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HomeMy WebLinkAbout30 City AdministratorCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fk_ . Fred Wilson, City Administrator Subject: A Resolution authorizing a Services Agreement with Public Enterprise Group for the Dept: City Administrator's Office purpose of developing public - private partnerships with private corporations and other entities and Date: August 30, '1999 persons Synopsis of Previous Council action: Recommended motion: Adopt resolution, and authorize the Director of Finance to amend the Fiscal Year 1999 -2000 budget to reflect an increase! of $26,000 to the City Administrator's Office budget (Account No. 001 - 101 - 5502), and an increase of $50,000 in projected General Fund revenues. Signature Contact person: Fred Wilson /Lori Sassoon Supporting data attached: Staff report; resolution Phone: 5122 Ward: All FUNDING REQUIREMENTS: Amount: $26,000, plus commissions; potential net new revenue of $50,000 - $100,000 annually Source: (Acct No) 001 - 101 -5502 (Acct Description) City Administrator's Office Finance; Council Notes: Agenda Item No. 9/7/99 STAFF REPORT Subject: Service Agreement with The Public Enterprise Group to negotiate revenue - generating partnership agreements between the City and private corporations. Background: In the last few years, public entities have begun to explore partnerships with corporations. These partnerships typically provide revenue to the City, in return for certain marketing privileges within the City's jurisdiction. In California, notable partnerships include: • The City of Huntington Beach's partnership with Coca -Cola provides a guaranteed $300,000 a year for ten years to the city. Huntington Beach also secured other non - revenue benefits such as the renovation of one park per year; a mural program for graffiti -prone areas; lockers installed at the beach for pubic use; and mobile vending units that share revenues with local non - profit organizations. • The City of Garden Grove's partnership with Pepsi will provide a guaranteed $100,000 per year for the city over ten years. Other benefits provided include free product for the city, and financial support for community events. • The City of Sacramento's "Capital Spirit" program is seeking to establish partnerships with beverage, credit card, motor fuel, office supply, and coffee companies for sponsorships. It already has a sponsorship agreement with Pepsi that provides more than $500,000 a year for the next ten years. Proposed Agreement: Staff has approached the Public Enterprise Group (Public Enterprise), the firm that acted as the agent for the cities of Huntington Beach and Garden Grove in the above - listed partnership agreements. The firm receives a fee (in sales terms, a "draw ") plus a commission on revenues received as a result of partnerships negotiated on behalf of the city. The draws are credited against the commissions due to the firm. Because of Public Enterprise's successful track record, it is proposed that the City enter into an agreement with the firm to secure partnerships with private entities. The consultant will aggressively market this partnership opportunity to appropriate corporations, using their contacts in the corporate community and following the marketing plan as prescribed in the Agreement. It is anticipated that the City can expect the resulting partnership agreements to produce anywhere from $50,000 - $100,000 annually for the General Fund. In the past, the City has been approached by beverage companies for placement of vending machines, and some City entities have vending contracts with such companies that provide a commission on sales. The goal of this process, however, is the successful development of comprehensive partnerships rather than simple sponsorship agreements. Sponsorships involve the payment of a fee or in -kind service in return for brand exposure and sales rights. In comparison, partnerships provide for a long term relationship between both entities and a commitment to partner for the enhancement of a common goal. In the Huntington Beach example, the partnership includes cash and the commitment to improve parks facilities through promotional campaigns with local retail distributors. In addition to providing ongoing revenues, the public benefits with tangible improvements to recreation facilities. Agreement Provisions: Under the terms of the proposed Agreement between the City and Public Enterprise, the consultant will follow a phased process. A list of possible corporate partners will be developed by the consultant and approved by the City Administrator. Working closely with City staff, a package of partnership benefits will then be prepared that could be offered by the City to each identified business. The package will include the types of advertising and placement the City would accept, as well as other benefits. Again, this package will be approved by the City Administrator. Public Enterprise will then implement the marketing plan, and negotiate