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PSA with the Beanstalk Group, LLC 2 01c0 -- z 9y (03 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE BEANSTALK GROUP, LLC FOR CONSULTING SERVICES TO IMPLEMENT THE CITY'S LICENSING AND MERCHANDISING PROGRAM This Professional Services Agreement ("Agreement") is entered into this day of July, 2016 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and THE BEANSTALK GROUP, LLC, a Delaware limited liability company, whose address is 220 East 42nd Street, New York, NY 10017 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. The City Manager's designee shall be the Director of Communications. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Exhibits: Exhibit A: Consultant's Scope of Services and Timeline Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall perform and provide the work and services required to develop the tools to implement the City's licensing and merchandising program (the "Program") as more particularly described in Exhibit "A" hereto (the "Services"). Any proposed additional services shall be subject to a separate arrangement to be negotiated by the parties in good faith. 1 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit "A" hereto. 2.3 The City acknowledges and agrees that in order for Consultant to effectively perform its services hereunder in a timely and efficient manner, the City must cooperate with Consultant and make available on a timely basis appropriate personnel, management decisions, information, and/or approvals. 2.4 The services provided by Consultant must be approved and accepted by the City (which approval or acceptance shall not be unreasonably conditioned, delayed, or denied) in order for Consultant to receive its Fee. 2.5 No Proprietary Rights Reserved by Consultant. Consultant warrants and represents that it has ownership of and rights to any and all of Consultant's forms, products, services, and materials utilized in connection with the Services provided to the City ("Consultant Resources"). Consultant grants the City the right to use, and a non-exclusive license in, all patents, trademarks, service marks, copyrights, and other rights in and to any and all of Consultant Resources, in connection with Services being provided to the City. Consultant hereby acknowledges and agrees that all writings, agreements, works, marks, market plans, intellectual property, and any other products that are created by Consultant specifically and exclusively on behalf of and for the benefit of the City (collectively, "City Resources") shall be the property of the City; Consultant shall not have a claim to such City Resources upon completion or early termination of this Agreement. Consultant may use the City's marks in connection with providing the City with the Services set forth in this Agreement, upon the prior written consent of the City Manager or his designee; however, all City marks shall remain the property of the City, and Consultant shall not have the right to use any City marks subsequent to the completion or early termination of this Agreement. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by the parties hereto, and shall have an initial term of sixteen (16) weeks, provided that the parties agree that time is not of the essence of this Agreement, and it shall not be deemed to be a material breach of this Agreement if Consultant's completion reasonably takes more than sixteen (16) weeks due to delays caused by City, any mutually agreed changes in the scope of this engagement or deliverables hereunder, or other changes in circumstance as the parties may mutually agree in writing. Notwithstanding the Term provided herein, and subject to the foregoing, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. 2 SECTION 4 FEE 4.1 In consideration of the Services to be provided, and pursuant to the provisions of this Section 4, the City shall compensate Consultant on a fixed fee basis, in a total amount of $140,000 (exclusive of any Out-of-Pocket Costs, as set forth in Section 4.2 herein). 4.2 Consultant's travel, and all other out-of pocket expenses such as industry research, shall be billed separately with no mark-up (collectively, "Out-of-Pocket Costs"). Consultant shall obtain the prior written approval of the City Manager or his designee prior to incurring any Out- of-Pocket Costs, provided, however, that the City Manager's prior written approval shall not be necessary for expenses less than $100 each. In no event shall Consultant's Out-of-Pocket Costs exceed a total of$5,000. If approved by the City Manager or his designee, Consultant's Out-of-Pocket Costs shall be promptly reimbursed by City within thirty (30) days of submission by Consultant. 