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HomeMy WebLinkAboutWESTBOUND COMMUNICATIONS, INC.-2017A -2016-112-0:L :%�� P D -AMENDMENT TO CONSULTANT AGREEMENT WITH WESTBOUND COMMUNICATIONS a ^ THIS T•iHRB AMENDMENT TO THE ORIGINAL CONSULTANT AGREEMENT is entered w w into this 10th day of May 2017, by and between Westbound Communications ("Consultant"), and the City z o z zof Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution o} o and laws of the State of California (City). RECITALS A. On June 16, 2015, the City entered into Agreement # A-2015-112 with Consultant to provide Services in the field of public outreach and promotional services related to the ReadyOC (ROC) Emergency Preparedness Campaign and the "If You See Something, Say Something" (84) Campaign and related matters for the term of June 16, 2015 through June 16, 2016. B. On June 14, 2016, the parties entered into a First Amendment of the Agreement # A- 2015-112-001 wherein the scope of services was amended to address services to be provided pursuant to fiscal year 2015 funding, per Exhibits A and B to the First Amendment; amend the language on the certifications; and exercised its option to extend the term of the original agreement for an additional one year until June 15; 2017. C. The parties have enteredXSSecAmendment to the Original agreement which willcommence on June 15, nd Amendment will amend the scope of services to be provided pursuaar 2016 funding; amend the language on the certifications; and exercextend the terms of the original Agreement until June 15, 2018. D. In accordance with the terms and conditions of the Original Agreement, the parties desire to amend the scope of services identified in Exhibits A and B to the First Amendment to the Agreement. The additional services shall be funded by the 5% contingency funds detailed within the Milestone Payment schedules provided in the exhibits to the First Amendment The term for these additional services are to be completed by May 31, 2017 and does not revise any of the terms of the Second Amendment. THE PARTIES THEREFORE AGREE: 1. Section 1, SCOPE OF SERVICES, shall be amended to include the services detailed in the letters of May 3, 2017 for the ROC Campaign, "ReadyOC App Update & Social Media Promotions," and for the S4 Campaign, "S4 Digital Advertising & Social Media Promotions," described and set forth as Exhibit A-1 and Exhibit B-1, respectively, attached hereto, and incorporated by reference to the First Amendment to this Agreement. Except as hereinabove modified in this Third Amendment, the terms of the Agreement and any prior Amendments shall remain in full force and effect. In the event of any conflict between the terms of this Third Amendment and the terms of the Agreement and the prior Amendments, the terms of this Third Amendment shall control. Signature Page: Third Amendment to Consultant Agreement with Westbound Communications IN WITNESS WHEREOF, the parties hereto have executed this Tfd Amendment to the Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B : Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: (L'a4;'y JA4SSCHNABL Acting Chief of Police CITY OF SANTA ANA CYNTHIA J. Interim City P 3 WESTBOUND COMMUNICATIONS, INC. Tr Pre & CEO Page 2 of 2 *Westbound May 3. 2017 The following specifies the recommended allocation of the S10,000 in contingency funds to be used for ReadyOC (ROC): ReadyOC App Update & Social Media Promotions: Obiective: to update and improve mobile application capabilities, functionality and downloads through a full OS update. Task Description: coordinate and oversee the implementation of a full update to the ReadyOC mobile application including: operating system updates, replacement of the current API, resubmittal to Google Play and Apple, and promotion of the app. This also includes app maintenance, management, coordination, expenses for the app designer and download measurement on a daily, weekly and monthly basis. Further details and scope on the mobile app updates are noted below, per the ROC app developer, based on each supported platform: Apple iO5 • Remove unnecessary/deprecated app frameworks For testing, update out of date code (required by Apple) using TestFlight • Auto layout updates to every section to support new device screen sizes (required by Apple) • Redo push notifications setup using Parse. because