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HomeMy WebLinkAboutDavis Farr LLP - 2019-03-07 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVIS FARR LLP FOR CAPITAL ASSET INVENTORY SERVICES FOR PUBLIC CABLE TELEVISION AUTHORITY THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Davis Farr LLP, a Limited Liability Partnership hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to Capital Asset Inventory Services for the Public Cable Television Authority; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Jonathan Foster who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnedprofessional svcs mayor 1 of 10 10/12 \ \ _ 3 ¥ \ E RI \ / E ® co Co e CO = a = oa= a) \ � \ � � \ . \ � � > o - © & = r ._ O0 \ E ƒ E = E o \ @ c a) <2 ± � oo 22II \ - > \ \ • ' \ \ � � \' » • CD Es.] • > \ o ° E O 0 - c t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on / "J (' 7 , 20 `9 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Eight Thousand Two Hundred Dollars ($8,200). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional svcs mayor 2 of 10 10/12 I \ / E ® co Co e CO = a = oa= a) \ � \ � � \ . \ � � > o - © & = r ._ O0 \ E ƒ E = E o \ @ c a) <2 ± � oo 22II \ - > \ \ • ' \ \ � � \' » • CD Es.] • > \ o ° E O 0 - c t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/surfnet/professional svcs mayor 4 of 10 10/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'S defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/surfnet/professional svcs mayor 5 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/surfnet/professional svcs mayor 6 of 10 10/12 out cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/surfnet/professional svcs mayor 5 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Davis Farr LLP ATTN: Dahle Bulosan Jonathan Foster 2000 Main Street 2301 Dupont Drive, Suite 200 Huntington Beach, CA 92648 Irvine, CA 92612 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/surfnet/professional svcs mayor 7 of 10 10/12 not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/surfnet/professional svcs mayor 5 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/surfnet/professional svcs mayor 8 of 10 10/12 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/surfnet/professional svcs mayor 9 of 10 10/12 lated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/surfnet/professional svcs mayor 8 of 10 10/12 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. Davis Farr, LLP, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California COMPANY NAME ,, cf Director/Chief By Q 144,1 (Pursuant To HBMC§3.03.100) f �''' APPROVED AS TO FORM: print name ITS: (circle one)Chairman/President/Vice President AND City Attorney 0 By: Date print name RECEIVE AND FILE: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART City Clerk Date agree/surfnet/professional svcs mayor 10 of 10 10/12 promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/surfnet/professional svcs mayor 9 of 10 10/12 lated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/surfnet/professional svcs mayor 8 of 10 10/12 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. Davis Fan, LLP, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California COMPANY NAME Director/Chief By: (Pursuant To HBMC§3.03.100) APPROVED AS TO FORM: print name ITS: (circle one)Chairman/PresidentNice President AND f.eiCitAttorney 0 By: / L� Date l I print name RECEIVE AND FILE: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer COUNTERPART led/6414d tA244/t) City Clerk Date -/t-20 f agree/surfnet/professional svcs mayor 10 of 10 10/12 ents or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/surfnet/professional svcs mayor 9 of 10 10/12 lated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/surfnet/professional svcs mayor 8 of 10 10/12 of 10 10/12 0/12 han One Million Dollars agree/surfnet/professional svcs mayor 3 of 10 10/12 t \ % ± 7 \ \ E \ } \ § En \ ) \ ¥ ® - ® ° - E _ E m = _ _ / \ / / k33E zE / a/ E 2 & w March 8, 2019 cps 7t" :,,,zz.L'EielypSytasit4cdbintc,y_arve. 4 �Date TF QQ-r .OF GO 300 N.Flower Street,Santa Ana,CA 92703 www.ocpublicworks.com P.O.Box 4048,Santa Ana,CA 92702-4048 714.667.8800 I Info©OCPW.ocgov.com 910.28' 50'00'51" 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach is contracting with CONSULTANT for "Capital Asset Inventory Services" to perform an inventory of all Public Cable Television Authority's (the Authority or PCTA) capital assets at all locations within the Joint Power Authority (JPA) area. PCTA is a public entity created in 1971 pursuant to a joint powers agreement between the Cities of Fountain Valley, Westminster and Huntington Beach (member cities). In 1981, the City of Stanton was admitted as a member of the Authority. The Authority was created to manage the cable television and video provider franchising for all the member cities. In addition, PCTA produces local, exclusive television programming for the residents and communities of the member cities. The City of Huntington provided PCTA with a notification to terminate its membership in the Authority effective July 22, 2019. As part of the transition, The City of Huntington Beach requires CONSULTANT to perform a comprehensive inventory of all of PCTA's capital assets. PCTA has approximately 500 individual assets with a book value of $458,854 as of its most recent audit(fiscal year ended June 30, 2017). PCTA has a policy to capitalize assets with a purchase price of$500 and over. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Conduct a physical inventory of all individual PCTA capital assets at all locations within the JPA area and reconcile to the existing capital asset schedule (The reconciliation will show all discrepancies as an exhibit) 2. Obtain capital asset policies and procedures including purchasing, disposal, and internal control policies related to capital assets. 3. Identify assets that have been disposed of subsequent to the date of the inventory schedule 4. Identify assets that are unable to be located. 5. Inquire of PCTA of any capital assets in existence that are not included in the capital asset schedule. 6. Select a sample of assets not counted during our fieldwork that are not part of the capital asset schedule and inquire whether ownership lies with PCTA or the member city. 7. If an asset is identified that should be added, determine the acquisition value, age, and book value of the asset if documentation is available. 8. Inquire of PCTA if any assets are inoperable or not in use based on observations made during inventory. EXHIBIT A 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT C. CITY'S DUTIES AND RESPONSIBILITIES: Communicate with Consultant on an as-needed basis and provide requested documentation to consultant in a timely manner. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. EXHIBIT A e: Mike Posey Address: 2000 Main Street, Huntington Beach, CA 92648 n Beach, CA 92648 tington Beach, CA 92648 ally • RFP process underway for CAD/RMS replacement project • Facility • RFP process underway for building modernization contract Huntington Beach Police Strategic Plan 2019 - 2023 3 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Agreed Upon Procedures Hours Not to Exceed Classification Hourly Rate Total Staff $110 56 $6,160 EQR $150 4 $600 Partner $180 8 $1,440 Total (Not to Exceed) $8,200 B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made Exhibit B schedule. 6. Select a sample of assets not counted during our fieldwork that are not part of the capital asset schedule and inquire whether ownership lies with PCTA or the member city. 7. If an asset is identified that should be added, determine the acquisition value, age, and book value of the asset if documentation is available. 8. Inquire of PCTA if any assets are inoperable or not in use based on observations made during inventory. EXHIBIT A 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B bmit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made Exhibit B schedule. 6. Select a sample of assets not counted during our fieldwork that are not part of the capital asset schedule and inquire whether ownership lies with PCTA or the member city. 7. If an asset is identified that should be added, determine the acquisition value, age, and book value of the asset if documentation is available. 8. Inquire of PCTA if any assets are inoperable or not in use based on observations made during inventory. EXHIBIT A 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVIS FARR LLP FOR CAPITAL ASSET INVENTORY SERVICES FOR PUBLIC CABLE TELEVISION AUTHORITY Table of Contents 1 Scope of Services 1 2 City Staff Assistance 1 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 2 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 3 10 Certificate of Insurance 4 11 Independent Contractor 5 12 Termination of Agreement 5 13 Assignment and Delegation 6 14 Copyrights/Patents 6 15 City Employees and Officials 6 16 Notices 6 17 Consent 7 18 Modification 7 19 Section Headings 7 20 Interpretation of this Agreement 7 21 Duplicate Original 8 22 Immigration 8 23 Legal Services Subcontracting Prohibited 8 24 Attorney's Fees 9 25 Survival 9 26 Governing Law 9 27 Signatories 9 28 Entirety 9 29 Effective Date 10 unt of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made Exhibit B schedule. 6. Select a sample of assets not counted during our fieldwork that are not part of the capital asset schedule and inquire whether ownership lies with PCTA or the member city. 7. If an asset is identified that should be added, determine the acquisition value, age, and book value of the asset if documentation is available. 8. Inquire of PCTA if any assets are inoperable or not in use based on observations made during inventory. EXHIBIT A 891.06' C6 139.85' 540.00' 14'50'18" 70.32' C2 26.11' 30.00' 49'52'31" 13.95' C7 76.34' 460.00' 9'30'30" 38.26' C3 1648.96' 1947.78' 48'30'24" 860.66' C8 402.93' 470.00' 49'07'11" 214.78' C4 47.29' 30.00' 90'18'38" 30.16' C9 39.14' 25.00' 89'42'22" 24.87' C5 40.40' 27.00' 85'43'51" 25.06' C10 42.57' 27.00' 90'19'35" 27.15' C a 4 :.. O -� W o = p ▪ C CCO Cn1 >L Q e 0 LL `J UQ -I U J LL 0. C Li a) CO CO w �. y w 3 Q, ;g w W "'� o 0 o v W m I; a 94 0=$15,347 .. $0 Benefits total:$15,347 $0 Total cost:$73,347 $0 Amount to be paid by Interval House=$46,410 $0 Amount to be paid by LE grant=$26,937, $0 Operating Section Totals $132,813 $0 $0 $0 $0f $0 $132,813 OPERATING SECTION TOTAL $ 132,813 c\V Cal OES 2-106a (Revised 4/2016) 92 Federal Award Dates: 07/01/18—06/30/20 ' Fund: Federal Trust Program:Law Enforcement Specialized Units Program Match Req.:25%,CIH(based on TPC ProjectNo,:18VAWA Amount:$ 2Li 14$ . r, m.i q7�3'£ "-j _"-s vus it R, w;.rECEIVED 'r f, . i_ ... � 1 1" zu18 in Grant Subaward Face Sheet—Cal OES 2-101 (Revised 9/2018) AI-Ofi GRANTS MANAGEMENT ____,..