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HomeMy WebLinkAboutAmeriNational Community Services, Inc. - 2010-07-20Name of Contractor AmenNational Community Services, inc Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Compliance Monitoring Inspection Services Amount of Contract $30,000 Copy of contract distributed to The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept ❑ Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Date Na a/EXtensiofl City Attorneys Office -7A() G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND A er,Nat,nnal ConmunitySeiyices, Inc_ FOR Compliance Monitoring Inspection Services Table of Contents 1 Scope of Services 1 2 Agency Staff Assistance 2 3 Term, Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 Agency Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 nr w-TYr #! 0 9 l 1� D " T* if OF cr%c�' �- . =L.OsPblr-$ T PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND AmenNational Community Services Inc FOR Compliance Monitoring Services THIS AGREEMENT ( Agreement ) is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach a public body of the State of California, hereinafter referred to as 'AGENCY and AmenNational Community Services Inc a Minnesota Corporation hereinafter referred to as 'CONSULTANT ' WHEREAS AGENCY desires to engage the services of a consultant to provide Compliance Monitoring Services . and Pursuant to documentation on file in the office of the Agency 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 AGENCY 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 Veronica Repanti who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement agree/surfnet/agency prof Svcs 50 to 100 1207 1 of 11 2 AGENCY STAFF ASSISTANCE AGENCY 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 on'd U L \j Z-o 20 10 (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 Q, o2, S 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 AGENCY 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 AGENCY 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 Thirty Thousand ($ 30 000 00 Dollars In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/surfnet/agency prof Svcs 50 to 100 1207 2ofII such work only after receiving written authorization from AGENCY Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained b 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 AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by AGENCY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect defend, indemnify and hold harmless AGENCY 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 AGENCY CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT s counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/agency prof svcs 50 to ] 00 1207 3of11 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 AGENCY 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 without the express written consent of AGENCY however an insurance policy "deductible' of Ten Thousand Dollars (S10,000 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 AGENCY 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 AGENCY with required proof that insurance has been procured and is to force and paid for, the AGENCY shall have the right, at the AGENCY s agree/surfnet/agency prof secs 50 to ] 00 1207 4ofII 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 AGENCY for any work performed prior to approval of insurance by the AGENCY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel 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 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 AGENCY 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 AGENCY 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 agree/surfnet/agency prof svcs 50 to 100 1207 5of11 11 INDEPENDENT CONTRACTOR CONSULTANT 1s, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY 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 AGENCY 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 AGENCY shall be made to 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 AGENCY 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 AGENCY 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 agreetsurfnet/agency prof sves 50 to 100 1207 6ofII 14 COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement No officer or employee of AGENCY 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 heremabove) or to AGENCY 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 AGENCY 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 AGENCY Redevelopment Agency of the City of Huntington Beach ATTN Director of Econ. Developmt 2000 Main Street Huntington Beach CA 92648 agree/surfnet/agency prof svcs 50 to 100 1207 7of11 TO CONSULTANT AmeriNational Community Svcs, Inc Marketing and Contracts Mgr Attn Amber Amundson 217 South Newton Avenue Albert Lea, MN 56007 17 CONSENT When AGENCY'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 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 agree/surfnet/agency prof svcs 50 to 100 1207 8of11 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 AGENCY agree that AGENCY 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 Agency Counsel is the exclusive legal counsel for AGENCY and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT agree/surfnet/agency prof svcs 50 to 100 1207 9 of 11 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 attorneys 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 herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not in fact held by the si ory ors thdraw" CONSUL,TANT's Initials 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 parry's agree/surfnet/agency prof svcs 50 to 100 1207 10 of 11 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers This Agreement shall be effective on the date of its approval by the Agency Counsel This Agreement shall expire when terminated as provided herein CONSULTANT, AmeriNational Fgvmmunity Svcs Inc C PA Y NAME By iC t1&- - 7d t�R print name ITS (circle one) Chairman/Pr iden ice President AND By pnnt - ---- —.� ITS (cir one) Secretary/Chief Financial 0 icer/Asst Secre — Treasurer agree/surfnet/agency prof svcs 50 to 100 1207 11 of 11 REDEVELOPMENT AGENCY OF THE CITY OF HUNTIN,rTON BEACH, a political body of the State of Valifednia Executive Director INITIATED AND APPROVED Depu xecutive Director APPROVED AS TO FORM Agency Coun el Date _ 7/ Z-D Z I-& 10 1DI 11 11 cope o� Work Tenant File Selection and Physical Inspection Procedures The following administrative procedures at a minimum will be reviewed on every property selected, with any findings being reflected by AmeriNational on the Management Review and Physical Inspection Summary reports Properties will be selected and inspections will be scheduled as agreed in advance between ACS and the City Upon completion tenant file selection and physical inspections will occur 1 Tenant Selection and orientation n Maintenance Program iii Security Program iv Organization and supervision v Training vi Advertising and Affirmative Fair Marketing Plan vii Tenant Programs and Services 1 Tenant File Selection AmenNational will randomly select and inspect tenant files for each property Within each of the tenant's files reviewed, AmeriNational will inspect and verify the following a Application(s) — check for completeness and inclusion of total income from all sources, including assets b Tenant Income Certification (the initial and/or current) — check completeness and confirm the amount of income documented in the tenant file c Venfication(s) of income — examine for completeness and compare to the application and the initial and/or current Tenant Income Certification for agreement d Lease (initial and current) — examine to ensure that all occupants of the unit are listed, the lease is fully executed, and the terms of the lease meet Land Use Restriction Agreement (LURA) and/or Extended Use Agreement (EUA) requirements and confirm that the current rent for the unit does not exceed the applicable rent limits, if any e The sequence of the certification procedure to ensure that no person or family occupies a Development unit prior to being properly certified 1 Housing Credit — Randomly examine a mimmum of twenty percent (20%) of the low or very low-income units in the Development Where the application of the twenty percent rule results in a fraction of a file, that file shall be considered to be included in the files selected for examination n HOME Rental — For Developments comprised of buildings with more than four (4) units per building, randomly select for examination tenant files equivalent to fifteen percent (15%) of the set aside units in the Development, with the intent of obtaining at least one (1) tenant file from each building For Developments comprised of buildings with four (4) units or less randomly select for examination tenant files equivalent to fifteen percent (15%) of the set aside units in the Development where the application of the fifteen percent rule results in a fraction of a file, that file shall be considered to be included in the files selected for examination f The Development s Unit -Displacement Policy, g Evidence that the Developer provided advisory services to the tenants including notices, information booklets, explanation of assistance, referrals to social services, counseling, and advice under the Fair Housing Act, and, h Multifamily Housing Revenue Bond (MHRB) Units - randomly select for examination a minimum of ten percent (10%) of the tenant files (of the set -aside units in the Development) with the intent of obtaining at least one (1) tenant file from each building Where the application of the ten percent rule results in a fraction of a file, that file shall be considered to be included in the files selected for examination 1 All other City of Huntington Beach funding sources — Files will be selected based on either the HOME Rental, MHRB, or Housing Credit file