with interested parties to obtain letters of intent indicating the entity's willingness to enter into a partnership agreement. These letters will be referred to the City Administrator, who will then develop the agreement with the assistance of the consultant. All agreements will be subject to final approval by the Mayor and Council. While the agreement is in effect, Public Enterprise will have the exclusive right to obtain corporate partnerships on behalf of the City. The consultant will receive 12% commission on the first partnership agreement, and 7% of each subsequent agreement. The consultant will also receive $16,000 in draws that are credited against any commissions paid, and reimbursement of approved expenses of up to $10,000. It should be noted that Sacramento paid $95,000 plus 15% commission to a marketing company, with none of the initial fee credited against commissions. In these partnerships, both the public entities and corporate sponsors are concerned about the potential for community facilities and programs being inundated with the over - exposure of corporate identification, such as signage and other advertising. This issue will be addressed to the satisfaction of the City in any partnership presented for final approval by the consultant. The proposed Agreement is attached to the resolution. Financial Impact: An increase of $26,000 to the City Administrator's Office budget is required to fund the draws and expenses of the consultant. This cost will be offset by increased revenues to the General Fund that are conservatively projected at $50,000. There is some financial risk, in that the consultant does not guarantee a partnership agreement will be reached. However, as the City has i already been approached by corporations in the past, staff believes this Agreement will have a very positive financial impact. The City reserves the right to approve or reject any or all partnership agreements that are proposed by Public Enterprise. In the event that these partnerships are not approved, the City is under no obligation to pay commissions. Commissions will be paid only on actual revenues received by the City. Recommendations: It is recommended that the Mayor and Council adopt the resolution authorizing the agreement with the Public Enterprise Group, and approve the budget amendment. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: A Resolution authorizing a Services Agreement with Public Enterprise Group for the Dept: City Administrator's Office purpose of developing public - private partnerships "I , ; with private corporations and other entities and Date: August 30, 1999 l A L persons Synopsis of Previous Council action: Recommended motion: Adopt resolution, and authorize the Director of Finance to amend the Fiscal Year 1999 -2000 budget to reflect an increase of $26,000 to the City Administrator's Office budget (Account No. 001 - 101 - 5502), and an increase of $50,000 in projected General Fund revenues. 4-lei- Signature Contact person: Fred Wilson /Lori Sassoon Phone: 5122 Supporting data attached: Staff report; resolution Ward: All FUNDING REQUIREMENTS: Amount: $26,000, plus commissions; potential net new revenue of $50,000 - $100,000 annually Source: (Acct. No.) 001 - 101 -5502 (Acct. Description) City Administrator's Office Finance: A.. h Cj Council Notes: Agenda Item No. :>V 9 / '7/99 STAFF REPORT Subject: Service Agreement with The Public Enterprise Group to negotiate revenue - generating partnership agreements between the City and private corporations. Background: In the last few years, public entities have begun to explore partnerships with corporations. These partnerships typically provide revenue to the City, in return for certain marketing privileges within the City's jurisdiction. In California, notable partnerships include: • The City of Huntington Beach's partnership with Coca -Cola provides a guaranteed $300,000 a year for ten years to the city. Huntington Beach also secured other non- revenue benefits such as the renovation of one park per year; a mural program for graffiti -prone areas; lockers installed at the beach for pubic use; and mobile vending units that share revenues with local non - profit organizations. • The City of Garden Grove's partnership with Pepsi will provide a guaranteed $100,000 per year for the city over ten years. Other benefits provided include free product for the city, and financial support for community events. • The City of Sacramento's "Capital Spirit" program is seeking to establish partnerships with beverage, credit card, motor fuel, office supply, and coffee companies for sponsorships. It already has a sponsorship agreement with Pepsi that provides more than $500,000 a year for the next ten years. Proposed Agreement: Staff has approached the Public Enterprise Group (Public Enterprise), the firm that acted as the agent for the cities of Huntington Beach and Garden Grove in the above - listed partnership agreements. The firm receives a fee (in sales terms, a "draw ") plus a commission on revenues