----.41 DAVIFA R-01 MA912705 AiC®A D" DATE IMMID0/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 08r07/201$ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poltcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). License#0E77964 caNTACT Suzanne Posada PRODUCER NAME: Integra USA Inc.,dba:Integra Insurance Brokers PHONE HOO Nn,Eat: 949 419 1644 FAx 949 419-1674. 3620 Birch Street ) ( } (ac,Ntl):( Newport Beach,CA 92660 ADORess;suzanne.posada@integrogroup.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER a;Travelers Casualty Insurance Company of America 19046 Davis Farr,LLP INSURER c:Great Divide Insurance Company 25224 2301 Dupont Drive,Suite#200 INSURER D: Irvine,CA 92612 • INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFP POLICY EXP LIMITS LTR' INSD WVDIMMIOD/YYYY) IMM/DO/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E 1,000,000 CLAIMS-MADE X OCCUR X 6804J154861 05/21/2018 05/21/2019 PR IAMASEST(EaREcoccuD rrrence) E 300,000 MED EXP(A one person) E 5,000 (Am PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POUCY jE I l LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER:. E B AUTOMOBILE LIABILITY E COMBINEDacciden SINGLE LIMIT S 1,000,000 -ANY AUTO BA4J155058 05121/2018 05/21/2019 BODILY INJURY(Per parson) E . AAUUTTOS ONLY SCHEDULED BODILY INJURY(Per acadenli E X AUTEOS ONLY X AIITOs ONLY (Herr accident)DAMAGE E E A X UMBRELLA LAB X OCCUR EACH OCCURRENCE E 1,OOo,000 EXCESS UAB CLAIMS-MADE CUP4J155126 05/21/2018 05/21/2019 AGGREGATE E 1,000,OOO DED X RETENTIONS 0 E I A WORKERS COMPENSATION X 13 ATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN UB6K04864$ 05/21/2018 05/21/2019 E.L.EACH ACCIDENT S 1>000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory n NH) E.L DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under i,000,000 i DESCRIPTION OF OPERATIONS below E.L DISEASE-POUCY LIMIT S C Professional Liab.- CA820185202 05/21/2018 05)21/2019 Ea Claim/Aggregate 5,000,000 C (Claims Made) CA820185202 05/21/2018 05/21/2019 Ded.-Ea Claim/Agg. 50,000 a I DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES IACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Professional Liability(Claims Made)Policy:Retroactive Date:05/15/2015 Certificate holder Is additional Insured,per the attached form#CG Di 86.11 03,to the extent required by written contract,subject to policy terms and conditions.Coverage is primary and non-cantributo A@Ltheatftlr� CG DO 37 04 05,to the extent required by written contract,subject to policy terms and conditions. t'ttVY�tJ MICHAEL E.GATES 1 omptEr CERTIFICATE HOLDER r OF hUNfIN B A�ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i INSURED: Davis Farr, LLP COMMERCIAL GENERAL LIABILITY POLICY NO.: 6804J154861 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • GENERAL DESCRIPTION OF COVERAGE— This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exdusions may apply to these coverages.Read all the PRO- VISIONS of this endorsement carefully to determine rights,duties, and what Is and is not covered. • A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers •Perils of fire,explosion, lightning,smoke,water . J. Aircraft Chartered with-Crew • Limit increased to$300,000 K. Non-Owned Watercraft—Increased C. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured—Managers or L. Increased Supplementary Payments Lessors of Premises •Cost for bail bonds increased to$2,500 E. Blanket Additional Insured—Lessor of •Loss of earnings increased to$500 per day leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense . G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage—Bodily Injury O. Reasonable Force—Bodily Injury or Property Damage , i • • PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in item 1.of the Declare- 1. The last paragraph of COVERAGE A. BOO- , tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named In item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following: 1 other than a partnership or joint venture,over Exclusions c.through a.do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of "• However,coverage for any such organization the owner,caused by; will cease as of the date during the policy pe- a. Fire; riod that you no longer maintain ownership of, u or majority interest in,such organization. b. Explosion: 2. WHO IS AN INSURED (Section 11) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire,explosion, a. Coverage under this provision is afforded or lightning;or g only until the 180th day after you acquire e. Water. r or form the organization or the end of the policy period,whichever is earlier,unless A separate limit of Insurance applies to this , reported in writing to us within 180 days coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per ANCE(Section 111). j son or organization for which coverage is ex- 2. This Insurance does not apply to damage to eluded by endorsement. premises while rented to you, or temporanly CG D1 8611 03 Copyright, The Travelers Indemnity Company,2003 Page 1 of 5 i j CH ACCIDENT S 1>000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory n NH) E.L DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under i,000,000 i DESCRIPTION OF OPERATIONS below E.L DISEASE-POUCY LIMIT S C Professional Liab.