facilitation and preparation of a Balboa Village neighborhood brand
vision statement and related briefing report.
C. City desires to engage Consultant to provide Brand Visioning which includes
assessment, online survey and a report ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Don
Anderson.
F. City has solicited and received a proposal from Consultant, 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 March 31, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 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.
3.1.1 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.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, either
by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a flat rate basis in
accordance with the provisions of this Section and the Proposal attached hereto as
Exhibit A and incorporated herein by reference. Consultant's compensation for all Work
performed in accordance with this Agreement, including all reimbursable items, shall not
exceed Five Thousand Dollars and no /100 ($5,000.00) without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 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, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 Approved reproduction charges.
4.3.2 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.
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4.4 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
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Don Anderson to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A 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.
5.2 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 Community Development Department.
James Campbell, Principal Planner or his designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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
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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. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
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
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence 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, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
9.2 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.
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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 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 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.
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14.1 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, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
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.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subcontractor's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 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, blanket contractual liability.
14.6 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 one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
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14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subcontractors.
14.8.1.2 Enforcement of Agreement Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 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 venturer 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.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. 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.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. 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.
21. 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 the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. 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 the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
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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: .
Attn: James Campbell, Principal Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3210
Fax: 949 - 644 -3229
25.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: Don Anderson
Destination Consultancy Group LLC
424 Pointe Drive
Brea, CA 92821
Phone: 888 - 454 -3324
Email: don @dcgconsulting.com
26. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 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, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 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
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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.
28. STANDARD PROVISIONS
28.1 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.
28.2 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.
28.3 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.
28.4 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.
28.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
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28.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
28.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11117;z,
By:.iG�l l �l
Aaron Harp
City Attorney
ATTEST:
Date: d tv
By: , *t�—
Leilani I. Brown
City Clerk
d
u s
Attachments:
document2 11.29.11
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Kimberly Brandt, AOP
Community Development Director
CONSULTANT: Destination Consultancy
Group LLC, an Indiana Limited Liability
Company
Date:
By:
Don Anderson IK
Executive Partner/ Managing Member
[END OF SIGNATURES]
Exhibit A — Scope of Services
Destination Consultancy Group LLC Page 13
City of Newport Beach, California
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Balboa Village
Proposed Advisory Program of Work
Current Situation Assessment (January to mid - February 2012)
Primary Activities: data collection and analysis through online survey(s), group meetings, personal interviews,
where required, and past secondary documentation
Z) Review of relevant past planning research (i.e., City of Newport Beach vision, Newport Beach destination
vision and previous Balboa Village /Peninsula neighborhood and project reports)
C) Site tour and neighborhood orientation by assignment facilitator
9 Development, administration and analysis of online surveys to a random sample of residents and visitors on
Balboa Village imagery and brand experience
Z) Initial meeting with city official(s) and Balboa brand visioning working group chair to discuss and agree on
advisory planning methodology
Neighborhood Visioning Dialogue and Consensus (late January and February 2012)
Primary Activities: engaging discussion from workshop meetings based on customized agendas, PowerPoint
presentations and online survey results
Full understanding and value of brand and visioning development and process to be followed
Three proposed "visioning exercise" meetings with Balboa brand visioning working group to thoroughly
discuss community /neighborhood values, district positioning and current brand promise, functional and
emotional brand elements and critical factors for brand vision realization
Discussion focus on Balboa Village current and future place identity /recognition, online survey results,
sustainable brand experience and final draft report briefing
Planning Outcomes (mid -March 2012)
1. Brand Visioning PowerPoint Session Notes
2. Online Survey Results
3. Brand Vision Briefing Report
Assignment Form
Balboa !tillage Brand Vision Development
You are authorized to proceed with this assignment.
Professional Fees $5,000
Estimated Expenses Inclusive of above fees
NAME:
TITLE:
ORGANIZATION:
DATE:
(signature — Director of Community Development and/or designate on behalf of
the City of Newport Beach)
(position — Director of Community Development and/or
(City of Newport Beach, California)
(month/day /year)
Sign and Send as PDF to:
Destination Consultancy Group LLC
Attention: Don Anderson
don @dcgconsulting.com
(812) 325 -3878 (cell)
E Destination Consultancy Group LLC
424 Pointe Drive
Brea, CA 92821
DESTINATION Tel: 888 -454 -3324
CONSULTANCY Cell: 812 - 325 -3878
GROUP
January 3, 2012
Ms. Kim Brandt
Director of Community Development
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Re: Balboa Village Brand Vision Development
Dear Ms. Brandt:
Further to our telephone discussions on December 23, 2011, please find attached a letter
proposal to provide advisory services in the facilitation and preparation of this community
neighborhood brand vision statement and related briefing report. In addition, we have
provided a Corporate Profile Summary of Destination Consultancy Group (DCG) and the
Professional Qualifications of Don Anderson, DCG Executive Director and main facilitator
and advisor for this assignment. Don has worked on over 10 consulting projects in both
Orange and Los Angeles counties over the past five years and is very knowledgeable about
the Newport Beach community.
We would be pleased to discuss our proposal at your convenience and are available to answer
any questions you may have. Thank you for the opportunity to assist the City of Newport
Beach in this important consensus - oriented planning effort.
Sincerely,
DESTINATION CONSULTANCY GROUP LLC
Don Anderson
Executive Partner
DCG Corporate Profile Summary
Purpose and Aims
To provide sound research and
practical destination / hospitality
management and leadership advice to
DESTINATION clients.