received as a result of partnerships negotiated on behalf of the city. The draws are credited against the commissions due to the firm. Because of Public Enterprise's successful track record, it is proposed that the City enter into an agreement with the firm to secure partnerships with private entities. The consultant will aggressively market this partnership opportunity to appropriate corporations, using their contacts in the corporate community and following the marketing plan as prescribed in the Agreement. It is anticipated that the City can expect the resulting partnership agreements to produce anywhere from $50,000 - $100,000 annually for the General Fund. In the past, the City has been approached by beverage companies for placement of vending machines, and some City entities have vending contracts with such companies that provide a commission on sales. The goal of this process, however, is the successful development of comprehensive partnerships rather than simple sponsorship agreements. Sponsorships involve the payment of a fee or in -kind service in return for brand exposure and sales rights. In comparison, partnerships provide for a long term relationship between both entities and a commitment to partner for the enhancement of a common goal. In the Huntington Beach example, the partnership includes cash and the commitment to improve parks facilities through promotional campaigns with local retail distributors. In addition to providing ongoing revenues, the public benefits with tangible improvements to recreation facilities. Agreement Provisions: Under the terms of the proposed Agreement between the City and Public Enterprise, the consultant will follow a phased process. A list of possible corporate partners will be developed by the consultant and approved by the City Administrator. Working closely with City staff, a package of partnership benefits will then be prepared that could be offered by the City to each identified business. The package will include the types of advertising and placement the City would accept, as well as other benefits. Again, this package will be approved by the City Administrator. Public Enterprise will then implement the marketing plan, and negotiate with interested parties to obtain letters of intent indicating the entity's willingness to enter into a partnership agreement. These letters will be referred to the City Administrator, who will then develop the agreement with the assistance of the consultant. All agreements will be subject to final approval by the Mayor and Council. While the agreement is in effect, Public Enterprise will have the exclusive right to obtain corporate partnerships on behalf of the City. The consultant will receive 12% commission on the first partnership agreement, and 7% of each subsequent agreement. The consultant will also receive $16,000 in draws that are credited against any commissions paid, and reimbursement of approved expenses of up to $10,000. It should be noted that Sacramento paid $95,000 plus 15% commission to a marketing company, with none of the initial fee credited against commissions. In these partnerships, both the public entities and corporate sponsors are concerned about the potential for community facilities and programs being inundated with the over - exposure of corporate identification, such as signage and other advertising. This issue will be addressed to the satisfaction of the City in any partnership presented for final approval by the consultant. The proposed Agreement is attached to the resolution. Financial Impact: An increase of $26,000 to the City Administrator's Office budget is required to fund the draws and expenses of the consultant. This cost will be offset by increased revenues to the General Fund that are conservatively projected at $50,000. There is some financial risk, in that the consultant does not guarantee a partnership agreement will be reached. However, as the City has already been approached by corporations in the past, staff believes this Agreement will have a very positive financial impact. The City reserves the right to approve or reject any or all partnership agreements that are proposed by Public Enterprise. In the event that these partnerships are not approved, the City is under no obligation to pay commissions. Commissions will be paid only on actual revenues received by the City. Recommendations: It is recommended that the Mayor and Council adopt the resolution authorizing the agreement with the Public Enterprise Group, and approve the budget amendment. I COPY I A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH PUBLIC ENTERPRISE 2 GROUP FOR THE PURPOSE OF DEVELOPING PUBLIC - PRIVATE PARTNERSHIPS WITH PRIVATE CORPORATIONS AND OTHER ENTITIES AND 3 PERSONS 4 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS 5 FOLLOWS: 7 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City a Services Agreement with Public Enterprise 9 Group, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 10 reference as fully as though set forth at length. 