HomeMy WebLinkAbout13 - PSA for a Redesign of the City's Website, Content Management System and HostingQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 23, 2025
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Lorig Yaghsezian, Management Analyst - 949-644-3028,
laghsezian@newportbeachca.gov
TITLE: Professional Services Agreement with Planeteria Media LLC for a
Redesign of the City's Website, Content Management System and
Hosting
ABSTRACT:
Staff recommends the City of Newport Beach enter into a professional services
agreement (PSA) with Planeteria Media LLC of Santa Rosa, CA for a redesign of the
City's website, content management system (CMS) and hosting. This includes the main
City website, staff intranet, Police Department and Library sites. The firm was selected
after a detailed Request for Proposals (RFP) process. The recommended agreement is
for an initial two-year term, with three optional one-year extensions, for a total
not -to -exceed cost of $151,300.
RECOMMENDATIONS:
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;
b) Approve the professional services agreement with Planeteria Media LLC of Santa
Rosa, CA for a redesign of the city's official websites and hosting services for an initial,
approximately two-year term, ending October 1, 2027 with three additional one-year
extensions and a total not to exceed amount of $151,300, and authorize the Mayor
and City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 26-030 appropriating $151,300 in increased
expenditures in the IT Replacement Fund, Account No. 7657650-911027-ITCMS from
the IT Replacement Fund's unappropriated fund balance.
DISCUSSION:
Background
In 2014 the City entered a PSA to provide an upgrade to the City's CMS and annual
maintenance with Vision Internet providers, Inc.
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Professional Services Agreement with Planeteria Media LLC for a Redesign of the
City's Website, Content Management System and Hosting
September 23, 2025
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This partnership was intended to modernize the City's online infrastructure, improving
functionality and accessibility for both City staff and residents. Since the completion of
this agreement, the City has not undertaken a major redesign of its website for nearly a
decade. In that time, technology has rapidly advanced, and the needs of the City's online
presence have evolved. The website's outdated design and functionality now hinder its
ability to effectively serve users in the way that modern technology demands.
As a result, the website has become outdated and no longer fully meets the evolving
needs of its users. This redesign will provide a more intuitive, modern interface, ensuring
that residents, staff and visitors can easily access important City resources. In addition,
the new site will improve ADA accessibility, ensuring it is fully compliant with modern
advisability standards.
Request for Proposals and Evaluation
Staff developed an RFP with a scope of services detailing the required website redesign
expertise and services. The RFP was published on January 6, 2025 when it was posted
on the City's electronic public procurement platform, PlanetBids, and distributed directly
to known consultants providing these services. The RFP submission deadline was
February 21,2025 and the process yielded 21 proposals.
This RFP was evaluated in two phases. Phase 1, the Technical Evaluation, involved an
evaluation panel consisting of staff from the City's Police Department, IT, Library and City
Manager's Office reviewing each proposal and rating them on the following technical
factors:
• Qualifications and experience of the vendor;
• Demonstrated understanding of the technical and functional needs of the sites;
• Ability to performs all services requested in the Scope of Services;
• Comprehensive plan for ongoing maintenance, support and training.
The RFP instructed proposers that only those proposals earning a minimum of 70% of
the available points from Phase 1 would be eligible to advance to Phase 2, the Cost
Evaluation, in which the City's Purchasing staff would compare and calculate the costs
from each proposal. Of the 21 proposals received by the City, three qualified to advance
to the Cost Evaluation phase. Interviews were conducted with the finalists to augment the
evaluation panel's findings. The results of the panel scoring are provided in the following
table.
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Professional Services Agreement with Planeteria Media LLC for a Redesign of the
City's Website, Content Management System and Hosting
September 23, 2025
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Proposer
Planeteria Media
CivicPlus, LLC
MIG, Inc.
LLC
Phase 1: Technical
Review
4200
3720
2920
Maximum 4800
Phase 2: Cost Review
1200.00
693.29
301.72
Maximum 1200
Total Score
5400.00
4413.29
3221.72
Maximum 6000
Overall Rank
1
2
3
The RFP asked proposers to provide detailed cost information for services rendered. In
Phase 2 (the Cost Review) of the RFP evaluation, Purchasing Division staff members
compared the proposed monthly retainers from each of the finalists and assigned points
to each proposer wherein the proposal with the lowest cost would receive the maximum
of 1200 points and each subsequent proposal would receive points proportional to the
difference in cost. The results of the Cost Review are included in the table.
Planeteria Media LLC was rated as the top proposer for the website redesign by the
evaluation panel, based on their proposal's content, strategic approach to the project,
design capabilities and experience in developing public agency websites, as well as the
interview conducted with their team.
Planeteria Media LLC has extensive experience working with municipalities, having
developed websites for numerous cities, counties and public agencies. Their expertise
includes designing ADA-compliant, mobile -responsive websites that enhance user
experience and accessibility. They offer flexible CMS solutions, primarily using
WordPress and Drupal, which are well suited to the City's needs. Their team also provides
comprehensive content support, working closely with clients to ensure smooth content
migration and organization. Their proven track record of delivering secure,
high-performance websites, combined with a focus on collaboration and client service,
makes them well-equipped to support the City website redesign project.
Should the City Council approve the PSA, the team for this project would be Laura Ali,
Kim Sawyer Egir, Katie Thomas and Jacquelynn Lozano. Ms. Ali, the Senior Project
Manager, will lead the team with over 12 years of experience in website-based project
management. Ms. Egir, the Lead Visual Designer, brings 15 years of expertise in
Graphic Design and User Experience, having designed intuitive user interfaces for
municipal clients. Ms. Thomas, the Content Lead, specializes in content strategy,
migration, and storytelling, ensuring clarity and consistency with clients. Ms. Lozano, the
Technical Project Manager, oversees the technical aspects of the project, with strong
experience in WordPress development, API integrations, and accessibility.
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Professional Services Agreement with Planeteria Media LLC for a Redesign of the
City's Website, Content Management System and Hosting
September 23, 2025
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FISCAL IMPACT:
The IT Replacement Fund (Fund 765) has reserves of approximately $11.2 million, which
are available to cover the proposed budget amendment of $151,300. The initial website
launch is priced at $92,300. Optional website hosting for five years is available for
$32,000. CMS licensing is required for two years, with years one and two costing $10,800,
and years 3 through 5 priced at $16,200, totaling $27,000. All project -related costs will be
charged to the IT Replacement Expense Account 7657650-911027-ITCMS.
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.
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 — Professional Services Agreement
Attachment B — Budget Amendment No. 26-030
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ATTACHMENT A
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH PLANETERIA MEDIA LLC FOR
WEBSITE REDESIGN
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 23rd day of September, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and PLANETERIA MEDIA LLC, a California limited liability company
("Consultant"), whose address is 100 Stony Pt, SE 240, Santa Rosa, CA 95401, 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 provide City Website Redesign, Content
Management System Selection and Hosting ("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
continue for a period of two years. The City shall have the option to renew this Agreement
upon written notice to Consultant for up to three (3) additional one (1) year terms, upon
the same terms and conditions set forth herein, with each additional term commencing
upon the expiration of the immediately preceding term.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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
One Hundred Fifty One Thousand Three Hundred Dollars and 001100 ($151,300.00),
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.
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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,
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.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Tyler Coffin 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.
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 City Manager's Office/IT. City's IT
Manager & Public Information Officer 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.
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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.
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,
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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 orwillfui 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.
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.
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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 and the Letter Proposal. 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.
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.
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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
r
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
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
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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
seg., 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.
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: IT Manager
City Manager's Office/IT
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tyler Coffin
Planeteria Media LLC
3195 Camino Colorados
Lafayette, CA 94549
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment underthis 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
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.
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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.
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.
Planeteria Media LLC Page 10
13-14
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]
Planeteria Media LLC
Page 11
13-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: /2-5
By-
A ron G. Harp
City Attorney
ATTEST:
Date:
By:
Molly Perry
Interim City Cleric
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONSULTANT: PI_ANETERIA MEDIA
LLC, a Californilimited liability company
Date: g f 9 24.
By:
Sande ehta
Member
Date: q /,I ! 24-
Renu Chadda
Member
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C -- Insurance Requirements
Planeteria Media LLC Page 12
13-16
EXHIBIT
SCOPE OF SERVICES
Planeteria Media LLC Page A-1
13-17
SCOPE OF SERVICES
Objective:
Consultant shall provide a comprehensive redesign of the City's official website
(www.newportbeachca.gov), a redesign of the internal website for staff ("Intranet"), an
implementation of a new Content Management System (CMS), and website hosting services.
