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Accretive Solutions - 2007-08-27
CONTRACTS SUBMITTAL70-1 CITY CLERK'S OFFjdtK- 23 P11 3* 42 To: JOAN FLYNN, City Clerk Name of Contractor: Accretive Solutions (Amendment No. 1) Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Temporary Staffing Services Amount of Contract: $49,999.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. 1-1 to Risk Management F Finance Dept. F1 ORIGINAL bonds sent to Treasurer ❑ Date: 7 /� r4ae/Extengion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCRETIVE SOLUTIONS FOR TEMPORARY STAFFING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and ACCRETIVE SOLUTIONS, a California corporation, hereinafter referred to as "CONSULTANT.' WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated August 27, 2007, entitled "Professional Services Contract Between the City of Huntington Beach and Accretive Solutions for Temporary Staffing Services which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to extend the term thereof, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: l . Paragraph 3 of the Original Agreement is hereby amended as follows: 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on August 27, 2007 (the "Commencement Date"). This Agreement shall automatically terminate August 27, 2009, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than August 27, 2009. 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. 08-1763/25350 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in frill force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers _ ,(y Ci 5-r- 2- 7 Z 00 ACCRETIVE SOLUTIONS B ,4 Gtlsr'` print name ITS: (circle one) Chairman/Presiden ice President AND By, z Ae- C- print name ITS: (circle one) Secreta / ref Financial Officer/Asst. Secretary'- reasure CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ity Treasurer Pursuant to HBMC §3.03.100) APPROVED AS TO FORM: City Attorney $1 al 08-1763/25350 2 �AUG-15-2008 00:52 ACCOUNTEC AND ACCRETIVE P.01 i CORD CERTIFICATE F LIABILITY INSURANCE Page. of 2 08/14/2008 raonuCSR 877-945-7378 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIOHTS UPON THE CERTIFICATF. OInca TH 1 e-cR FICATE poEs NOT AMEN BXTI"ND n1a INSURED W1llia Harth America, Ina. 26 cenIzury Blvd, 2 O. Box 303101 Nashville, TN 1723051,91. �..,,,_.,, .... .... ...... Acarotivt California, '..,......., 9olvtAoZtim.Boutherts rrrl,m, T,$C dba SF Coneultante 7700 Irvine Center #950 Irvine. CA 92618 v RAGES S INSURERS AFFORDING COVERAGE NAIC# INaF:.E rz m <t Svxa....__......,..,..,...._........... ,...._._....__....... _........ _............... ..... ._..,... ....... . i................_...,,,,.,._..,._._._.._.._..Ca�au�7,tY,_buurmz►Ge Co an 29�.....,,.,_.._._... INIOIJRERS. Hartford Underwriters %Amuramca Gattw an 30104-QOl s INS'URERC; Illinois National Insurance COSn�iaR - „23,B1T„-001 THE POLICIES OFINSVRANQC LISTED SELOW HAVE I3EI;N U;SUE0 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITH°STANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO VVHCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE" INSURANCE AFFOR= BY THE POLICIES DESCRIED HEREIN is SL18 IECT TO ALL THE TERMS. EXCLUIIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE: UMITI5SHQWN MAY HAVE SEEN REOUCEDBY PAIDCLAIMS, .................. ..,.. _.....__.......__...,_.._......,_..,._............... ... .._..._..._................... 1'YpE a N`SLERq _...__,_, _..,.._......_.. _ _ ....._.._ ....... __ .. ...... .... _...._. ..... __. ..._........ ... p CYNUM p Y Y P LIMIT* A X CIENERALLIABILITY 61UUNTS0450 11/l/2001 11/1/2008 Fw;idoEcui.IR�f2,ENCE .._,_, , S _,J COMMF.RCIAI.rr7J£RAL LIAVILI'fY ppoqpp _ .. `l rt11 r1 .._.. _.,.ICLAIM.SMADE ,�.-;OCC•UR - ':MEOF7(PiMYunL+,Dotson).....is.........._......_...�.Q.✓.1:.Q.!�...... I rGE SONAL &. ADV INJURY.... n,.0. o.,Si a..0 0 D ..... Gs:N6RA...... [GATE 9.u,.,�.Q_Q,Q,1...Q.Q_i�,_, GFN'I,AGGREGA7GjIRWTAPP61F61PFR: ARgDUcTS,pphlPlpPAGQ,µQ AUTOMOBILE LIABILITY - CQMBINED SINGLE LIMIT S ANY AUTO (Eaxaidern) ,` AI.LOWNEDAUTOS WHEEUUIZI AUT05, A�s�D Er d�VY SCsfJtLYINJURY ; (Pot uersv } _ Htl$ jgU7'O:i 'C A FE 1V1C� AT �1 A BOD1LYINJURY Tile NON,ONMEDAUTMS ' } ....G ......... ....................._.... / 71 PR. - AMAGE ' S ( t3 � Q A,.,RAAON'Y 40.91LTY =A CM...D..EN_.T ............................._,. ,._.,..