11 SECTION 2. This resolution is rescinded if the parties to the Agreement fail to 12 execute it within sixty (60) days of the passage of this resolution. 13 14 15 16 H 17 18 19 20 21 22 23 24 25 26 27 28 ya. Jd Q /71D1-'7 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH PUBLIC ENTERPRISE 2 CROUP FOR THE PURPOSE OF DEVELOPING PUBLIC - PRIVATE PARTNERSHIPS WITH PRIVATE CORPORATIONS AND OTHER ENTITIES AND 3 PERSONS 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 _ day of 8 Council Members: 9 ESTRADA 10 LIEN 11 MC GINNIS 12 13 SCHNETZ 14 (vacant) 15 ANDERSON 16 MILLER 17 18 19 20 , 1999, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT The foregoing ordinance is hereby approved this 21 22 23 24 Approved as to 25 Form and legal content: 26 AMES F. PENMAN, 27 ity Attorney 28 By : ,C City Clerk day of '1999. Judith Valles, Mayor City of San Bernardino C I T Y O F an Bernardino R A C H E L C L A R K C I T Y C L E R K August 14, 1999 Mr. Don Shulte, President The Public Enterprise Group 215 1Vlain Street Huntington Beach, CA 92648 Dear Mr. Shulte: At the Mayor and Common Council meeting of September 7, 1999, the City of San Bernardino adopted Resolution 1999 -227 authorizing an agreement for developing public- private partnerships. Enclosed are two (2) original agreements. Please sign in the appropriate location and return one original agreement to the City Clerk's Office, ATTN: Melanie Miller, P. O. Box 1318, San Bernardino, CA, 92418 as soon as possible. Please retain one original executed document for your files. Please be aware that the documents are null and void if not executed within sixty (60) days -- November 6, 1999. If you have any questions, please do not hesitate to contact me at (909) 384 -5002. Sincerely, Melanie Miller Senior Secretary P. O. B O X 1 3 1 8, S A N B E R N A R D 1 N O, C A 8 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N 0. C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2 ( 9 0 9) 3 8 4 5 1 0 2 F A X -( 9 0 9) 3 8 4- 5 1 5 8 T D D/ T T Y -( 9 0 9) 3 8 4 . 5 5 4 0 1999 -227 SERVICES AGREEMENT THIS AGREEMENT is entered into this 7th e d� i� day of September, 1999, by and between PUBLIC ENTERPRISE GROUP, A California corporation ( "CONSULTANT') and the CITY OF SAN BERNARDINO ( "CITY ") WITNESSETH: WHEREAS, the City desires to retain the services of Consultant for the purpose of developing public - private partnerships with private corporations and other entities and persons; and WHEREAS, Consultant possesses unique skills in bringing together public entities and private entities fin new and creative ways that mutually benefit both parties; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Scope of Work Consultant is hereby retained by City to engage in negotiations for the purpose of procuring the establishment of corporate partnership agreements between the City and private entities in accordance with the following phases. A. Phase I: Consultant shall develop a list of business entities that potentially could become corporate partners. The list shall be presented by no later than November 1, 1999, to the City Administrator for approval. B. Phase II: Upon written approval of the list of acceptable businesses by the City Administrator, Consultant shall develop a package of partnership and /or 1999 -227 associated advertising and sponsorship benefits that could be offered to each identified business entity by not later than January 1, 2000. The City Administrator shall give written approval of each package. C. Phase III: Within 60 days approval of each package as described in Phase II, agent shall develop a marketing plan for each partnership package, describing the types of advertisements that the City may be willing to accept. The marketing plan may include brochures, presentations, models, and site visits to the potential partner businesses. The marketing plan will be approved in writing by the City Administrator. D. Phase IV: Consultant shall implement the marketing plan, approaching City- approved businesses within timelines mutually agreed upon by both the Consultant and the City Administrator. E. Phase V: Consultant shall negotiate a partnership agreement with one or more business entities. Consultant shall obtain letters of intent from each business entity indicating the entity's willingness to enter into a partnership agreement with the City. These letters shall be referred to the City Administrator for preparation of agreements between each business entity and the City. All agreements shall be subject to final approval of the Mayor and Common Council. The City may require time to investigate the 2 1999 -227 appropriateness of the proposed partnership agreement before granting or withholding approval. F. Phase VI: The Mayor and Common Council retain complete authority to disapprove any proposed agreement, including agreements that have resulted from marketing plans previously granted approval. The City shall have no obligation under any circumstances to pay Consultant commissions on a given