HomeMy WebLinkAbout13 - PSA for Balboa Yacht Basin Management ServicesQ �EwPpRT
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<,FORN'P City Council Staff Report
February 23, 2021
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Carol Jacobs, Assistant City Manager - 949-644-3313,
cjacobs@newportbeachca.gov
PREPARED BY: Melanie Franceschini, Administrative Analyst
mfranceschini@newportbeachca.gov
PHONE: 949-644-3028
TITLE: Professional Services Agreement with BellPort Group, Inc. for
Balboa Yacht Basin Management Services
ABSTRACT:
The Harbor Department issued a Request for Proposals (RFP) for Balboa Yacht Basin
(BYB) management services on November 17, 2020. The City of Newport Beach (City)
received two responses from experienced harbor management firms. Staff recommends
City Council award the Professional Services Agreement for Balboa Yacht Basin
Management Services to BellPort Group, Inc.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a 3 -year Professional Services Agreement with BellPort Group, Inc. to
manage the Balboa Yacht Basin, with the option for two, one-year renewals at a
not -to -exceed cost of $866,000.00, and authorize the Mayor and City Clerk to execute
the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract. It will be
expensed to the Property Management account in the Harbor Department, 10045451-
811001.
DISCUSSION:
The Balboa Yacht Basin (BYB) is a City -owned marina located at 829 Harbor Island Drive,
Newport Beach. The facility provides 172 slips for vessels ranging from 31 to 75 feet in
length. On-site amenities include fresh water and electrical hook ups, slip -adjacent dock -
box storage, pumpout facilities, restrooms, showers, parking, and security cameras.
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Professional Services Agreement with BellPort Group, Inc. for
Balboa Yacht Basin Management Services
February 23, 2021
Page 2
Professional management services required for BYB include maintaining boat slip and
rental garage tenancy, keeping up-to-date rental agreements, managing the waiting list,
enforcing rules, and delivering excellent customer service. Additional services required
include daily upkeep of the premises, inspecting the City's on-site vessel pumpout station,
and regular inspections of the property to advise City staff of needed repairs to buildings,
sidewalks, parking, docks, etc. whenever operational standards could potentially be
impacted.
The City has contracted out the day-to-day operations of the BYB facilities since 2010.
Basin Marine, Inc. has held the contract since 2011. The current contract ends in February
2021.
As is the practice of the City, RFP No. 21-25 was distributed to multiple firms and publicly
posted on November 17, 2020, with a due date of December 17, 2020. Two firms, Basin
Marine, Inc. and BellPort Group, Inc. submitted responses. Evaluations were conducted
by a panel of three (3) City staff members using a qualifications -based selection (QBS)
process. Each proposal was scored on a combination of experience and qualifications
(60% of total score) and cost (40% of total score). Selection criteria included:
• Qualifications and experience of the Proposer;
• Proposer's demonstrated experience and subject matter expertise in providing
management services;
• Proposer's ability to deploy and provide services as requested in the Scope of
Services; and
• Recent references from local clients with particular emphasis on local government
and/or large property clients.
Evaluation Scores:
Proposer
Annual Cost
5 -Year
Cost Score
Technical
Aggregate Total
(Out of 40)
Score
(Out of 100)
Cost
(Out of 60
Basin
$223,200.00
$1,116,000
29.10
52.40
81.50
Marine, Inc.
BellPort
$156,000.00
$811,830
40.00
54.40
94.40
Group, Inc.
Basin Marine, Inc. has effectively managed BYB for the City since 2011; however,
BellPort Group, Inc. provided a proposal that demonstrated a thorough understanding of
the requirements of the RFP, including record keeping and coordination with the City, in
addition to their strong background in customer service, experience working with
government -run marinas, and extensive knowledge of Newport Harbor.
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Professional Services Agreement with BeIlPort Group, Inc. for
Balboa Yacht Basin Management Services
February 23, 2021
Page 3
BeIlPort Group, Inc. has managed several marinas in Newport Harbor. Its management
portfolio in Newport Beach included Lido Yacht Anchorage, Lido Dry Stack, Lido
Peninsula, Balboa Marina, Bayside Marina, Bayshore Marina, Villa Cove Marina and
Balboa Yacht Club. In addition to local private marinas, the company has managed
marinas in other parts of the state including San Diego, Marina del Rey, Ventura and the
Bay Area. Outside of California, Bellport Group, Inc. has managed marinas in Orca Island,
Washington and La Paz, Mexico.