- CA820185202 05/21/2018 05)21/2019 Ea Claim/Aggregate 5,000,000 C (Claims Made) CA820185202 05/21/2018 05/21/2019 Ded.-Ea Claim/Agg. 50,000 a I DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES IACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Professional Liability(Claims Made)Policy:Retroactive Date:05/15/2015 Certificate holder Is additional Insured,per the attached form#CG Di 86.11 03,to the extent required by written contract,subject to policy terms and conditions.Coverage is primary and non-cantributo A@Ltheatftlr� CG DO 37 04 05,to the extent required by written contract,subject to policy terms and conditions. t'ttVY�tJ MICHAEL E.GATES 1 omptEr CERTIFICATE HOLDER r OF hUNfIN B A�ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i COMMERCIAL GENERAL L►ABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner,caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of pres- Coverages)is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OFSUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure,caused by or resulting from wa- payments we make for injury or damage arising • _ ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines,or steam turbines, by you or on your behalf, done under a contract 3. Part 6. of LIMITS OF INSURANCE (Section with that person or organization; "your work"; or "your products". We waive this right where you III)is deleted and replaced by the following: have agreed to do so as part of a written contract, . Subject to 5, above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of-"property damage"to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED(Section iI)is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cured prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance cr use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion,lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or I. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the i The Damage To Premises Rented To You limits which you agreed to provide, or the lim- :• R Limit will be the higher of: - its shown on the Declarations, whichever Is less. a. $300,000;or - t b. The amount shown on the Declarations 2. The insurance afforded to the additional in- sured does not apply to: for Damage To Premises Rented To You Limit. a. Any "occurrence" that takes place after you cease to be a tenant in that premises; i 4. Under DEFINITIONS (Section V), Paragraph . I a. of the definition of "Insured contract" is b_ Any premises for which coverage is ex- i amended so that It does not include that por- eluded by endorsement;or ton of the contract for a lease of premises c. Structural alterations, new construction or I that indemnifies any person or organization demolition operations performed by or on i for damage to premises while rented to you, behalf of such additional insured. i or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner,caused by: sured is excess over any valid and collectible i a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed In a written contract for this insurance to apply on a prt- c. Lightning; mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning;or OF LEASED EQUIPMENT i e. Water. WHO iS AN INSURED(Section II)Is amended to i 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional Insured") with i Page 2 of 5 Copyright,The Travelers Indemnity Company, 2003 CG D1 86 11 03 I i 1 ject to policy terms and conditions. t'ttVY�tJ MICHAEL E.GATES 1 omptEr CERTIFICATE HOLDER r OF hUNfIN B A�ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured,but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any ' of equipment leased to you by such additional in- sured, subject to the following provisions: registered nurse, licensed practical nurse, emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any"employees"rendering less. "Good Samaritan services"will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ • sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires;or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or"property damage" aris- ITY(Section I—Coverages): ing out of the sole negligence of such ad- (This insurance does not apply to:) Liability ditional Insured. arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured Is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the Insured. sured, unless you have agreed in a written 5. For the purposes of determining the appiica- contract for this insurance to apply on a pri- bie limits of insurance, any act or omission, mary or contributory basis, together with all related acts or omissions in 1 F. INCIDENTAL MEDICAL MALPRACTICE the famishing of the services described in 1. The definition of "bodily injury" in DEFINi- paragraph 2. above to any one person,will be TIONS(Section V)is amended to Include"In- considered one"occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply If you are In 2. The following definition is added to DEFINI- the business or occupation of providing any of • • TIONS(Section V): the services described in paragraph 2,above. . "Incidental medical malpractice Injury" means 7. The Insurance provided by this Provision F. bodily injury,mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, inducting death !edible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on Ing out of the rendering of, or failure to ran- any other basis, except for Insurance pur- der,the following services: chased specifically by you to be excess of a. Medical,surgical,dental,laboratory,x-ray this policy. or nursing service or treatment,advice or G. PERSONAL INJURY — ASSUMED BY CON- Instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances;or ITY (Section I — Coverages) is deleted and replaced by the following: c. First aid. d. "Good Samaritan services". As used In (This Insurance does not apply to:) this Provision F., "Good Samaritan ser Contractual Liability vices" are those medical services ren- "Advertising Injury" for which the insured has dered or provided In an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright,The Travelers Indemnity Company,2003 Page 3 of 5 003 CG D1 86 11 03 I i 1 ject to policy terms and conditions. t'ttVY�tJ MICHAEL E.GATES 1 omptEr CERTIFICATE HOLDER r OF hUNfIN B A�ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section II) do 2. Subparagraph f. of the definition of 'insured not apply to"bodily injury"for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1.or 2.above. feted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- • ment pertaining to your business (inciud- tained in the Aircraft, Auto Or Watercraft Ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality)under which you assume the DAMAGE LIABILITY(Section I—Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft • "bodily Injury,""property damage"or"per- chartered with crew to any insured. sonal injury" to a third party or organize- ' tion. Tort liability means a liability that 2. This Provision J. does not apply If the char- would be Imposed by law in the absence tered aircraft is owned by any Insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excess over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, I JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- . H. EXTENSION OF COVERAGE — BODILY IN- chased specifically by you to be excess of this policy. The definition of "bodily 'u (DEFINITIONS — K. NON-OWNED WATERCRAFT injury' � 1. Subparagraph The exception contained in Subpaagrap ( ) Section V)Is deleted and replaced by the follow- 1 Ing: of the Aircraft, Auto Or Watercraft Exclu- "Bodily injury" means bodily injury, mental an- sion in Part 2., Exclusions of COVERAGE A. I BODILY INJURY AND PROPERTY DAMAGE gulsh, mental injury, shock, fright, disability, hu- LIABILITY(Section I—Coverages)is deleted miliation, sickness or disease sustained by a per- and replaced by the following: ' J son,including death resulting from any of these at s any time. (2) A watercraft you do not own that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and I VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily Injury" to a co-"employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's"employment by with your expressed or implied consent,either you, or to your"volunteer workers"while per- uses or is responsible for the use of a water- 1 forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectibie Insurance available to the Insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- s 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of • respect to "bodily injury" to a co-"volunteer this policy, worker"while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business,or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY pioyment by you, provided that this coverage MENTS— COVERAGES A AND B (Section 1 — for your "volunteer workers" does not apply Coverages)are amended as follows:• € while performing duties unrelated to the con- 1. In Part b.the amount we will pay for the cost 1 duct of your business. of bail bonds is increased to$2500. I ! Page 4 of 5 Copyright,The Travelers Indemnity Company,2003 CG D1 86 11 03 1 1 I r 1 1 BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i COMMERCIAL GENERAL LIABILITY • 2. In Part d. the amount we will pay for loss of which you are required to notify us in wilting earnings is Increased to$500 a day, of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy, GENERAL LIABILITY CONDITIONS(Section N. UNINTENTIONAL OMISSION IV), paragraph 2.(Duties In The Event of Oc- • currence,Offense,Claim or Suit): The following Is added to COMMERCIAL GEN • - Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), • which may result In a claim under this insur- paragraph 6.(Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the"occurrence"or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever,this Provision N.does not affect our right to • sured or an "employee" (such as an Incur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator)designated by you to give such notice, applicable state Insurance laws, codes or regula- Knowledge by other"employee(s)"of an "oc- tions. currence"or of an offense does not imply that O. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given In The Expected Or Intended Injury Exclusion In good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation Insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I—Coverages) Is deleted and replaced soon as practicable after any insured listed by the following: • } under Paragraph 1.of Section II—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance,loss control or risk manager or adminis- Expected or Intended Injury or Damage • trator) designated by you to give such notice "Bodily injury" or"property damage"expected or discovers that the "occurrence", offense or intended from the standpoint of the Insured. This claim may Involve this policy, exclusion does not apply to "bodily injury" or 3. However,this Provision M.does not apply as "property damage" resulting from the use of rea- . respects the specific number of days within sonabie force to protect persons or property. • y • • 11 1 CG D1 8611 03 Copyright, The Travelers Indemnity Company,2003 Page 5 of 5 yee's"employment by with your expressed or implied consent,either you, or to your"volunteer workers"while per- uses or is responsible for the use of a water- 1 forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectibie Insurance available to the Insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- s 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of • respect to "bodily injury" to a co-"volunteer this policy, worker"while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business,or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY pioyment by you, provided that this coverage MENTS— COVERAGES A AND B (Section 1 — for your "volunteer workers" does not apply Coverages)are amended as follows:• € while performing duties unrelated to the con- 1. In Part b.the amount we will pay for the cost 1 duct of your business. of bail bonds is increased to$2500. I ! Page 4 of 5 Copyright,The Travelers Indemnity Company,2003 CG D1 86 11 03 1 1 I r 1 1 BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i INSURED: Davis Farr, LLP • COMMERCIAL GENERAL LIABILITY POLICY NO.: 6804J154861 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal Injury' or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However,if you specifically agree In a written con- cess Insurance regarding any other primary in- tract or written agreement that the Insurance pro- surance available to you Is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this Insur- Subparagraph(1): ance Is primary to other insurance that is avail- That Is available to the insured when the Insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named Insured, and we will not share with that other insurance, provided p°rcY including any umbrella or excess policy. that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and i • • Jf}} Igjf • +9#Y CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies,Inc.All rights reserved. Page 1 of 1 urer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I—Coverages) Is deleted and replaced soon as practicable after any insured listed by the following: • } under Paragraph 1.of Section II—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance,loss control or risk manager or adminis- Expected or Intended Injury or Damage • trator) designated by you to give such notice "Bodily injury" or"property damage"expected or discovers that the "occurrence", offense or intended from the standpoint of the Insured. This claim may Involve this policy, exclusion does not apply to "bodily injury" or 3. However,this Provision M.does not apply as "property damage" resulting from the use of rea- . respects the specific number of days within sonabie force to protect persons or property. • y • • 11 1 CG D1 8611 03 Copyright, The Travelers Indemnity Company,2003 Page 5 of 5 yee's"employment by with your expressed or implied consent,either you, or to your"volunteer workers"while per- uses or is responsible for the use of a water- 1 forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectibie Insurance available to the Insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- s 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of • respect to "bodily injury" to a co-"volunteer this policy, worker"while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business,or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY pioyment by you, provided that this coverage MENTS— COVERAGES A AND B (Section 1 — for your "volunteer workers" does not apply Coverages)are amended as follows:• € while performing duties unrelated to the con- 1. In Part b.the amount we will pay for the cost 1 duct of your business. of bail bonds is increased to$2500. I ! Page 4 of 5 Copyright,The Travelers Indemnity Company,2003 CG D1 86 11 03 1 1 I r 1 1 BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i CITY OF HUNTINGTON BEACH Professional Service Approval Form •"`A PART Date: 2/26/2019 Project Manager Name: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Capital Asset Inventory Services for the Public Cable Television Authority 2) Estimated cost of the services being sought: S 8,200 3) Are