__................ ', AUTOp� ... ._-�-. ...- ........,.�.. ................-.r _ ..._,r _pNL. . _.......... THER - CA G u..... ......._.__. 4 , ,_,.... AUTO GY. G AS A • EXCESSIUNBRELLI`ALZAIBILITY 61RHUAG8718 11/X/2007 11/1/2008 I_EAOCL'URRENC:I:,....__...°.-�r�.aQa._Q..Q..Q.,... �..I grKc1K 4...._i r'LAIMSMAOF .AGGFtV0Are._•--_..._........ ,.....�_'...... _.!!yA. Q, Q.,[ .�,Q...... j5 .~._ IRL-"7ENTION S 10 00 0i I $ a WORK9PS COMPENSATION AND bawaza>�s 5� 17/1/aoo7 11/1/�ooa �... fJATI ` EMPLOYERS' LIA5LITY ANY PRAPr4tI,*Tp14jPARTNERIFXEC,UTIVF (;1Pt=1(BR/MEM31:K EXLLUb�('N ' L.L. nIs[=A,'C-• ea Sc>YE 5 rc%Atu�aavt"i0N5nebw s C,L. pIt•FASE• POi IC:YUMfT I 1.000.000 C OTHER Prufeeeianal 2642764 11 1 11 1 0 Liability Rath Wrongful Act/Apo ?S1.000.000 Limit DESCRIPTIONOfOPERATIONSiLOCATION$Ni ICLF.&MCCLU$IONSADDED 13Y£NDORSeMENTfSPECIALPROVISIONS City of Huntington Beach is included as Additional Insured as respects General Liability as required by written contract. Waiver of ftbrogation applies Do re®peato General Liability as required by written contract. C1;RTIF1 TE H R tiANt; ;LUFk I IUN SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 13E CANCELLED BEFORE THE EXMRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 Q _ DAYS WRITTEN! NOTICE TO THE CERTIFIC;A'rF, HOL09K RAMFO TO THE. LEFT, OUT FAILURE TO OO $0 "LL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AOENTS OR City of muntington Beach RF,PRGSENTATIVES. 2000 main stroat T 0REzcDRE esEgP�. Huntington Beach, CA 92648 Ar•nonnctonntnQl rl-11.-3AAC1WC'i r%,i.rrnnaur IoerM.'t'1'TA7G'I7 ©Arng1CnRPORATION1088 ,AUG-1572008 00:52 ACCOUNTEC AND ACCRETIVE P.02 Page 2 ok 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement On this certificate does not confer rights to the certificate holder In lieu of such endorsernent(s). 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). D19CLAI M ER The Certificete of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD25(2001108) Co11:2446763 Tplt700926 Cert:11182672 Total P.02 d � u Professional Service Contracts Purchasing ce"_ h } slg Certification In n r Amendment // 70 1. Date Requested: 8/5/08 2. Contract Number to be Amended: THE 007 049 019 3. Department: City Treasurer 4. Requested By: Shari L. Freidenrich 5. Name of Consultant: Accretive Solutions 6. Amount of Original/Prior Contract: $49,999.00 7. Additional Compensation Requested: $0 8. Original Commdncement Date: 8/27/07 9. Original Termination Date: 8/27/08 10. Extended Date Requested: 8/27/10 11. Reason for Contract Amendment: Keep contract current pending potential use in the future. 12. Are sufficient funds available to fund this contract? Yes ❑ No 13. Business Unit and Object Code where funds are budgeted: D artment H ad Signature RICHARD AMADRIL Central Services Manager CONTRACTS SUBMITT TCP O27 PKI 3:42 CITY CLERK'S OFFI To: JOAN FLYNN, City Clerk Name of Contractor: Accretive Solutiions Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Temporary Staffing Services Amount of Contract: $49,999.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management F� Finance Dept. F ORIGINAL bonds sent to Treasurer F-1 Date: Nam e!/Extensid'n City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal R 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCRETIVE SOLUTIONS FOR TEMPORARY STAFFING SERVICES Table of Contents Scopeof Services.....................................................................................................1 CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificateof Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCRETIVE SOLUTIONS FOR TEMPORARY STAFFING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this day of r U It , Lkt 200, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Accretive Solutions a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide temporary staffing services ; 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 Sandra Bensworth who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15101-A I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the one year from the "Commencement Date"). This Agreement shall expire on Commencement Date , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. 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. 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 Forty nine thousand nine hundred ninety nine Dollars ($ 49,999.00 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 agree/fortes/profserv10/15101-A 2 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." 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 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 agree/forms/profsery 10/1 M 1-A 3 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 ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. 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. agree/forms/profsery 10/15/01-A 4 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: A. provide the name and policy number of each carrier and policy; B. shall 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 agree/forms/profsery 10/15/01 -A 5 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 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. agree/forms/profsery 10/15101-A 6 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 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 ATIN: Shari Freidenrich 2000 Main Street Huntington Beach, CA 92648 17. CONSENT Sandra Bensworth Accretive Solutions 7700 Irvine Center Drive, Ste 950 Irvine, CA 92618 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. agree/forms/profsery 10/15/01-A 7 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 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 agree/forms/profsery10/15101-A 8 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 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, agree/forms/profsery 10/15101-A 9 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 non -prevailing 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. 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 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 supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profservl0/15/01-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, CITY OF HUNTINGTON BEACH, Accretive Solutions a municipal corporation of the State of California By:, of (' 0 ti / r^ cA4 4-eeQ. J>C4i - (Pursuant 176 HBMC §3.03.100) print name ITS: (circle one) Chairman/Presiden ice President APPROVED AS TO FORM: AND City Attorney C�.y1k 01 B -'&I 2 MC J�� t Gt REVIEWED ND APP VED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secre —Treasurer Ci ministrator (only for c ntracts 50, 000. 00 and over) agree/fonns/profservl 0/15/01 -A 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide qualified staff that will perform a variety of journey -level professional duties in support of various administrative operations and activities related to the City Treasurer Department. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT shall perform a variety of journey level professional duties that include, but are not limited to the following: 1. Perform a variety of administrative, operational, research, and analytical duties in support of departmental activities that include, but are not limited to, investments, cashiering and collections. 2. Perform a variety of professional analyses and studies. 3. Assist in the collection of data and preparation of various reports. 4. Create spreadsheets by using Microsoft Office Excel. 5. Provide temporary staffing needs, as -needed. C. CITY'S DUTIES AND RESPONSIBILITIES: Provide specific details of projects related to the scope of work specified in Section B of this exhibit. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined jmp/contracts group/exA/8/21/07 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the rate of $68 per hour. Total fees shall not exceed Forty Nine Thousand Nine Hundred Ninety Nine Dollars ($49,999.00) for the term of the contract. CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit per year. CONSULTANT shall not continue with any work effort over the amount of the maximum limit per year unless first authorized in writing by CITY authorized representative(s). B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. C. Billin 1. All billings shall be done every two weeks in one -fifteenth -hour (0.15) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for services provided. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty -Five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no agree/forms/exB-hourly fee/8/21/07 EXHIBIT B Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 6. CONSULTANT shall submit to CITY an invoice for each bi-weekly 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. 7. 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 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. 8. 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. agree/forms/exB-hourly fee/8/21/07 EXHIBIT B 2 Hourly Payment TE ACORD,M CERTIFICATE OF LIABILITY INSURANCE Page 1 Of 2 09/10A/2007 PRODUCER 877_945_7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Accretive Solutions -Southern California, LLC INSURERA:Hartford CasualtyInsurance Company 29424-001 dba BF Consultants INSURERS: Hartford Underwriters Insurance Company 30104-001 7700 Irvine Center #950 Irvine, CA 92618 INSURERC:Illinois National Insurance Company 23817-001 INSURER D: INSURER E: - COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. LTR D' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MM/DD/YY LIMITS A X GENERAL LIABILITY 61UUNTE0450 ll/l/2006 11/1/2007 EACHOCCURRENCE $ 1,000,000 PREMISES(Eaoecurence) $ 300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR - MED EXP (Any one person) $ 10.000 PERSONAL & ADV INJURY - $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 - POLICY PRO-- LOC AUTOMOBILE LIABILITY ANYAUTO - - COMBINED SINGLE LIMIT (Ea accident) - $ BODILY INJURY (Per person) - - $ - ALLOWNEDAUTOS - SCHEDULED AUTOS IED 4C o 1a ��7j LY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS - q I n ,6 I3+�.+.Lt.. CC - L7 ! '�"AE9 c�`i}`� - `,1 Qme�' PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO - $ - - - AUTO ONLY: AGG * EXCESS/UMBRELLA LIABILITY 61RHUAG8718 ll/1/2006 ll/1/2007 EACH OCCURRENCE $ 11000,000 X OCCUR 1:1CLAIMS MADE AGGREGATE $ 11000,000 - $ DEDUCTIBLE $ X RETENTION $ 10.00( B WORKERS COMPENSATION AND .EMPLOYERS' LIABILITY 61WBNW6453 ll/l/2006.- 11/l/2007. X TORYLMITS OER E.L. EACH ACCIDENT $. 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE, E.L. DISEASE - EA EMPLOYEE $ 1,000.000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below - - E.L. DISEASE - POLICY LIMIT 1 $ - 11000,000 C OTHERProfessional 9653505 ll 1 2006 11 1 2007 Liability Each Wrongful Act/Agg $1,000,000 Limit DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 6/18/2007 WITH ID: 9069352 City of Huntington Beach is included as Additional Insured as respects General Liability as required by written contract. Waiver of Subrogation applies as respects General Liability as required by written contract. rr-oTICIr ATC LJnI nFR rAMrFI I ATInM - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Huntington Beach REPRESENTATIVES. UTt� yoRIZED RE A 2000 Main Street Huntington Beach, CA 92648 Hunt . y1�'�4_ _ i Fl�•° ,iAj ACORD 25 (2001108) Coll:2104953 Tp1:677904 Cert:9455919 %_11 ©ACORDCORPORATION 1988 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. :O RD 25 (2001/08) Cc11:2104953 Tpl:677904 Cert:9455919 CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification 1. Date: 9/20/2007 2. Department: City Treasurer 3. Requested by: Shari Freidenrich 4. Name of consultant: Accretive Solutions 5. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. See attached exhibit A 6. Amount of the contract: $49,999 7. Are sufficient funds available to fund this contract?' ® Yes ❑ No 8. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 9. Company number and object code where funds are budgeted: 10030403.69365 10. Is this contract less than $50,000? ® Yes ❑ No 11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 12. 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 contract.) 13. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 14. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached consultant list 15. Attach proposed scope of work. See attached exhibit A 16. Attach proposed payment schedule. See attached exhibit B partment ead Signature D AMADRIL Purchasing and Central Services Wnal 1. If the answer to this question is "No," the contract will require approval from the City Council. Contact list of companies submitting RFP's for Temporary Stang Services Moreland and Associates Inc. 1201 Dove Street, Suite 680 Newport Beach, CA 92660 Michael Moreland 949-221-0025 Accretive Solutions 7700 Irvine Center Drive, Suite 950 Irvine, CA 92618 Sandra Bensworth 949-743-2102 AppleOne 990 Knox Street Torrance, CA 90502 Kenneth Landau 310-516-1572