agreement, if such a proposed agreement is denied. Section 2. Additional Consultant Duties and Obligations A. Consultant shall exercise his best efforts, using his skill, experience, and knowledge to the best of his professional ability in providing the services required under this Agreement. B. Consultant shall inform City of any fact or occurrence that affects City interests. Consultant shall also disclose to City any personal, business, or financial interest, including but not limited to any ownership interest in, representation of, or employment by any person or firm providing any product or service that competes with any product or service by City that may actually or potentially impair or otherwise affect Consultant's ability to represent the City's interest to the maximum extent contemplated by this Agreement. C. Consultant shall have no power or authority to contract directly with any third party in connection herewith or in any manner on behalf of the City. Consultant shall inform all prospective parties seeking corporate partnerships 3 1999 -227 that the Mayor and Common Council of the City of San Bernardino retains the sole, unfettered discretion to enter into a corporate partnership agreement. D. Consultant shall not serve any of the City's competitors with respect to any of the business entities with whom the City is seeking a partnership agreement, without prior disclosure and specific written approval by the City. E. Pursuant to the California Political Reform Act, Consultant shall be considered to be a "consultant" subject to the terms of the Act, within the meaning of the various regulations the Fair Political Practices Commission has promulgated concerning consultants. Consultant shall file a Statement of Economic Interest with the City Clerk upon execution of this Agreement, and subsequently on an annual basis and upon termination of this Agreement. Further, Consultant shall comply with California Government Code Section 1090.. F. Consultant shall review and become familiar with the San Bernardino City Charter. Section III. Compensation and Expenses. A. Consultant shall receive a twelve percent (12 %) commission on total gross revenues generated by the first partnership agreement procured by Consultant and Formally approved by the Mayor and Common Council, less the credit described in Section III, Part D below. It is understood that this commission will be paid on actual revenues received during the partnership agreement, with the each installment to be paid within ninety (90) days following receipt of revenues by the City. 4 1999 -227 B. Consultant shall receive a seven percent (7 %) commission on all partnership agreements subsequent to the first such agreement, less any remaining credit applicable in accordance with Section III, Part D below. C. The packaging and pricing of partnership agreements may be changed by the City at its discretion from time to time, and Consultant shall not receive any increased commission as a result of such change, unless Consultant negotiated the change. If the City's revenues from a partnership agreement are reduced, then the commissions due shall be reduced accordingly. Commissions shall only be paid from total gross revenues and on a project by project cash accounting basis. City shall have no obligation to pay commissions on benefits received pursuant to a partnership agreement where the benefits are of a non -cash nature, including but not limited to provision of property or services to the City. D. Consultant shall receive four (4) recoverable draws against future commissions. The total of the draws due shall be sixteen thousand dollars ($16,000). These draws shall be paid as follows: a. $4,000 upon execution of this Agreement; b. $4,000 30 days after execution of this Agreement; c. $4,000 60 days after execution of this Agreement; d. $4,000 90 days after execution of this Agreement. The draws shall be credited against any commissions due Consultant under this Agreement. 5 1999 -227 E. City shall reimburse Agent's travel, printing, and other out -of- pocket expenses, not to exceed Ten Thousand Dollars ($10,000). The City Administrator shall approve all expense reimbursements. Section 4. Exclusivitv. Consultant shall have the exclusive right for acquiring corporate partnership agreements for the term of this Agreement. Section 5. Representation to Sponsors. Consultant shall not make any statements or representations to prospective partners or other promotional benefits that could mislead or confuse the partners. Consultant shall indemnify, hold harmless and defend the City from and against any and all claims, damages, liabilities, losses, costs, charges, and expenses (including reasonable attorney's fees) resulting therefrom, which may be brought in connection with or arising from any such statements or representations. Section 6. Indemnity. Consultant shall indemnify, defend and hold harmless the City, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorneys' fees) arising out of or related to