CONSULTANCY
GROUP Destination Consultancy Group
(DCG), an Indiana and Alberta -
registered limited liability company formed in 1996,
is an international advisory partnership of meetings,
hospitality and tourism professionals, providing
services in
® Strategic Planning,
® Operational Productivity,
® Organizational and Marketing Management, and
(;) Industry Development
for established or emerging visitor destinations and
their organizations. The company performs
assignments under eight advisory practices.
The principals and associates of DCG provide their
clients with over 200+ years of combined consulting
and direct work experience, encompassing some 500
assignments in the destination, hospitality and
attraction /event marketing, development and
management fields. As part of this impressive range
and depth of experience and skills, the three
principals of the company have held senior
management positions with convention & visitors
bureaus, urban and resort hotels, restaurant,
foodservice and entertainment facilities, visitor
attractions and events, sports commissions and
economic development agencies, and educational
institutions. On large assignments, DCG uses the
specialized services of its 10 associates. With primary
offices in the United States and Canada, DCG has
the capability to provide excellent service to its private
and public sector clients in North America.
Destination Consultancy Group LLC
424 Pointe Drive
Brea, CA 92821
516 Park Lane
Nashville, IN 47448
Approach and Business Philosophy
In initiating assignments, a consultative process
commences with the identification and
understanding of the clients' problems and needs.
Based on mutual evaluation, a proposal is prepared
highlighting the research work program, anticipated
resultant products and costs. To ensure value for
services rendered, the exclusive use of senior
principals and associates are designated to the
subject project.
To maximize the success of this consultative
approach, DCG firmly believes in a quality research,
results- oriented and value -added client perspective.
We are dedicated to assisting our clients to solve
their problems and /or capitalize on their
opportunities. Also ongoing advice is given, if
required, during the implementation phase.
Unique Qualities
® Over 500 advisory assignments completed in
destination, hospitality and attraction /event
marketing, development and management
® 150' years combined direct work experience
with NTOs, STOs, CVBs, hotels, resorts,
restaurants, attractions and educational
institutions
® Direct partner and senior associate involvement
with clients
® Assistance to over 150 CVBs and related
regional partnerships on destination research
and planning, place /community branding and
marketing management
® Recognized top educators and trainers
internationally in destination and hospitality
marketing and management with
academic /practitioner books and published
journal articles
Don Anderson
Executive Partner
Tel: 812- 988 -9365
888 -454 -3324
Cell: 812- 325 -3878
Fax: 812 - 988 -1467
Website: www.dcgconsulting.com Email: don @dcgconsulting.com
Core Advisory Services
DCG undertakes assignments in the following core
competency areas.
Strategic Planning
® Organization and destination /sector visioning
Q Long -term organization strategy formulation
® Business planning
() Leadership positioning and direction
® Future /trends forecasting
® Impact analysis
® Competitive analysis
Operational Productivity
Organization diagnostic analysis
® Financial operating budget and control system
needs
Q Cost/benefit analysis
(�) Executive /placement search
® Contract management
Q Website development and evaluation
Organization & Marketing Management
® Marketing strategy and plan formulation
® Organizational and funding assessment
S Marketing research
® Market positioning and branding
Promotional planning and evaluation
® Markettservice audit
Community relations planning
Industry Development
® Professional development training and
facilitation
® Tourism curriculum development
® Destination audit and development planning
® Consumer /visitor exit surveys
S Industry partnership and alliance formation
® Visitor industry market and feasibility studies
Eight Advisory
4, Destination Marketing and Management
-I, Destination /Community Brand Development
4, Visitor Center Development and Marketing
� Lodging and Hospitality Management
-3� Wine Tourism and Winery Marketing
� International Exposition and Event/Sports Tourism
^3� Marketing Planning and Research
--> Professional Development and Facilitation
Innovative Techniques
Some of DCG's unique research and planning
procedures that have provided credibility to our
findings, conclusions and recommendations include:
® Development of tourism industry sectoral product
standards (lodging, food & beverage, attraction,
parks, meeting and sports facilities, retail, and
winery)
® Use of the "secret or mystery shopper' technique for
visitor product assessments (quantity and quality
attributes)
® Random sample survey of destination
customers on their branded "visitor experience'
® Meeting planner evaluative survey of
facilities /services
® Development of CVB WebEVAL, a destination
website evaluation and ranking system (119
criteria covering technical, customer, marketing
effectiveness and destination information
perspectives)
® Compliance advice on convention & visitors
bureaus organization accreditation standards
® Detailed SWOT and competitive analyses based
on customer and industry views
() Application of the destination life cycle concept
to destination product and marketing planning
® Use of community tourism visioning (future to
present) and strategic planning (present to future)
workshops
® Working closely with convention & visitors
bureaus and associated partners in the
implementation of a mutually devised destination
plan.
Name Searched On:
DESTINATION CONSULTANCY GROUP, LLC (Legal)
Current Information
Entity Legal Name:
DESTINATION CONSULTANCY GROUP, LLC
Entity Address:
PO BOX 68, RENSSELAER, IN 47978
Genera/ Entity Information:
Control Number: 1998110228
Status: Active
Entity Type: Domestic Limited Liability Company (LLC)
Entity Creation Date: 1114/1998
Entity Date to Expire:
Entity Inactive Date:
This entity is current with Business Entity Report(s).
There are no other names on file for this Entity.
Additional Services Available:
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contact Secretary of State Charles P. White's Business Services Division at 317 -232 -6576.
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