Minimum Qualifications:
CMS Solution Minimum Qualifications
• Minimum five (5) years operating in a production environment and supporting
government websites.
• The hosted solution's data center is located in the United States.
Consultant Minimum Qualifications
• Minimum of three (3) successful implementations of the proposed CMS within the past
three (3) years for government agencies.
• Minimum of three (3) demonstratable government agency website design projects within
the past three (3) years.
General Minimum Qualifications
Meet the insurance requirements detailed in this RFP document.
Consultant shall maintain a City of Newport Beach business license during the term of
this Agreement.
Description:
Consultant shall propose enhancements or alternative approaches to improve the website's
performance, usability, or maintainability while still meeting the City's overall objectives. The City
of Newport Beach's primary website objectives are:
• Represent residents, visitors, businesses, and City departments.
• Showcase our community and highlight the advantages of living, recreating, and working
in the City.
• Meet the needs of all users by providing 24x7x365 access to information and services.
• Provide a responsive design with relevant and timely content.
• Promote local government transparency.
• Be adaptable to the changing needs of our community and be ADA Compliant.
City of Newport Beach Website Inventory
• NewportBeachCA.gov — City's primary public -facing website.
• NBPD.org — Police Department website
• NewportBeachLibrary.org — Newport Beach Public Library website.
• StaffWeb.NewportBeachCA.gov — Staff Intranet Site
13-18
SCOPE OF SERVICES
Consultant shall perform the following tasks:
1. Document Business Requirements
Scope: NewportBeachCA.gov, StaffWeb.NewportBeachCA.gov
a. Interview stakeholders, City leadership team, Website Liaison Team, and staff to define
business requirements and objectives.
b Survey City residents and businesses.
c Identify gaps in the proposed CMS based compared to the RFP scope requirements and
propose a resolution plan.
d. Data analysis of existing website uses and trends.
e. Other research recommended by the vendor.
2. Implement a Hosted CMS Solution
a. Implement and host the City's three public -facing and one internal -facing websites.
b. Provide initial training classes and training materials to ensure content owners, editors,
and managers are proficient in the new CMS.
c. Conduct final review, testing, and quality assurance.
3. Design a New City Website & Staff Intranet
Scope: NewportBeachCA.gov, StaffWeb.NewportBeachCA.gov
a. Outline a recommended digital marketing and content strategy framework, including the
specification of primary objectives, recommended structure of site content, suggestions
around keeping, rewriting, or archiving existing web content, a new content style guide,
and samples of web -optimized templates.
b. Develop wireframes (diagrams outlining the structure and navigation of the new web
pages). Prototype development must be an iterative and collaborative process between
the Consultant and the City.
c. Develop website style guidelines, including image size, content development, and
website copy best practices.
d. Identify and inventory outdated City website content for data migration exclusion.
e. Develop new Website templates, layouts, and content types.
f. Design a simple, low -text design featuring a search function and prioritizing accessibility
and mobility. The site creation should include responsive templates, fluid grids,
navigation, redesign, taxonomy, site map, and image adjustments.
g. Meet California Open Data requirements
(http://leginfo.legislature.ca.gov/faces/bilINavClient,xhtml?bill_id=201520160AB169)
4. Migrate Content and Files to New CMS
Scope: NewportBeachCA.gov, NBPD.org, NewportBeachLibrary.org,
StaffWeb. NewportbeachCA.gov
a. Develop a plan to migrate, import, and populate content from the City's three public -
facing websites in the new CMS.
b. Implement migration tools to minimize manual migration processes and expedite the
implementation schedule.
c. Migrate websites to new CMS.
13-19
SCOPE OF SERVICES
d. Migrate existing news/notification subscribers to the new notification system within the
proposed CMS.
e. Migrate existing files from the legacy CMS file repository to the proposed CMS solution.
5. Host and Support the New CMS
Scope: NewportBeachCA.gov, NBPD.org, NewportBeachPublicLibrary.org,
StaffWeb.NewportBeachCA gov
a Provide ongoing CMS infrastructure, versioning, and technical support.
b. Ensure website performance and stability — The hosted CMS shall have a Service Level
Agreement that assures availability of > 99.99%, average page response of < 2 seconds
, and < 60-minute recovery from any outage, including disaster.
c. The system must ensure robust protection against common security vulnerabilities (such
as those outlined in the OWASP Top 10) and guarantee data security, uptime, and
recovery speed. Consultant shall provide their preferred security measures and
frameworks to meet these goals.
d. Apply critical security updates within 48 hours of release and non -critical updates within
30 days of release.
e. Protect the website against Distributed Denial of Service (DDoS), screen scraping, and
other cyberattacks, and should be able to detect and mitigate malicious traffic.
f. Apply SSL certificates. The City uses wildcard SSL cert to support
*,newportbeachca.gov, `nbpd.org,*.newportbeachpubliclibrary.org. The proposed
solution shall integrate with City wildcard certificates.
g. Provide and support a high availability design and disaster recovery pian(s).
CMS Minimum System Requirements
The proposed CMS shall support the following functions and features:
1, Website Accessibility & Compliance Reporting. The new website must meet and easily
be maintained in adherence with all federal and state guidelines for web accessibility for
all audiences, including those with visual impairment, hearing impairment, and any other
protected class of individuals with a disability.
2 Alerts & Notifications - Display alerts prominently on the website with notifications sent
via email and text messaging to subscribers.
3. Customized Content Views — Users of the City website should be able to log in and
customize their experience. i.e., Live, Work, Play
4, Browser -Based Administration - Update, delete, and create content from any device with
internet access.
5. Browser Compatibility — Ensure the CMS supports modern and widely used browsers on
mobile and desktop platforms, including the latest versions of Apple Safari, Google
Chrome, Microsoft Edge, Mozilla Firefox, and their successors.
6 Calendar - Update/publish calendars for departments/categories with a main calendar to
display all events.
7. Customizable Forms - Allow for citizen feedback via customizable forms.
8. Content Scheduling - Set dates for content to automatically publish and expire.
9. Document Center - Upload/download capability for files up to 2GB, back -end ability to
search within published and unpublished documents.
10. E-Notifications - Electronic subscription, scheduled notifications for email and SMS
13-20
SCOPE OF SERVICES
11. Frequently Asked Questions - Ability to categorize FAQs by department or page.
12. Levels of Rights/Permissions — Allow City system administrators to establish levels of
rights for staff to update/manage/access content based upon roles.
13. News & Announcements - Post news releases or updates dynamically to relevant pages
based on category.
14. Centralized image, photo, and video libraries for managing website assets.
15. Automatically resize images, photos, and videos into web -friendly sizes. Preferably
during the upload process.
16. The ability to create photo albums/galleries that can be embedded into web pages with
captions.
17. Responsive Web Design - Fully mobile responsive design. The site should adjust to the
screen size of all devices it is being viewed on, including forms, calendars, etc.
18. Search Engine Optimization (SEO) — Content editors should have the ability to
customize the SEO of each page, such as meta tags.
19. Integrated search engine that can index managed content. Preferably, City staff should
be able to rank, weigh, or prioritize relevant content for higher prominence in search
results.
20. Support searches across all content types (e.g., News, calendar, webpages, images,
video, etc.) and federated searches of sub -sites.
21. Site Statistics - Analytics and site audit reports. The site should be able to utilize Google
Analytics or similar.
22. Social Media Interface - Display social media feeds and content.
23. Emergency alert — banner on homepage function.
24. Versioning — Access to view and revert to prior content versions (version history).
25. LDAP integration with the City's Active Directory for administrators and content editor
authentication and access.
26. Ability to embed third -party sites into an iFrame.
27. Ability to generate reports on broken links and broken images. The system shall be able
to search for and repair broken links.
28. Ability to restrict users to a specific geographic region and block IP addresses for
security purposes.
29. Role -based security that limits access and functionality at the web property and content
group level.
30. Workflow for approvals of content changes and publishing.
31. Custom Widgets/Plugin/Module -- Support the ability for City staff to create and integrate
custom modules, widgets, or plugins, allowing for the extension of functionality within the
CMS without requiring vendor assistance.
32. API Integration - The CMS must provide robust and well -documented API integration
with external applications and services, allowing programmatic access to content, user
management, and other key functionalities.
33. Ability to create friendly or customized URLs that redirect to internal or external web
content.
34. Ability to manage multiple websites/web properties, with each site having a dedicated
domain name.
13-21
SCOPE OF SERVICES
Project Deliverables
1. Project Plan
2, Business Requirements
3. Training Plan and Supporting Documents
4. Website Style Guidelines Document
5. API Documentation
13-22
EXHIBIT B
SCHEDULE OF BILLING RATES
Planetefia Media LLC Page B-1 13-23
COST FILE
PRICING
PROJECT SERVICE
NUMBER OF
HOURS
HOURLY COST
TOTAL COST
Project Planning
$
$
115
130
14,950
Website Design
130
$130
$ 16,900
Website
Developmentlim plementation,
370
$130
$ 48,100
CMS Configuration and
Content Migration
Testing, Training and Go -Live
95
$ 130
$ 12,350
HOSTING SERVICE
COST
Website Hosting (Year 1) OPTIONAL
$
6,300
Website Hosting (Year 2) OPTIONAL
$
6,300
Website Hosting (Year 3) OPTIONAL
$
6,450
Website Hosting (Year 4) OPTIONAL
$
6,450
Website Hosting (Year 5) OPTIONAL
$
6,500
CMS LICENSING
No Licensing Fee
COST
Managed Maintenance Fee
CMS Licensing (Year 1)
$
5,400
Support/Managed Maintenance Fee
CMS Licensing (Year 2)
$
5,400
Support/Managed Maintenance Fee
13-24
COST FILE
CMS Licensing (Year 3) OPTIONAL $
Support/Managed Maintenance Fee 5,400
CMS Licensing (Year 4) OPTIONAL
Support/Managed Maintenance Fee
CMS Licensing (Year 5) OPTIONAL
Sumort/Manaaed Maintenance Fee
5,400
Al Chat/Search Set Up Fee $3,000 Annual Fee $3,600
E-Alerts Set Up Fee $3,000 Annual Fee $1,200
13-25
Pianeteria Media
Date: 1ebruary20,2025
Customer ID: NEWPORT BEACH
TO:
City of Newport Beach
100 Civic Center Drive, Newport Beach, CA 92660
E: stormey®newportbeochca.gov
Description
Discovery
30
$ 130.00 $
3,900.00
1
Questionnaire & Documents
5
130
650.00
Kickoff
15
1 3n
1,950,00
Moodboord
10
130
7,300.00
Information Architecture
85
$ 130.00
11,050.00
2
Siternap & Page Types
35
130
4,550.00
Wirefromes (Ail Page Typesi
50
130
6,500.00
Visual Design
130
$ 130.00
16,900.00
3
Website Style Guide: Colors, & Typography
40
130
5,203.00
All Page Design Mockups
90
130
t 1.7D0.00
Content Strategy & Migration
180
S 130.00
23,400.00
4
Mapping Content & Content Workbooks
40
130
5,200.00
Content Curot€on
110
30
6,500.00
Con tent Migration
90
130
11,700.00
Development
190
$ 130.00
24,700.00
Jr
Server, CMS Setup & Templaie Development
90
730
11,700.00
QualiryAssurance
50
130
6.500.00
Beta Site & Initial training
50
130
6,500.00
Quality Assurance & launch
55
S 130.00
7,150.00
6
User Feedback & Feedback Implementation
30
130
3,900.00
Content Edits & Launch
25
13;�
3,250.00
Post Launch Monitoring & Training
40
$ 130.00
5,200.00
7
Post Launch "Hyper -Care Monitoring
25
130
3,250.00
Hands on Training &Video Training Library
15
130
1,950.00
Design &
Development Total $
92,300.00
Annual Managed Maintenance $
5,400.00
Additional Services
$1301 Hour
Annual Hosting
Large
210k Monthly V&tor Cap
750k Pages Served
100G5 SSD Storage
3 load balanced opp servers
$6,300
Additional Products
At Chat/Search Set Up Fee $3,00D
Annual Fee $3,600
E-Alerts Set Up Fee $3,000
Annual Fee $1,200
Payment schedules can be arranged.
Thank you for your business!
1 DO Stony Point Rd #240, Santa Rosa, CA 95401, Phone/Fax 707-843-3773 sa#essplaneteriamedia.com
13-26
Library and Police websites require ADA updates to bring them into compliance.
If requested by City, Consultant shall migrate the Police and Library websites "as -is"
to WordPress and provide design and accessibility work to bring them into ADA
compliance. Please confirm IP ownership.
Police Website (172 pages): $5,000—$7,500
Library Website (300 pages): $7,500—$10,000
Consultant shall integrate the Police and Library websites as microsites within the new main City Website.
Police Website (172 pages): $2,250
Library Website (300 pages): $2,250
13-27
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
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 excess/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 two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from bodily
injury, property damage, completed operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
Planeteria Media LLC Page C-1 13-28
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.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount
of two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the Effective Date of this
Agreement and Consultant agrees to maintain continuous coverage
through a period no less than three years after completion of the
Services required by this Agreement.
E. Cyber Liability Insurance. Consultant shall maintain cyber liability
insurance in an amount not less than two million dollars ($2,000,000)
per claim and four million dollars ($4,000,000) in the annual aggregate,
covering (1) all acts, errors, omissions, negligence, infringement of
intellectual property; (2) network security and privacy risks, including but
not limited to unauthorized access, failure of security, breach of privacy
perils, wrongful disclosure, collection, or negligence in the handling of
confidential information, privacy perils, including coverage for related
regulatory defense and penalties; (3) data breach expenses payable
whether incurred by City or Consultant, including but not limited to
consumer notification, whether or not required by law, computer forensic
investigations, public relations and crisis management firm fees, credit
file or identity monitoring or remediation services in the performance of
services for City or on behalf of City hereunder.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
F. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
Planeteria Media LLC Page C-2
13-29
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are
exhausted.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
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 of Newport Beach, its City Council, boards and
commissions, officers, agents, volunteers, 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,
products and completed operations, excess/umbrella liability, cyber
liability, and automobile liability, if required, but not including
professional liability, shall provide or be endorsed to provide that City of
Newport Beach, its City Council, boards and commissions, officers,
agents, volunteers, employees shall be included as insureds under such
policies.
C. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City of Newport Beach, 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.
D. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, pollution liability, and automobile liability, if
required, but not including professional liability, shall provide or be
endorsed to provide that City of Newport Beach, its City Council, boards
and commissions, officers, agents, volunteers and employees shall be
included as insureds under such policies.
Planeteria Media LLC Page C-3
13-30
E. 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.
F. 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.
G. Subcontractors. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor 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. Limits of liability for:
General Liability in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000);
Professional Liability (Errors & Omissions) in an amount not
less than one million dollars ($1,000,000) per claim, two million
dollars ($2,000,000);
If applicable, Cyber Liability in an amount not less than one
million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000).
5. Additional Aqreements 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 anytime.
Planeteria Media LLC Page C-4 13-31
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. Right 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
Planeteria Media LLC Page C-5 13-32
Consultant or reimbursed by Consultant upon demand.
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.
1. 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.
Planeteria Media L.L.0 Page C-6
13-33
ATTACHMENT B
}V1City of Newport Beach
BUDGET AMENDMENT
2025-26 BA#: 26-030
Department: City Manager - IT
ONETIME: ❑ Yes ❑ No
Requestor: Avery Maglinti
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
City Clerk: Date
❑ COUNCIL APPROVAL REQUIRED Finance Director: Date
Budget Manager: C''x'� Date
Appropriating funds from Fund 765's unappropriated fund balance in IT's'Software License New' account for Content ❑ from existing budget appropriations
Management System services provided by Planeteria Media. ❑ from additional estimated revenues
0 from unappropriated fund balance
Fund # Org Object Project Description Increase or (Decrease) $
Subtotal$ -
Fund #
Org
Object
Project
Description
765
7657650
911027
ITCMS
IT REPLACEMENT - SOFTWARE LICENSE NEW
FUND BALANCE
Fund # Object Description
765 300000 IT STRATEGIC FUND - FUND BALANCE CONTROL
Increase or (Decrease) $
151,300.00
Subtotall $ 15
Increase or (Decrease) $
(151,300.00)
Subtotal] $ (151,300.00)�
Fund Balance Change Required
13-34