4.3 Consultant's Fee shall be due and payable as follows: 4.3.1 The City shall pay Consultant $20,000 upon execution of this Agreement. 4.3.2 The City shall pay Consultant $40,000 upon (i) delivery of the legal boiler plate, and (ii) Consultant's assessment of all City brand assets that the City provides to Consultant within one (1) week after the Effective Date, as further described in Exhibit"A" hereto. 4.3.3 The City shall pay Consultant $40,000 upon delivery of the sales materials and due diligence application, as further described in Exhibit "A" hereto. 4.3.4 The City shall pay Consultant $40,000 upon final delivery and acceptance by the City of the style guide described in Exhibit "A" hereto, which acceptance shall not be unreasonably conditioned, withheld or delayed. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: Tonya Daniels 4.5 Late payments shall bear interest compounded daily at the lesser of: (i) 1.5% per month or part thereof; which is applicable from the original due date until the date such payment is actually received by Consultant. City shall reimburse Consultant for all costs and expenses 3 incurred by Consultant (including, without limitation, all collection fees, attorney's fees and court costs) in collecting any past due amount from City. SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the City may terminate this Agreement without further notice to Consultant. Notwithstanding the foregoing, if termination is based upon a misrepresentation or fraud, the Agreement may be terminated for cause, effective immediately, upon written notification to Consultant and without providing Consultant with a cure period. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE,TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID (i) ALL FEES DUE PRIOR TO THE EFFECTIVE DATE OF TERMINATION, AND (ii) AN ADDITIONAL AMOUNT TO BE MUTUALLY AGREED TO BY THE PARTIES REFLECTING THE SERVICES PROVIDED BY CONSULTANT THROUGH THE EFFECTIVE DATE OF TERMINATION, PROVIDED THAT SUCH MUTUALLY AGREED AMOUNT SHALL NOT BE LESS THAN FIFTY PERCENT(50%) OF THE NEXT SECTION 4.3 PAYMENT THAT WOULD HAVE OTHERWISE BEEN DUE IMMEDIATELY AFTER THE EFFECTIVE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 4 • SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. General Liability, in the amount of$1,000,000; 2. Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Consultant shall provide the City written notice at least thirty (30) days prior to termination, cancellation, or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The insurance policies for General Liability shall include the City as an additional insured and contain a waiver of subrogation endorsement, and the Professional Liability shall include a waiver of subrogation endorsement. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. 5 Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until evidence of all insurance required under this Section has been provided to and approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $145,000, less any amounts actually paid by the City to Consultant pursuant to this Agreement as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with its recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $145,000, less any amounts actually paid by the City to Consultant pursuant to this Agreement as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $145,000, less any amounts actually paid by the City to Consultant pursuant to this Agreement as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. Consultant desires to enter into this Agreement only if in doing so Consultant shall not be liable to the City, in connection with any damages suffered by the City relating to the City's failure to follow the Tools, as prepared by Consultant for the City; or the City's misapplication of said Tools. Neither party shall be liable to the other for any consequential, incidental, special, punitive or exemplary damages, or lost profits or cost of procurement of substitute services, even if the non-breaching party has been apprised of the likelihood of such damages occurring. Each 6 party acknowledges and agrees that it shall rely only on the advice of its own attorneys as to all legal matters, including, without limitation, the terms and legal effect of any license agreement prepared or entered into pursuant to this Agreement. The services provided by Consultant and its employees shall not in any respect be construed as the provision of legal advice, nor shall any attorney-client relationship be created between City, on the one hand, and Consultant and its employees, on the other hand. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 (INTENTIONALLY DELETTED] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, intersexuality, sexual orientation, disability, marital and familial status, or age. 7 10.6 CONFLICT OF INTEREST/ COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances and regulations of the City, Miami-Dade County, the State of Florida and the federal government, as applicable. Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as may be amended from time to time); both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: The Beanstalk Group, LLC 220 East 42nd Street 15th Floor New York, NY 10017 Attention: Marc D. Schneider, CFO, COO 212.421.6388 (fax) TO CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: Tonya Daniels 305.673.7063 (fax) Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. 8 Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 NO JOINT VENTURE The parties to this Agreement each shall be deemed to be independent contractors and in no event shall the acts or omissions of one party be attributable to the other party. Neither party, nor its employees, shall be or shall be deemed to be an employee of the other party for any purpose whatsoever. Nothing herein contained shall be construed to place the parties in the relationship of partners, joint venturers, or any agency relationship, and neither party shall have any right or power to obligate or bind the other in any manner whatsoever except as authorized in this Agreement or otherwise specifically authorized in writing. 12.5 During the Term of this Agreement and for a period of twelve (12) months thereafter, City shall not engage in any discussions, directly or through intermediaries, regarding soliciting, recruiting, engaging or hiring, for consulting, full-time or part-time employment, anyone who is or was an employee of Consultant during the period of Consultant's engagement hereunder, without Consultant's prior written approval. The parties agree that the foregoing limitations as to time, geographical area, and scope of activity are reasonable and acceptable to City, and do not impose any greater restraint than is reasonably necessary to protect the goodwill and other business interests of Consultant. 12.6 There are no representations, promises, agreements, warranties, covenants or undertakings other than those expressly contained in this Agreement. This Agreement is the 9 1 product of arms-length negotiations between parties knowledgeable of its subject matter who have had the opportunity to consult counsel concerning the terms and conditions of this Agreement prior to the execution hereof. Any rule of law that would require interpretation of any provision against the party responsible for its inclusion herein shall have no effect on the interpretation of this Agreement. The headings on each paragraph hereof are for convenience purposes only and shall not be used to construe the terms of this Agreement. 12.7 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile copy, or electronic copy in .pdf or similar format, of an executed counterpart shall be valid and have the same force and effect as an original. 12.8 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK. 10 i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: ii .0..6 , viii By: 4 \2• • viiit 1y Rafae E. GranadorCC117.. Id �, '••.•c. imm . Mora :s, City Manager _� '�! " Iti f5-.-7 _ it i t e• 6 i T� D -%:;'... 0 ..-.:63y7 ,. � RA � =•I�,CCRP C Il T� FOR CONSULTANT: THE BEANSTALK GROUP, LLC ATTEST: By: 1.44-14/ . Na-t-,_ DSO Chief Legal Officer Marc D. 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A- -.ili.t r■-----":. -.. a) 0 Q.) _o !t ititk • ili. _ - : ,•;.‘ 7:3 (13 E ui L,L) .......,...- ..., ' ' • e s) d i' • 0 CO 'LI u_ AIN %.# . t g 'le s_____--- • i ..., _., , _. 7 / 4r;. ,_. , 0 ,t,s? . , ..., , ,.-t''''... '-.,:t.-.2t "•=. , ; ; t t''''''; ..t:?',..:,.7-, , . line ' it.,eP.L.,:.. ,-',,, :,„,,,,. 1, „ 0 0 , , >- -.. f,,' ' .;. c3) cz *-„,,, gingall .,,'i,.i'•"P"'C A 1 4-' U.) „, 4 Y: :p3ft co c 4-0 1/4V ■ ai iiiime U) CD ID • l -c3 c © °- ., ... (/) co u) WI t,„• -- Z o CI3 0 • 1.... i.40 .1 ,13. .... .., " , , a) w 2 cv ,,,,,,,,c,,,,-1,,.,...,,,:,,, 1 L... " 0 T- , m -,„„.,,,c,,,,,,,,,,,,, , — -.: -4,,,,,,,y, a 0 (NI H o .., t, .•,:„ 4, ., „, t„ 4 ;"9.4..e. i ',.:-..-,"', ' COMMUNICATIONS DATE: July 29, 2016 TO: Rafael Granado FROM: Jenn Seoanes SUBJECT: Beanstalk Contract Routing Jimmy L. Morales, City Manager Rafael E. Granado, City Clerk For: Information Only Review & Approval City Manager's Signature X Other Signature Other: Comments: Following, please find the Beanstalk contract signed by the consultant, the City Attorney and City Manager. It is ready for your signature. Return to: Name ext. 6128 Date Needed: July 29, 2016