With regard to their experience with government -run marinas, BeIlPort Group, Inc. was
awarded contracts for Berth 44 Shipyard and Cabrillo Way Marina in Los Angeles. Most
recently, they were awarded a 66 -year contract with the County of Orange for the
management of The Marina at Dana Point, which consists of 2,500 slip tenants, 460 dry
storage tenants and a launch ramp facility. The operational responsibilities at Dana Point
are very similar to those listed in the City's RFP for BYB.
BeIlPort Group, Inc. is based in Newport Beach, with an office on Newport Center Drive
and another office on Shipyard Way at the Newport Harbor Shipyard. Its staff consists of
long-time Newport Beach residents, familiar with the boating community. And, in addition
to BeIlPort Group, Inc.'s marina management experience, its sister company, Bellingham
Marine, helped build BYB in the 1980s, providing them with unique knowledge of the
marina, the dock systems and its maintenance requirements.
Recognizing that BYB is a full marina, with little tenant turnover and rare vacancies, it is
important to keep the marina clean and maintained, with frequent daily inspections.
Proposed staffing plans for BYB include a director, operations manager, office
administrator and a maintenance/janitorial coordinator:
• The director will be on-site four days a week, spending two hours a day walking
the marina and thoroughly inspecting the premises. Additional on-site
responsibilities will include building and maintaining relationships with tenants and
leading the BeIlPort Group, Inc. staff at BYB. They will also serve as the primary
project contact for the City.
• The operations manager will be on-site five days a week, four hours a day. They
will be the hands-on manager responsible for tenant relations, daily facilities
inspection, leases and waitlist management. The operations manager will also
direct the office administrator and maintenance/janitorial coordinator.
• The office administrator will process slip license agreements and assist with the
collections process, five days a week from the contractor's Newport Center office
location.
• The maintenance/janitorial coordinator will be on-site seven days a week, four
hours a day. They will provide general dock and pump -out inspections, trash
removal, restroom cleaning, general maintenance coordination and premise
clean-up.
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Professional Services Agreement with BeIlPort Group, Inc. for
Balboa Yacht Basin Management Services
February 23, 2021
Page 4
BeIlPort Group, Inc. has indicated that they prioritize customer service; therefore, if
tenants are in need of service outside of business hours or should an emergency occur,
BeIlPort Group, Inc. will have an after-hours phone service line that will respond
immediately to emergencies and urgent requests. Staff live locally in Newport Beach and
will be able to quickly respond to any emergency and urgent calls received. For a
non -urgent situation, BeIlPort Group, Inc. will respond within 24 hours.
Allocation of regular on-site hours are flexible (to reflect seasonal demand, daily demand
or adjusted for customer service levels) and will be mutually agreed upon between the
City and BeIlPort Group, Inc. The proposed staffing plan mirrors that of the incumbent
provider.
Recognizing the importance of an on-site presence, the City will provide BeIlPort Group,
Inc. with a designated space on the BYB property to serve as an office. This space is
currently set up as a workshop/storage area, therefore the proposed agreement includes
a one-time, not -to -exceed allowance of $8,000 for BeIlPort Group, Inc. to perform the
necessary improvements to create a fully functioning on-site administrative headquarters.
All improvements will need pre -approval from the City. In addition to the on-site staffing,
in-person office hours will also be held five days a week, Monday through Friday at
610 Newport Center Drive, Suite 490, Newport Beach. The marina office is less than a
mile from the Civic Center and less than three miles from Balboa Yacht Basin. Tenants
will always be welcome to contact the office via phone and email as well.
In terms of cost, BeIlPort Group, Inc.'s total proposed monthly charges for management
services is $13,000, significantly lower than the competing proposal of $18,600 a month.
While the cost proposal from BeIlPort Group, Inc. calls for an annual Consumer Price
Index (CPI) adjustment, something that was not requested by the competing proposal,
this pricing represents an approximate annual cost savings of between $54,340 and
$67,200 a year for the Harbor Department, depending on finalized CPI adjustment
amounts.
Based on the evaluation of experience, references, pricing and understanding of
management requirements, BeIlPort Group, Inc. was selected as the most qualified firm
and is being recommended to provide BYB management services.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Professional Services Agreement with BeIlPort Group, Inc. for
Balboa Yacht Basin Management Services
February 23, 2021
Page 5
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement with BeIlPort Group, Inc. for Balboa
Yacht Basin Management Services
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ATTACHMENT A
7J-0
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH BELLPORT GROUP INC. FOR
BALBOA YACHT BASIN MARINA MANAGEMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 23rd day of February, 2021 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and BELLPORT GROUP INC., a Delaware corporation ("Consultant"), whose address is
610 Newport Center Drive, Suite 490, Newport Beach, California 92660, 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 desires to engage Consultant to furnish all labor, equipment, materials and
supervision to manage the Balboa Yacht Basin ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on February 22, 2024 ("Initial Term"), unless terminated earlier as set forth
herein. City shall have the right to exercise two (2) additional one-year consecutive term
extensions. Should City wish to exercise its option to extend, City shall notify Consultant
in writing of such extension no less than 10 calendar days of the prior term end date.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Seventy Six
Thousand Dollars and 001100 ($476,000.00) for the Initial Term, 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. If the City exercises the option(s) to
extend the Initial Term, each additional one-year extension shall not exceed One
Hundred Fifty Six Thousand Dollars and 001100 ($156,000.00) per extension term.
4.2 Consultant's compensation shall in no event exceed the total amount of the
Initial Term plus the two optional term extensions, if exercised by City, as outlined in
Exhibit B attached hereto and incorporated herein, plus any Consumer Price Index
adjustments, for a total not to exceed amount of Eight Hundred Sixty Six Thousand
Dollars and 001100 ($866,000.00).
4.3 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
Bellport Group Inc. Page 2
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maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.4 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,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.5 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.6 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
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 Ralph Grippo 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.
Bellport Group Inc. Page 3
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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.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Harbor Department. City's
Harbormaster or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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
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
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and 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, 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.
Bellport Group Inc. Page 4
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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,
attorneys' 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, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
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 attorneys' 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 Consultant.
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. No civil
service status or other right of employment shall accrue to Consultant or its employees.
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 of the Work 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.
Bellport Group Inc. Page 5
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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 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.
14. INSURANCE
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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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 co -tenancy, 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.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information 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.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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 expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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
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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 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 Section 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 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Harbormaster
Harbor Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Ralph Grippo
Bellport Group, Inc.
610 Newport Center Drive, Suite 490
Newport Beach, CA 92660
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government 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
Bellport Group Inc. Page 9
13-15
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
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 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 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
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13-16
28.8 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.
28.9 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, State of California.
28.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 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 (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Bellport Group Inc. Page 11
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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: 2 % / of/ 2 Gr- j
By C r
Aaroin C. Harp
City Attorney
ATTEST:
Date:
Ac
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Bellport
Delaware corporation
Date:
in
Leilani I. Brown Joseph J. Ueberroth
City Clerk Chief Executive Officer
Date:
By:
Brian Schaefgen
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Group Inc., a
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13-18
EXHIBIT A
SCOPE OF SERVICES
Consultant shall furnish all labor, equipment, materials and supervision to manage the
Balboa Yacht Basin ("BYB"), as described herein.
Marina Administration
Consultant shall manage BYB as a Clean Marina
(information located https://cleanmarina.org/program-manual-marina.html).
2. Consultant shall cooperate with the City's Newport Bay Copper Reduction
Program at the BYB. (Information located at www.coastkeeper.org).
3. Consultant shall annually review marina operations with the City's Code and Water
Quality Enforcement staff and implement their recommendations regarding water
quality maintenance and improvement.
Marina Operations Management
Consultant shall oversee day-to-day marina operations and services including slip
and garage rentals.
2. Consultant shall provide excellent customer service to current tenants, slip renters,
and the general public.
3. Consultant shall maintain monthly updates with Harbor Department staff on the
status of the marina and coordinate closely with the Finance Department on tenant
status (move-in/out).
4. Consultant shall maintain the following waitlists: waitlist for new boaters interested
in slips; waitlist for tenants interested in intra -marina slip transfers; waitlist for
garage. Consultant shall collect and accept applications and deposits as directed
by the City.
5. Consultant shall ensure that the terms of the various slip and garage rental
agreements are adhered to by the respective tenants.
6. Consultant shall review slip and garage renter files to ensure that the required
insurance is up to date and meet the City's insurance requirements, and that the
renters provide annual evidence that the Coast Guard documented vessel or
Department of Motor Vehicles (DMV) registration is in the name of the slip renter.
7. Consultant shall review slip renter files to ensure that the latest lease and records
for each slip are on file.
8. Consultant shall ensure that the marina rules and regulations are provided to each
new tenant and adhered to during their tenancy.
Bellport Group Inc. Page A-1 13-19
9. Consultant shall attempt to resolve all tenant versus tenant disputes, and advise
City of the nature of the dispute and resolution. If the dispute is not resolvable,
Consultant shall defer to the City for final determination.
10. Consultant shall prepare a newsletter, produced on no less than a quarterly basis,
to remind slip and garage renters of rules and regulations (especially those that
during the last quarter were frequently violated) and to reinforce Clean Marina
related issues.
11. Consultant shall review the rules and regulations on a yearly basis and submit any
suggested changes to the City for approval.
12. Consultant shall conduct daily inspections of docks, garages, restrooms, parking
lot, grounds and trash enclosures to maintain safety and cleanliness.
13. Consultant shall keep dock carts in order.
14. Consultant shall ensure trash bins and enclosures are clean, swept and free of any
hazardous materials.
15. Consultant shall contact City or approved City contractor for proper disposal of
hazardous waste, and retain associated records and waste manifests.
16. Consultant shall inspect restrooms daily for cleanliness. Replace restroom
supplies as needed. (Does not include janitorial services.)
17. Consultant shall routinely check operation of the City's public pump out facility
located on premises. Report to the City when pump out is inoperable or otherwise
needs service.
18. Consultant shall prepare a line item list (including estimated cost) of significant
(greater than $1,000) repair and maintenance items to be considered by the City
in advance of their annual budget review process in November.
19. Consultant shall coordinate maintenance activity with City and with contractors for
repairs and maintenance.
20. Consultant shall inspect all sidewalks around the bulkhead for settling on at least
a semiannual basis and report any sidewalk settling over one half inch to the City
for further review and/or replacement.
Billing and Rent Collection
Consultant shall collect the first month's rent upon execution of City's lease
agreement. First month's rent shall be pro -rated from City's fee schedule should
the commencement date fall on a day of the month other than the first day of such
Bellport Group Inc. Page A-2 13-20
month. Upon receipt, Consultant shall forward payment to the City's Revenue
Division.
2. All other billings and collection services shall be provided by the City, however,
Consultant shall assist the City, to the best of their ability, to collect past due
amounts from slip and garage tenants. Consultant shall also collect a pre-
determined wait list fee from prospective tenants if slips are not available, in
addition to assisting the City in collecting reimbursement from tenants if any
damage were to occur to City property.
3. City will be responsible for management and billing of City -Owned Apartment
Units.
Record Keeping and Reporting
1. Consultant shall maintain confidentiality of records including tenancy, disputes and
tenant information. Maintain accurate records and assist City in collection of debts.
2. On a quarterly basis, Consultant shall produce reports to the City indicating
performance metrics at the Balboa Yacht Basin, including but not limited to: rent
collection, disputes, maintenance and repair projects, and overall activity. The
precise metrics, form and content are subject to final approval by the City's Project
Manager. If needed, City may request reporting be conducted monthly.
Staffinq
1. Consultant shall provide the following staffing for the provision of the services
described in this Agreement:
• Director
o On-site four (4) days each week.
■ During each of these days, two (2) hours are to be spent
performing regular walks and inspection of docks,
vessels and entire premise.
o Build and maintain relationships with tenants.
o Serve as the primary project contact for City.
o Hire, lead, train and inspire staff.