City's performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or negligence. City shall indemnify, defend and hold harmless the Consultant, its officers, employees and agents (including, without limitation, reasonable costs of defense and reasonable attorney's fees) arising out of or 9 ■ 1999 -227 related to Consultant's performance of this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by Consultant's willful misconduct or negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of City shall be considered as "attorneys' fees" for the purposes of this paragraph. Section 7. Insurance. While not restricting or limiting the foregoing, during the term of this Agreement, Consultant shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory Worker's compensation coverage, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to notify City of any change or termination in the policy. Section 8. No employment. Consultant shall perform work tasks provided by this Agreement; but for all intents and purposes Consultant shall be an independent contractor and not an agent or employee of the City. Consultant shall not receive any salary, bonuses, or employment benefits from the City. City makes no representations or warranties about the total amount of commissions or other remuneration that Agent may earn from the procurement of corporate partnership arrangements. 7 1999 -227 Section 9. Non - discrimination. In the performance of this Agreement and in the hiring and recruitment of employees, Consultant shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. Section 10. Term; Severabili A. The term of this Agreement shall be twenty -four (24) months, commencing on the date of execution of this Agreement by the parties hereto. B. Any time after ninety (90) days following the execution of this Agreement, this Agreement may be terminated without cause upon thirty (30) days written notice by either Consultant or City. C. In the event Consultant or any employee of Consultant breaches this Agreement when performing services on behalf of City for the benefit of City, City shall have the right to terminate this Agreement immediately upon written notice to Consultant. City shall have no obligation to pay Consultant commissions in connection with any matter for which Consultant was terminated for cause. Termination of this Agreement by City shall not limit any other right or remedy which City may have under this Agreement, at law or in equity. D. If the City terminates this agreement without cause, Consultant shall be paid the commission provided for in Section 2 of this Agreement, if the partnership agreement is executed within 180 calendar days after the termination of this Agreement, and the Consultant has had negotiations with the entity that entered into the partnership agreement prior to the termination of this Agreement, 8 1999 -227 provided that the City had received notice in writing from Consultant of the names of the prospective sponsors before or upon termination of this Agreement. Section 11. Entire Agreement; Amendment. This Agreement comprises the entire agreement of and between the parties with respect to the subject matter hereof. This Agreement may be amended or supplemented only by written agreement of City and Consultant. Section 12. Waiver of Breach. Any failure of Consultant and City to comply with any provision of this Agreement may be expressly waived in writing, but such waiver shall not be construed as a waiver of or an estoppel with respect to any subsequent or other breach. Section 13. Assignment; Successors and Assigns. Consultant shall have no right to assign, sell, transfer or delegate, whether involuntary or by operation of law, any right or obligation under this Agreement without the prior written consent of City. Any purported assignment, transfer or delegation in violation of this section shall be null and void. Subject to the foregoing limits on assignment and delegation, this Agreement shall be binding and shall inure to the benefit of the parties and their respective successors and assigns. Section 14. Controlling Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. 9 1999 -227 Section 15. Notices. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Services, postage prepaid and addressed as follows: TO THE CITY: City Administrator's Office 300 North "D" Street San Bernardino, CA 92418 Facsimile (909) 384 -5138 TO THE CONSULTANT: Don Shulte, President The Public Enterprise Group 215 Main St. Huntington Beach, CA 92648 Notice may also be given by facsimile ( "fax ") during regular business hours to the numbers listed above, and such notice shall be deemed given upon receipt as reflected in a transmission verification. Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 10 I A 1999 -227 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written. Date: September The Public Enterprise Group, a California corporation Date: ATTEST: A ,� Rac el Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: Jan , 1999 11 CITY OF SAN BERNARDINO Date: