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HomeMy WebLinkAboutCOMPREHENSIVE HOUSING SERVICES, INC - 2003-09-06Su lty Contracts Submittal to City Clerk's offioa HLm, &Xh• A To: City Clerk 1. Name of Contractor: Comprehensive Housing Services, Inc. (Amendment No. 1) 2. Purpose of Contract: For Example. 4udit Services or Water Quality Testing Huntington Lake — Huntington Central Park As needed wage compliance services 3. Amount of Contract: extension of term only Copy of contract distributed to: The ORIGINAL insurance certificatelwaiver sent to Risk Management Initiating Dept._ City Treasurer_ ORIGINAL bonds sent to Treasurer City Attomey's Office Date: 4121/05 g:/Attymisclforms/city clerk contract transmittal.doc AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMPREHENSIVE HOUSING SERVICES, INC., FOR AS -NEEDED WAGE COMPLIANCE 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 COMPREHENSIVE HOUSING SERVICES, INC., a California corporation, hereinafter referred to as "Consultant". WHEREAS, City and Consultant are parties to that certain agreement, dated March 24, 2004, entitled "Professional Services Contract Between the City of Huntington Beach and Comprehensive Housing Services, Inc. for As Needed Wage Compliance 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, NOW, THEREFORE, it is agreed by City and Consultant as follows: EXTENSION OF TERM The Term of the Original Agreement is hereby extended for an additional period up to and including March 24, 2006. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the arties hereto have caused this Agreement to be executed by and through their authorized officers on COMPREHENSIVE HOUSING SERVICES, CITY OF HUNTINGTON BEACH, a INC., a California corporation municipal corporation of the State of California By: G A `'I L 8 L 0Q A4 A-L-r_ Director o ublic Works print name ITS: (circle one) Chairma resr�Nice President INFL11►117 IN ITS: (circle one Secret hief Financial Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: City Att mey c2zf 05agreelamend CHS ..�� PRODUCER DATE (IAMIDDIYYj - 01/17/05 ;. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WATERS INSURANCE SERVICES ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE LICENSE NO.: 0570726 90061 TALBERT AVE., SUITE 200 FOUNTAIN VALLEY, CA 92708 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - COVERAGE -- COMPANY COMPANIES AFFORDING A GOLDEN EAGLE INSURANCE CORP- INSURED COMPREHENSIVE HOUSING SERVICES, INC. 8840 WARNER AVENUE, SUITE 203 COMPANY B LANDMARK AMERICAAN INSURANCE COMPANY ^ COMPANY FOUNTAIN VALLEY, CA 92708 C COMPANY D 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 8 Y 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE {'IAIIDDryY) POLICY EXPIRATICW DATE {MMlOOIYY} LIMITS GENERALLIAB!l.ITY GENERAL AGGREGATE S 2,(M,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE L OCCUR CBP9679321 12-27-04 12-27-05 PRODUCTS-COMPIOP AGG S 1,000,000 PERSONAL & ADV INJURY $ 1,Q40,ow EACH OCCURRENCE $ 1 ,01XI'mo OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any rye fire) $ 100,000 Mill EXP (Any ona person) _ $ 5,000 AUTOMORLE LIABILITY ANY AUTO COMBFNED SINGLE LIMIT $ _ _.. BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS B001LYiNJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT S AGGREGATE $ TO FORM EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FOIE! OTHER THAN UMBRELLA FORM IBR �y� CGRATH� Ci lj. AttorneyR AGGREGATE m $ �^ WORKER'S COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT g THE PROPRIETOR/ INCL PARTNERS/EXECUT3VE FIEXCL DISEASE -POLICY LIMIT $ OFFICERS ARE: DISEASE - EACH EMPLOYEE S B PROFESSIONAL LHR803420 LIABILITY 11-05-04 11-05-05 EACH CLAIM: 1,000,000 AGGRGATE: 1,000,000 DESCRIPTION F N CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THE NAMED INSURED PER ENDORSEMENT ATTACHED. RESPECTS ALL OPERATIONS PERFORMED BY OR ON BEHALF OF *TEN (10) DAYS FOR NON-PAYMENT SHOULD ANY OF THE ABOVE OESCRMED POLICIES BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH ATTN: RISK MANAGEMENT 2000 MAIN STREET 'EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &MUM MAC *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE CALVIN WATERS POLICY NUMBER: CBP 9 6 7 9 3 21 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modtrm insurance provided under the followmq: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name of Person or Organlzation: The City of Huntington Beach, its agents, officers and employees. (If no entry appears above, information required to complete ibis endorserrent will be shown in the Declarations as applicable to this endorsement.) A. Section 11 — Wlw Is An Msured is amended to include as an insured the person or organization shown in the Schedule, but only with m"d to liability arieft out of your ongok9 operations per- formed for that insured. B. With respect to the insurance of forded to these additional insureds, the following exdusion is added: 2. Excluskm This insurance does not apply to "bodily in- jury" or"property damage" occt rft after: (1) AN work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, rnaint mum or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- bac for or subconbac for engaged in perk ming operations for a printVal as a pert of the same project. APRVFER AS O I~012M: jcGRATH, C}-ty At orney CO 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 13 c a cr c c c r � , 1 2: 3 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 Ht1NTINGTON BEACH AND Comprehensive Housing Services, Inc. FOR As -Needed Wage Camgliance Seivices Table of Contents Scopeof Services .......................... ..........................................................••--......... I 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 Certificate of Insurance............................................................................................5 Independent Contractor...........................................................•-•----..........................6 Termination of Agreement.......................................................................•----...........6 Assignment and Delegation.................................................•...............---...--------......6 Copyrights/Patents .......... ....,. ..... .. . ... ..7 Cty=Employees and Officials. .... .... .. .7 Notices-'.' ............................................................... ... .........: .7 . Consent....................... .. .................................................................... ....................... 8 Modification.............................................................................................................8 SectionHeadings....---••............................................................................................8 Interpretation of this Agreement .............................................................................A DuplicateOriginal- ........ 11 ........................................................... 1 .............................. 9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited ................................................................9 Attorney's Fees..................................--....................................................---..........10 Survival.....................................................................................................................10 GoverningLaw-.....................................................................................................1 o Entirety......... .. ......... ............. ....... . .................. ......10 —7Z7yaY��vT PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") is made and entered into this bth day of September 20 03 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and O�`�/�rltE.crluCuI�ir , a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to A90 91l4Z4 fgf-fiP`g'" CC- ; and m 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 �� 1 CONSULTANT has been selected to perform these services, L NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES . CONSULTANT shall provide all services as desc ' in Exhibit "A," which is attached hereto and incorporated into.this Agreement y this reference. The services shall sometim, es hereinafter be referred to as the "PR ECT." �;' 9 CONSULTANT hereby designates who Is to it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agreelformdprofsery I OA 5101 A 1 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 art rf- of TO oA A yJEE � "Commencement Date"). This Agreement shall expire = oNE ygA& &r EA f6unless sooner terminated as provided herein?f All tasks specified in Exhibit "A" shall be completed no later than." lives SArcifit•-1 from the Commencement Date of this i►3 R»j1 [�xt+�BiT14) Agreement. These times maybe 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:" Thisy schedule rhay be amended to` benefit the PRO.IECT if mutually agrieed _ to in writing by CITY and CONSULTANT. T` i US AGRECAf.,JT ZS Re.v6jAaiit 4. COMPENSATION Y-hHe AA;re-s. .n c ideratio of the performance of the services described herein, CITY CONSULTA on a time and materials basis at the rates specified in °5 E ibit'A" whicZisac: hes fee, inclall 5. EXTRA WORK hereto and incorporated by reference into this Agreement, costs and expenses, not to exceed _ Dollars (S S70, a o . 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 aWft/fon Vprofsefv10/15101-A 2 compensation for such extra work shall be allowed only if the prior written approval of CITY isobtained. b, METHOD OF PAYMENT. . CONSULTANT shall be paid pursuant to the termsjofilbitV"B." 7. DISPOSITION OF PLANS ESTIMATES AND OOC S CONSULTANT agrees that title to all materials pared 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 lit. 8. HOLD IIARMLESS 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 CONSULTANTS 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 agret/farms/pmfsery 10/15M-A 3 A 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 net as limitation upon the amount 4f . 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 flint: 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 worst performed in connection with this Agreement. aredformslpro&erv10/15/01-A 4 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall fiirnish to- CITY a certificate of insurance. subject to approval of the. City.Attorho evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall. A. B. C. provide the name and policy number of each carrier and policy; shall state that the policy is currently in force; and 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 Ag[vement. 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. I L 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 sgfir fornWprofwrv10n5/01-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 add.'einployees 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, delegate's and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 14 hereinabove. 14'. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement agrm form 1wofsery 1011901 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 Cayernment Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANTS 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 Omer com ntinications wiill'be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Mn. a1600 �, 4 L k 2000 Main Street - Huntington Beach; CA 92648 17. CONSENT rTO CONSULTANT:: c�a ,tea f, y %UPS i G, SC—r ca-5 u Z A►•J ALtEye 92-7D,? / ,43: 661tiEz .a-LQQlkidsDkLC _. 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- agreelforms/profsery 10115A 1-A 7 � f � 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 :partsf 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 tight to contract, then the latter shall prevail, and the provision of this Agreement agm/formslpmhervi0A%I-A 8 y i y 3• ; i L 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 300, 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, 9grw/farms/pmfserv1011510I-A 9 r 1 I � � • I [ I � ) each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys 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. GOVERMNG 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 lconsult 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. Wft/fonnVpmfserv1011MI-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 CONSULTANT, Compreheusive Housing Services, Inc. CITY OF HUNTiNGTON BEACH, a munic pal corporatio f the State of California Director of W Ue, MrLS (Pursuant To HBMC f l03.100) Gayle1<1.00m1 ngdale print mule ITS: (circle one) C icc president APPR .VED AS TO FO AND > City Attorney RE " 'A pdw ITS: (circle one) SecretmyXhkf Financial OffkedAsst_ Secretary — Twasurer City Ad (only for contracts sefiam�slprofserv1011310I-A I I OVED_ .