• Operations Manager
o On-site five (5) days each week.
■ During each of these days, maintain presence at site for
four (4) hours each day.
■ On-site hours to fall between 8 a.m. and 5 p.m.; exact
hours to be flexible upon mutual agreement between City
and Consultant.
o Hands-on manager responsible for tenant relations.
Bellport Group Inc. Page A-3 13-21
o Daily inspections of docks, vessels and all portions of premise.
o Manage lease and waitlist process.
o Directs Office administrator and maintenance/janitorial
coordinator.
• Office Administrator
o Provides remote access from Consultant's Newport Center
office location.
o Remote role five (5) days each week, two (2) hours each day
(from Newport Center office location).
o Process Slip license agreements.
o Assist with collections process.
• Maintenance/Janitorial Coordinator
o On-site seven (7) days a week.
o On a daily basis, maintain presence at site for four (4) hours
each day.
■ On-site hours to fall between 8 a.m. and 5 p.m.; exact
hours to be flexible upon mutual agreement between City
and Consultant.
o General dock inspections.
o Trash removal.
o Restroom cleaning.
o Pump out inspections.
o General maintenance coordination and clean up on premise.
2. Allocation of hours, although flexible, may only be changed (for example, to reflect
seasonal demand, daily demand or customer service levels) upon mutual
agreement of City and Consultant.
After -Hours Service
1. Consultant shall provide a telephone number that shall serve as tenants' primary
point of contact to request management services during hours in which on-site
service is not available.
a. For emergency situations, Consultant shall respond immediately and advise
any public safety agencies (i.e. Police and Fire) as needed.
b. For non -emergency situations, Consultant shall respond within 24 hours.
On -Site Workspace
1. In order to successfully perform the oversight duties described in this Agreement,
it is critical that Consultant be physically located on site at the Balboa Yacht Basin.
To accommodate this, City shall provide a workspace at the Balboa Yacht Basin
Bellport Group Inc. Page A-4 13-22
for Consultant to use as an on-site center of operations. Consultant will not be
required to compensate City for use of this space. This workspace shall only be
used by Consultant to perform the services described in this Agreement and shall
not be used in the course of conducting any other business by Consultant.
Bellport Group Inc. Page A-5 13-23
EXHIBIT B
SCHEDULE OF BILLING RATES
Consultant shall provide management services at the Balboa Yacht Basin in accordance
with the following Schedule of Billing Rates:
Contract Services:
Services/Staff
Monthly Billable Rate:
Director
$4,000
On -Site Operations Manager
$5,000
Office Administrator
$1,500
Maintenance/Janitorial Coordinator
$1,500
Administrative/Operations Costs
$1,000
Total Monthly Billable Rate:
$13,000
Total Annual Billable Rate:
$156,000
Workspace Tenant Improvements:
Upon execution of this Agreement, Consultant shall be provided access to a workspace
on-site at the Balboa Yacht Basin. This Agreement provides a one-time, not -to -exceed
("NTE") allowance for Consultant to perform necessary tenant improvements to the
designated workspace as to ensure the availability of a fully functioning on-site
administrative headquarters.
Only expenses approved by the City shall be reimbursed using this allowance. Written
approval from the City must be secured by Consultant prior to the procurement of any
materials or commencement of services related to reimbursable tenant improvements
Tenant Improvement Allowance $8,000
Contract Compensation Summary:
Year 1
$156,000
Year 2
$156,000
Year 3
$156,000
Bellport Group Inc. Page B-1 13-24
Optional Year 4
$156,000
Optional Year 5
$156,000
Tenant Improvement Allowance
$8,000 (NTE)
Total 5 Year Compensation (Initial and
Optional Terms)
$788,000
Consumer Price Index Adjustments Not
To Exceed Amount
$78,000
Total Agreement Not To Exceed
Amount
$866,000
Bellport Group Inc. Page B-2 13-25
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. 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. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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 each accident.
Bellport Group Inc. Page C-1 13-26
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Bellport Group Inc. Page C-2 13-27
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Riqht to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
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H. 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, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's 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.
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