the company stopped supporting the 10S (will use an Apple approved alternate for notifications) + Upgrade project SDK (software development kit) to support latest OS for iOS along with all fixes to be backwards compatible to previous app versions Fix broken features that are currently running • Update AppAnnie for tracking user data and download analytics AndfordlG000te Pfav • Fix `broken" sections within the Games and'Nebsite sections • Remove unnecessary/deprecated app frameworks • Port project to Android Studio for testing (previous version was using Eclipse for Android, which is no longer supported) • Programming will require various core upgrades that are now required by Android • Auto layout updates to every section to support new device screen sizes (required by Android) • Redo push notifications with new system. because Parse is no longer supporting Android • Upgrade core code to work inside Android Studio to support latest OS for Android, along with all fixes to be backwards compatible to previous app versions • Fix broken features that are currently running • Update AppAnnie for (racking user data and download analytics 625 TFe Cary pro? S,.'e ?oC 0111qe :... 425ed-'_ c@'_ 3'?, - s 463 '."I aar.0 Stcougeczmmunrcatpns cam *Westbound Responsibilities. WBC shall: a. Develop the mobile app elements with app designer and seek update plan approval from the Project Manager and ROC Steering Committee Santa Ana shall: a. Approve mobile app update elements, timeline and promotion plan Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter by end of May 2017. Please indicate the agreement and approval to move forward with this task. Thank y. ZickliltenbLerger Otto L6e Partner Project Ma Westbound Communications Santa Ana Department 525 The 0 CI Dn':e S, 1_ 359 . :- __: . 713 003 3' 3'_ - a 563 11 i i . "r. CJ - *Westbound Exhibit B-1 May 3, 2017 The following specifies the recommended allocation of the 58,000 contingency funds to be used by S4: S4 Digital Advertising & Social Media Promotions: Objective: to expand public awareness and reach for the campaign through digitallsocial media platforms and a digital geo-fencing advertising promotion during the second quarter of 2017. Task Description: coordinate and secure a minimum 4 -week digital geo-fencing promotion for spring/summer 2017 to coincide with additional programming elements. In addition, create and run a proactive promotion or micro -campaign on social media leveraging boosted content, and paid. native, in -feed advertising on the campaign's Twitter, Instagram and YouTube platforms. This includes maintenance, updates, management and measurement on a daily, weekly and monthly basis. Responsibilities: WBC shall: a. Develop the initiative, elements and seek plan approval from the Project Manager and ROC Steering Committee Santa Ana shall: a. Approve digital plan elements and social media promotion plan Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter by the end of May. Please indicate the agreement and approval to move forward with this Thank you kk iltenberger`'-- ' Otto La e artner Project Ma Westbound Communications Santa Ana Department 625 The City Or Sete _6C • C- j -q9 v 31?d? 71 < 663 8' [' ;' a ;,63 31 !1 • n,,, PIe4CcurcCcmmu^1cat any cpm t . r CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDINYY,Y' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 412812017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License 1110757776 I CONTACT Jordan BartleBan NAME: HUB International Insurance Services Inc. I (AHK c. E UL (951) 779.8575 Ti FPN>g(951 231.2572 3390 University Ave., Ste 300 EFiAi Riverside, CA 92501 `SAD@ Ss. cai.cpu(c hubinternatlonal.eom _ INSURERt51 AFFORDlNO COVERAGE Nmci INSURER A: Sentinel Insurance Company. Ltd. 11000 ......._...._ ^_,�� INSURED INSURER B : Hartford Accident and indemnity Comcany;22357 Westbound Communications, Inc. INSURER c: Axis insurance Company 37273 625 The City Dr., Ste 480 INSURER D: Orange, CA 92868 INSVRER E: ._.._ INSURER F: 1.VDAtl CC I•Col.,PATC MIIRMPIT0. RFVISUNJ M1IMHFC. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRt ADDL!SUeA TYPE OF INSURANCE - POUCY NUMBER 7 POLICYEFP k POGuffin ' i iiMn3 A X COMMERCIAL GENERAL LIAHRITY ( ,CAMS -LADE OCCUR X' 1 X 172SBAIB4627 0516ti1201T 05+461281$; ! EACH OCCURRENCE S 2,000,000 ^... DAMMGE TO RENTED i 1,000,000 MED EXPiAnY onacersPni S 10,000 PERSONAL&ACV WJURY ii 2,000'000 ..... I 1 N'L AGGREGATE LIMIT APPLIES PER. POLICY PERE 7:1LOC —1I GENERAL AGGREGATE S4.000.000 PRODUCTS - COMPIOPA 4,000,000 If nt A AUTOMOBILE LIABILITY I 3ASULEO AUTOS ONLY TO X NY AUTO i I X AUTqINED "M AU , BA051061201710510612018, � COMBINED SINGLE LIMIT $ 2,000,000 I ~URv Eab nili otaccRdwent ccTS TY �Pe—S A r� UMBRELU tlAB II—X OCCUR i BXCESSLAe i CLAIMS -MADE I �ZSBAI84627 ! ( 0510612017 051061201$ €ACHOCCURRENCE i 2,000,000 rE 2,000,000 IIs . DED X R,,eNT�Ns 14,000 B IW"ERS COMPENSATION AMC EMPLOYERS' LIABILITY ANY PROPRIEYOWARTNEREXECUTNE YIN %FFICER Fir n REXCLUDED? y �� Mmtla[ I NtA '7jWE1.`t-R3783 109t28t201610912872017, X ;PER DTH. � E.t'cACH ACCIDENT S 1.000.000 1.0 AID E.L DISEASE EA EMPLOYEES E.L. DISEASE:POLICY LIMIT 1,000,000 If. ns. 10 rba under DESCRIPTION OF OPERATIONS bel C !Professional Liab MCN000234351601 0912512016 0912512017 !Per Claim 3,000,000 CRetention: $10,000 I I I 'MCN000234351601 09/2512018 09/2512017 I Aggregate 3,000,000 DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (ACORD 101. Atldibonal Remmka Schedule. may b,I atW.h.d if mesas ace ie reeuirad) The City of Santa Ana, it's officers, employees, agents, volunteers and representatives are Additional !Insured in regards to General Liability per form IH 12001185 which includes 30 Day Notice of Cancellation. Primary 8 Non -Contributory wording and Waiver of Subrogation coverages apply to the General Liability policy when required by written contract per the attached endorsement SS0008 04105 Ings. 16.17 of 24). City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 4IFF11iTiPTAIIt1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED 1988-2015 ACORD CORPORATION. All rights reserved. The ACORO name and logo are registered marks of ACORD !r 5; Westbound Communications, Inc EFFECTIVE DATES 0510612017 to 05/0612018 POLICY NUMBER: 72 SBA IB4627 ik THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CITY OF MORENO VALLEY MORENO VALLEY COMMUNITY SERVICES DISTRICT REDEVELOPMENT AGENCY OF THE CITY OF MORENO VALLEY 14177 FREDERICK STREET MORENO VALLEY, CA 92552 THE COUNTY OF ORANGE JOHN WAYNE AIRPORT 3160 AIRWAY AVENUE COST MESA, CA 92626 ORANGE COUNTY TRANSPORTATION AUTHORITY ATTN: PIA VEESAPEN 550 S. MAIN STREET ORANGE, CA 92863-1584 RE: REFERENCE AGREEMENT NO. C-1-2666 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 TIME WARNER CASLE, INC. 550 N. CONTINENTAL BLVD. EL SEGUNDO, CA 90245 RE: PRIMARY AND NON CONSTRIBUTORY PLACENTIA - YORBA LINDA UNIFFIED OFFICERS, AGENTS AND EMPLOYEES SOUTHERN CALIFORNIA SCHOOLS RISK 1301 E. ORANGETHORPE AVE PLACENTIA, CA 92870 WILLDAN ENERGY SOLUTIONS ATTN: RISK MANAGER 24CL E. KATELLA AVE., STE 300 ANAHEIM, CA 92806 SCHOOL DISTRICT, ITS BOARD AND ITS MANAGEMENT Form IH 12 00 11 85 T SEQ. NO. 003 Printed in U.S.A. Page 001 ( CONTINUED ON NEXT PAGE V Process Date: 02/22/17 Expiration Date: 05/06/18 mpm' AN VA Westbound Communications, Inc EFFECTIVE DATES 05106i2017 to 05!06/2018 POLICY NUMBER: 72 SBA IB4627 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 30 DAY NOTICE OF CANCELLETION IN CONSIDERATION OF PTO CHANGE IN PREMIUM, IT IS HEREBY P.FREED AND UNDERSTOOD THAT FORM SS1224 IS ADDED PER THE ATTACHED. Form IH 12 00 11 65 T SEQ. NO. 007 Printed in U.S.A. Page 001 ( CONTINUED ON NEXT PAGE) Process Date: 02/22/17 Expiration Date: 05/06/18 Page 16 of 24 Form SS 00 08 04 0 5� \\othnnd 1. nnununicaboro Inc r BUSINESS LIABILITY COVERAGE FORM Put.u'\ 72sei.ve4�27 1711U 11% 1: D IFid. tE 00 21117 N,6506201s This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this a which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows. underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c. No person or organization has a right under below. this Coverage Form: a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured: but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for "property and any rights or duties specifically assigned damage" to premises rented to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner: insurance applies: (4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured, and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom "suit" the extent not subject to Exclusion g. of a claim is made or is brought. Section A. —Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 0 5