sufficient funds available to fund this contract? ❑ Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) —Other Interagency Agreement procedure will be utilized. ® MC 3.03.08 —Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council%--tf the answer to this question is "No," the contract will require approval from the City Council.) ❑ Yes ❑ No Fiscal Services Manager Signature (Purchasing Approval) Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year FY18/19 10030101.69300 $8/200 $ $ $ $ udget Approval 3/5M Date ent Head Signature(s) G Date Chi f Financial Officer Signature Date r iyA sistant anager s Signature s911,2ate APPROVED DENIF 3'�4��5 C ager's Signature Date part 1 pcta capital asset inventory REV: February 2015 f Section II—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance,loss control or risk manager or adminis- Expected or Intended Injury or Damage • trator) designated by you to give such notice "Bodily injury" or"property damage"expected or discovers that the "occurrence", offense or intended from the standpoint of the Insured. This claim may Involve this policy, exclusion does not apply to "bodily injury" or 3. However,this Provision M.does not apply as "property damage" resulting from the use of rea- . respects the specific number of days within sonabie force to protect persons or property. • y • • 11 1 CG D1 8611 03 Copyright, The Travelers Indemnity Company,2003 Page 5 of 5 yee's"employment by with your expressed or implied consent,either you, or to your"volunteer workers"while per- uses or is responsible for the use of a water- 1 forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectibie Insurance available to the Insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- s 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of • respect to "bodily injury" to a co-"volunteer this policy, worker"while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business,or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY pioyment by you, provided that this coverage MENTS— COVERAGES A AND B (Section 1 — for your "volunteer workers" does not apply Coverages)are amended as follows:• € while performing duties unrelated to the con- 1. In Part b.the amount we will pay for the cost 1 duct of your business. of bail bonds is increased to$2500. I ! Page 4 of 5 Copyright,The Travelers Indemnity Company,2003 CG D1 86 11 03 1 1 I r 1 1 BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i '' CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form h2019Ow PART II Fir . •--,fartli,_ Date: 2/26/2019 Project Manager: Dahle Bulosan Requested by Name if different from Project Manager: Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Davis Farr LLP 2) Contract Number: ADM (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $8,200 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year FY18/19 10030101.69300 $8,200 $ $ $ $ $ $ $ $ $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Atta h Exhibit B, which describes the payment terms of the contract. Z"z7.q Depa Date /0---A Fiscal Se • anager(Purchasing) Date V Budget Mana•-r3r val Signature Date Chief Financial Officer(or designee) Signature Date part 2 pcta capital asset inventory tant anager s Signature s911,2ate APPROVED DENIF 3'�4��5 C ager's Signature Date part 1 pcta capital asset inventory REV: February 2015 f Section II—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance,loss control or risk manager or adminis- Expected or Intended Injury or Damage • trator) designated by you to give such notice "Bodily injury" or"property damage"expected or discovers that the "occurrence", offense or intended from the standpoint of the Insured. This claim may Involve this policy, exclusion does not apply to "bodily injury" or 3. However,this Provision M.does not apply as "property damage" resulting from the use of rea- . respects the specific number of days within sonabie force to protect persons or property. • y • • 11 1 CG D1 8611 03 Copyright, The Travelers Indemnity Company,2003 Page 5 of 5 yee's"employment by with your expressed or implied consent,either you, or to your"volunteer workers"while per- uses or is responsible for the use of a water- 1 forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectibie Insurance available to the Insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- s 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of • respect to "bodily injury" to a co-"volunteer this policy, worker"while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business,or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY pioyment by you, provided that this coverage MENTS— COVERAGES A AND B (Section 1 — for your "volunteer workers" does not apply Coverages)are amended as follows:• € while performing duties unrelated to the con- 1. In Part b.the amount we will pay for the cost 1 duct of your business. of bail bonds is increased to$2500. I ! Page 4 of 5 Copyright,The Travelers Indemnity Company,2003 CG D1 86 11 03 1 1 I r 1 1 BE CANCELLED BEFORE CI of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZE)REPRESENTATIVE] i d1 :�j .. I LC ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. . The ACORD name and logo are registered marks of ACORD I i