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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. Destination Consultancy Group LLC Page 2 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 Destination Consultancy Group LLC Page 3 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. Destination Consultancy Group LLC Page 4 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. i C !! V, &II) CL11. [y 4 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. Destination Consultancy Group LLC Page 6 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. Destination Consultancy Group LLC Page 7 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 Destination Consultancy Group LLC Page 9 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 Destination Consultancy Group LLC Page 10 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. Destination Consultancy Group LLC Page 11 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] Destination Consultancy Group LLC Page 12 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 f �1 I r I I 1 I l i � , . � �� ��f i�. I f�j � I f11 ��i t" I ; ��, yi ill � ! ,.I I ? (�� � I ti I ��i I I �) i-� ',,� i•, i11 ��l I 1 � �., f 1 t 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: If you encounter technical difficulties while using these services, please contact the IN.gov Webmaster. If you are unable to find the information you need through the resources provided on this web site, please contact Secretary of State Charles P. 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