selection criteria The choice of which criteria will be utilized will be agreed upon by the City of Huntington Beach and AmeriNational If a property has multiple funding sources the most restrictive selection criteria will be applied Example Development has HOME, MHRB, and Housing Credit, the files would be selected based on the HOME Rental guidelines 2 Physical Inspection AmenNational will inspect a Development's units to determine if those units meet the HUD Uniform Physical Condition Standards, HQS and/or local and state codes Physical Inspection includes a Inspection of the buildings including unit features Development amenities and the grounds including landscaping to identify any deferred maintenance issues and evaluate overall appearance and compliance with LURA and/or EUA requirements and indicate findings on the Management Review and Physical Inspection Summary b The number of units to be inspected will at no time be less than one unit per building (if there is more than one program, the most stringent applies) i Housing Credits — 20% of the set -aside units (the same units as for the tenant files inspected randomly selected ii HOME Rental — as follows # of HOME Units in the Project # of Units to be Inspected HOME + Other 1— 5 0 5 + 1 other 51 — 200 8 + 2 random 200 - + 10 + random in MHRB Rental — as follows # of MHRB Units in the Project # of Units to be Inspected Bond + Other 1— 50 5 + 1 other 51 — 200 8 + 2 random 200 - + 10 + random iv For all other City of Huntington Beach funding sources, the units inspected will be selected based on the HOME Rental, MHRB or Housing Credit criteria as agreed upon by the City of Huntington Beach and AmeriNatxonal If a property has multiple funding sources, the most restrictive selection criteria will be applied Example Development has HOME, MHRB, and Housing Credit, the files would be selected based on the HOME Rental or MHRB guidelines 3 Reporting Findings and Discrepancies a Transmittal of Management Review and Physical Inspection Summary Prior to distributing the Management Review and Physical Inspection Summary, AmenNational will review with the City of Huntington Beach staff the number and nature of the items found during our examination of records and physical inspection of the Development It is anticipated that this will be done for the first 5 or b reviews until the City of Huntington Beach has a level of comfort with the staff from AmenNational, as well as for AmenNational to have an idea of how the City of Huntington Beach interprets the various types of discrepancies versus our interpretation The goal is to build a working relationship with the City of Huntington Beach Staff in order to tailor servicing parameters specific to the City's policies and affordable housing programs AmenNational will prepare and mail/email the Management Review and Physical Inspection Summary to the Owner/Developer, the Management Company representative, the onsite manager, and the City of Huntington Beach The Owner/Developer must acknowledge receipt of the Management Review and Physical Inspection Summary to AmenNational within ten (10) Days from the date the Summary was mailed and/or emailed and respond in writing to AmenNational and the City of Huntington Beach within thirty (30) Days of the date the Summary was mailed The response received from the Owner/Developer and/or Management Company must address all noted discrepancies and indicate the manner in which corrective action has been made The response should also include as applicable, supporting documentation and photographs if requested AmenNational shall review the response to determine whether all discrepancies have been satisfactorily corrected, obtain confirmation from the City of Huntington Beach that they are in agreement with that assessment, and follow-up with the Owner/Developer and/or Management Company representative until all discrepancies are resolved If a response has not been received by the due date AmeriNational shall advise The City of Huntington Beach and follow up with the Owner/Developer and/or Management Company until the response is received b Close Out Letters Once the City of Huntington Beach and AmeriNational have agreed that all items cited in the Management Review and Physical Inspection, have been satisfactorily corrected, AmeriNational will provide the Owner/Developer, Management Company, on -site staff, and the City of Huntington Beach with a close-out letter c Meeting with City of Huntington Beach Staff At the request of or as needed by City of Huntington Beach, AmeriNational will arrange for and/or attend affordable housing compliance monitoring -related meetings EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1 CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules 2 Delivery of work product A copy of every memorandum, letter report, calculation and other documentation prepared by CONSULTANT shall be submitted to AGENCY to demonstrate progress toward completion of tasks In the event AGENCY rejects or has comments on any such product AGENCY shall identify specific requirements for satisfactory completion 3 CONSULTANT shall submit to AGENCY an invoice for each monthly progress 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 AGENCY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement AGENCY shall approve the invoice in which event payment shall be made within thirty (30) days of receipt of the invoice by AGENCY Such approval shall not be unreasonably withheld If AGENCY does not approve an invoice AGENCY 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 AGENCY 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 4 Any billings for extra work or additional services authorized in advance and in writing by AGENCY shall be invoiced separately to AGENCY 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 AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY 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 agreelsurfnet/agency prof svcs 50 to 100 Exhibit B Fee Schedule Program Monitoring annual fee $2,750 per property Extraordinary services $150 00 per hour Fee will be invoiced following completion of Scope of Work on each respective property Fee is based on completion of Scope of Work on a group of ten (10) projects as identified and agreed to by ACS and the City In the event the City requests extraordinary services to be performed by AmeriNational not specifically set forth in the Scope of Services and AmeriNational agrees to perform the requested extraordinary service(s), AmeriNational shall undertake such service(s) after receiving written authorization from the City Additional compensation for such service(s) shall be allowed as agreed upon in writing by both the City and AmenNational Su j't� INSURANCE AND INDEMNIFICATION WAIVER HungB n Beuh MODIFICATION REQUEST o 1 Requested by Economic Development Department JUL 12 2010 2 Date July 7, 2010 City of Huntington Beacn City Attorn®y s 4iffi4e 3 Name of contractor/permittee AmenNational Community Services 4 Description of work to be performed Housing Compliance Monitoring Inspections and Reports 5 Value and length of contract $30,000 / One year contract 6 Waiver/modification request deductible / professional services contract 7 Reason for request and why it should be granted Deductible will help defray the cost of insurance Consultant has continually been awarded other larger contracts with the City for various types of compliance monitoring 8 Identify the risks to the City in approving this waiver/modification unknown A-::2 �-,o 7- T -la Depqktment Head Signature Date APPROVALS Approvals must be obtained in the order listed on this form Two approvals are required for a request to be granted Approval from the City Administrators Office is only required if Risk Management and thejCity Attorneys Office disagree 1 Risk Management 4Approved ❑ Deniedr� Signature Date 2 City Attorney's Office `AL -AL ❑ Denied 1 b 8.1 g. n4a0e bate 3 City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorneys Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Human Resources �v Waiver Form 7/7/2010 3 53 00 PM l A OP ID A -CORD CERTIFICATE OF LIABILITY INSURANCE AMER-11 DATE (MMIDD(YYYY) 09 03 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McNamara Company www mcnamaracompany corn 1330 East Highway 96 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Paul MN 55110 ne 651-426-0607 Fax 651-426-5790 INSURERS AFFORDING COVERAGE NAIC # INSURED AmeriNational Community Services Inc American Bankcorporation American Bank of St Paul Inc INSURER A Chubb Group of In urance C INSURER NAIC CODE 20303 INSURER XL Specialty Insurance INSURER D NAIC CODE 37885 217 S Newton Ave Albert Lea MN 56007 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 19 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR — -- TYPE OFF POLICY NUMBER EFFECTW ATE MM/DRIYY POLICY EXPIRATION DATE MM1DDlYLICY LIMITS _ A GENERAL LIABILITY X COMMERCIALGENERAL LIABILITY CLAIMS MADE ® OCCUR X Mtg Protection 35800320 35800320 08/01/09 08/01/09 08/01/10 08/01/10 EACH OCCURRENCE $ 1 , 000 , 000 PREMISES (Eaoccurence) $ 1,000,000 VIED E<P (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 1 000,000 GENLAGGREGATELIMITAPPLIESPER POLICY F7 jE LOC PRODUCTS COMPIOPAGG $included A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS 74983745 I D AS To I XTQI*.:�J YT 08/01/09 Dp� +�I�! 08/01/10 COMBINED SINGLE LIMIT (Ea accident) $ �' � ��� � �UD BODILY INJURY (Per person) $ BODILY INJURY (Pera cident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ A EXCESSIUMBRELLA LIABILITY OCCUR CLAIMSMADE PDEDUCTIBLE X RETENTION $ 10 000 79813523 08/01/09 08/01/10 EACH OCCURRENCE S10,000,000 AGGREGATE $ 10,000,000 $ $ A A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? Ifyes describe under SPECIAL PROVISIONS below 71712722 (CALIFORNI 71712593 (MN KS FL MID) ) 08/27/09 08/01/09 08/27/10 08/01/10 X TWI ORY LIMITS X ER E L EACH ACCIDENT $ 500 000 EL DISEASE EAEMPLOYEE $ 500 000 E L DISEASE POLICY LIMIT s500,000 A A OTHER Bankers Blkt Bond Professional/D&O 81909669 68031648 08/01/09 08/01/09 08/01/10 08/01/10 $5,000 000 $2 000 000* DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *C-$3,000,000 Excess Directors & Officers-8/15/09 to 8/1/10 Policy No ELU11304109 $3,500,000 Lending Liability as per policy form Certificate Holder is named as additional insured for General Liability coverage See Minnesota State Statute 60A 39 GtK I II -ILA I C 17ULLJtK r 1v111 HUNTBEA 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 City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 2000 Main Street PO Box 190 Huntington Beach CA 92648 REPRESENT ATIV ; 0 ArnRn 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 ACORD 25 (2001I08) L cHuME3 L►ab►hty Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms GENERAL LIABILITY WHO IS ANINSURED AUGUST 1 2009 TO AUGUST 1 2010 AUGUST 1 2009 3580 03 20 DMO AMERICAN BANCORPORATION AMERICAN BANK OF ST PAUL GREAT NORTHERN INSURANCE COMPANY SEPTEMBER 9 2009 Y I Y ,vnaa R2. C. A / a a I - Under Who Is An Insured the following provision is added Designated Person Or Organization Any person or organization designated below is an insured but they are insureds only with respect to Iiability arising out of your operations or premises owned by or rented to you City of Huntington Beach 2000 Main Street P O Box 190 Huntington Beach CA 92648 Insurance is primary and non contributory All other terms and conditions remain unchanged Authonzed RepresentativeP64J; Liability Insurance ADDL INS SCHEDULED PERSON OR ORGANIZATION lastpage Form 60 02 2373 (Ed 4 94) Endorsement Page I W CITY OF HUNTINGTON BEACH x Professional Approval Form ,fr2f�1' PART 11 Date 7/12/2010 Project Manager Sidney Stone Requested by Name if different from Project Manager Terri King Department Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Name of consultant AmeriNational Community Services 2) Contract Number ECD 010 042 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract $ 30 000 4) Is this contract less than $50 000? ® Yes L 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 see- 6xb A +0coprz-ek 10) Attach Exhibit B which describes the payment terms of the contract See ab .3 1-0 CO)4TdcT Directo of F nc (or designee) Signature bate Request for Proposal (RFQ) Response List Affordable Mousing Compliance Monitoring Services July 31, 2008 Rosenow Spevacek Group Inc Ameri National Community Services Attn David Gilbert Attn Michelle Gylten 309 West 4th Street 8121 E Florence Ave r'ec Santa Ana, CA 92701 Downey, CA 90240 1 ns r PH (714) 541-4585 X 100 PH 1800-943-1988 ext 248 FAX (714) 541-1175 FAX (562) 927-3578 Email d ilbert,webrsg com Email Michelle Gylten (emailed and mailed 7/8/08) mg lten ,amermational net 4 copies of proposal received 7/31/08 (emailed and mailed 7/8/08) 4 copies of proposal received 7/30/08 Urban Futures Inc Keyser Marston Associates Attn Anita McCarty Attn Kathe Head 3111 N Tustin, Suite 230 500 South Grand Ave Suite 1480 Q 6 in Orange, CA 92865-1753 Los Angeles, CA 90071, PH (714) 283-9334 PH (213) 622-8095 r FAX (714) 283-8963 FAX (213) 622-5204 Email anitam(c�r�,urbanfuturesmc com Email kheadAkeysermarston com 4 copies of proposal received 7/30/08 (emailed and mailed 7/8/08) 4 copies of proposal received 7/31/08 Glenn M Gelman & Associates Pacific Municipal Consultants Attn Ron Lopez, CPA Attn Amy Jacobson 1940 E 171h St 21171 S Western Avenue, Suite 200 Santa Ana, CA 92705 Torrance, CA 90501 PH (714) 667-2600 X 253 PH (310) 224-4500 FAX (714) 667-2636 FAX (310) 320-5772 Email rlopezAgmgcpa com Email ajacobson@pmcworld com 4 copies of proposal received 7/28/08 4 copies of proposal received 7/31/08 ✓ F�T`i�vcro `� 1 � � Q'i \ tv ti+.,� johrl CITY OF HUNTINGTON BEACH Professional Service Approval o, P't 1�1 "I Irl PART I Date 6/29/2010 Project Manager Name Terri King/Sidney Stone Requested by Name if different from Project Manager D�: I i, -14 Department Economic Development FCr—P\OV, 07-- ELOPLiEt4T PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, 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 Housing Compliance Monitoring Inspection Services as required by the Federal Government (HUD) the State of California City of Huntington Beach Housing Compliance Monitoring Policies and other funding sources 2) Estimated cost of the services being sought $ 30 000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is No the contract will require approval from the City Council) ® Yes ❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted 306 80301 G�cJQ,lDpl"'re/�7t 4 .`10c,25/�J Al/p �2l�tG�ra� `�I/hC/S , •�u��v 6) Check below how the services will be obtained L ❑ 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 Department Hea�+�nature DENIED ❑ Iministrator s Signature Director of Finances Initials Date ho Date Date Deputy City Administrators Initials Date