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HomeMy WebLinkAboutECONSolutions By HDL - 2017-09-28PROFESSIONAL SERVICES. CONTRACT BETWEEN THE CITY OF I-IUNTINGTON BEACH AND ECONSOLUTIONS BY HDL FOR, CONSULTING/PROJECT SUPPORT FOR A COMPETITIVE. BUSINESS ATTRACTION PACKAGE THIS AGREEMENT ('.'Agreement") is made.and entered -into by and between the.City.of `Huntington Beach, a. municipal corporation of the State of California, hereinafter Ireferred to as "CITY," and Hinderliter, de Llamas and Associates, a Limited Liability Company, hereinafter referred to as "CONSULTANT_" WHEREAS, CITY desires to . engage the services of a consultant to provide consulting/project support fora competitive business attraction package; and Pursuant to docuinentation.on file in the office: of the City Clerk, the provi sions. of the Huntington.Beach Municipal Code, Chapter3.03,-relatijig to procurement of'professional service contracts have been complied with; and CONSULTAN has.been selected to perform these services,. NOW, THEREF .ORE, it is agreed` by CITY -and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide al services as described in Exhibit "A," which is attached: hereto and incorporated into. this. Agreement ' by this reference. These .services shall sorniatimes:hereinafier be referred to.as:the "PROJECT." CONSULTANT hereby designates Barry Foster, Managing Director., who shall represent it and be itssole contact and agent in -all consultations with. CITY during the performance of this.Agreement. agfr dsurfiieVprofessional:svcs to S49: 10115 1 of 11 2. CITY STAFF ASSISTANCE. CITY shall assign a staff coordinator to work directly with CONSULTANT in the perforriiance:ofthis Agreement. 3: TERM: TIME OF PERFORMANCE Time is of .the essence. of this Agreement. The services of CONSULTANT are to commence on September 28, 2017 (the "Commencement Date"). This Agreement shall automatically terminate three (3)..years from: the Commencement Date, unless extended or sooner terminated as providet herein. All tasks specified in Exhibit "A." shall, be completed: no later than October 19, 2017. The time ' for performance of. the tasks identified in Exhibit "A are generally to be shown iir Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in .writing by. CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described Herein,. CITY agrees - to pay CONSULTANT on a time and materials basis at the rates specified, in Exhibit `B," which is attached hereto and' incorporateit by reference into this Agreement, a fee,including all costs and expenses, not to- exceed Thirty Thousand Dollars ($30,000.). 5. EXTRA WORK In the. event CITY requires additional services not includel in. Exhibit' "W' or changes in the scope of services described in, Exhibit "A,'' CONSULTANT will undertake: such . a tcclsurfnct/proCcssional'svcs to$49. toils 2:of II work only after receiving. written authorization front CITY. :Additional. compensation for such extra work shall be allowed only if the prior' written approval of CITY is obtained. 6_ METHOD OF PAYMENT CONSULTANT shall he paid pursuant to the terms of Exhibit ".B." 7_ DISPOSITION OF PLANS, ESTIMATES. AND OTHER.D.00UMENTS, 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 tennination of this Agreement. or upon PROJECT .completion, whichever shall occur first.. These materials may be used by-CITYAs it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, .defend, indemnify and Bold harmless CITY, its officers, elected or appointed officials, employees; agents and volunteers ftom and against any and all claims, damages, losses,_ expenses, Judgments, demands and .defense costs (including, without l.iixtitafion, costs and fees of litigation of every mature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance ofthis 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 conductall defense at its: sole cost and .expense and. CITY shall approve selection of .CONSULTANT's counsel. This. indemnity shall apply to .all claims and liability regardless of whether any insurance policies are aerce/surfnel/professional sves to $49 10/15 1 of 11 applicable. The policy limits do not act as limitation. upon: theamount 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 without the ex ress written .consent of CITY- however an insurance policy "deductible" of Ten Thousand Dollars. ($10,000.00) or less is. permitted. A claims -made .policy shall be acceptable: if the policy further provides that.- . A. The policy retroactivedate coincides with or precedes the initiation of the. scope of work (including subsequent policies purchased as renewals. or replaceinents): B. CONSULTANT shall notify .CITY of circumstances or incidents that. inight:give rise to future claims. .CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage. following PROJECT completion. If insurance is terminated for any reason, CONSULTANT .agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses. to produce or maintain_ the insurance required by this section or fails or refuses to furnish the.. CITY with required proof that insurance has been procured 'and is in. force and .paid for; the CITY . shall .have the right, at the CITY's election; to agreelsudnet/professionaE.svcs to $49' toils 4 of l l forthwith Terminate this Agreement. Such termination shall not affect :Consultant's right .to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney `evidencing the foregoing insurance. coverage as required by this Agreement; the certificate shall: 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 liiriits except after thirty (,3.0) 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 hamlless and indemnif.cation obligations as set forth in This Agreement. CITY or its representative shall atall 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 hereihabov.e required. ;g*- WrfiieUpmfcssional svcs to $49 10115 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, .and shalt be; acting at all times in the performance of this Agreement as an iii ftendent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its: own cost and expense; and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business:. licenses, if any., in connection with the .PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREFMENT All work required hereunder shall be performed in. a good and. workmanlike manner.. CITY may tenninate CONSULTANT's .services hereunder at any time with ,or without cause,. and. whether or not. the PROJECT is fully complete. Any tennination of this Agreement by CITY .shall bemade 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 subcontfact is approved, all .approved assignees; delegates and subcoiisultants must satisfy the insurance requirements as set forth u.I Sections 9 and 10 hereinabove. a,ro�JsurfncUhrotessgnal sues to $49 1.011.5. 6 .of 11 14. COP YRIGHTSMATENTS CITY shall owti all rights to any patent or copyright on any work, item or material produced as a result of this Agreement: 15. CITY .EMPLOYEES AND .OFFICIALS CONSULTANT shall. employ .no CITY offi:cial 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 communicationshereunder shall be.eiven.either by personal delivery to CONSULTANT's agent (as designated in :Section I..herentabove) or to CITY as the situation shall warrant, or by eAclosing the same in a scaled envelope, postage. prepaid, and :depositing the same. in the United ..States Postal Seivice, 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 reputableovernight carrier or U. S. certified rail=return receipt requested: TO CITY: City of Huntington Beach ATM Kellee Fritaal, :Deputy Director,:: Economic Development. 2000 Main Street Huntington.Beach,.CA 92649 agmAitrfnethrokssionai sm. io $49 10115 7 of 11 TO CONSULTANT: HdL Companies A'1TN: Andrew Nickerson, President 1340 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765. (909-861.-4335 17. C.ONSI W r When CITY's consent/approval is :required under this. Agreemi ent; its consent/approvalfor one transaction or event: shall not be deemed to be a cogseiA/approval to any subsequent occurrence of thesame 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.1his 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 interplret,. 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 -Wliole, according to 'its fair meaning, and not strictly for or ..against any of the parties. If any provision. of this Agreement is heldby an arbitrator. or court of competent jurisdiction to be. unenforceable, void, illegal :or invalid, such holding shall not invalidate or aAect 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 agrm/surfoct/prot sion$1 Svcs to $49 10/15 8 of I ] 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 fight to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to t.he. extent necessary to brilig it. within the requirements.o.f 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 i ilrnigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States .Code regarding. employ mentverification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that ,CLTY 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 Attomey is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. V, e0surfncd4iiofessional Svcs to $49 10/15 9 of 1.1 24. A—FORNEVS FEES In the event. suit is brought by either party to construe; interpret and/or enforce the terins 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 attorneys fees .from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and .context. survive the expiration or termination of this Agreement,. shall so survive: 26. GOVERNING LAW. This Agreement shall be governed and construed in accordance: with the laws of the:State.of California. 27_ SIGNATORIES Each undersigned represents and warrants .that its signature hereinbelow has the power, authority and right to bind their.irespective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that. such Authority or power is not, in fact, held by the signatory or -is withdrawn. 28. ENTIRETY The parties acknowledge. and agree that they are entering. into this Agreement freely and voluntarily .following extensive arm's .length: negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agrecnienfs or warranties, oral or otherwise, have been. made by that party or anyone acting on thatparty's behalf, which are not embodied in this Agreement, ,and that that party has not .executed Ahis agrceJsurfnetlprofessional sues to S49 10/15 10 of 11 Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Hinderliter, de Llamas and Associates COMPANY NAME a Limited Liability Company By: - print name ITS: (circle one) Chainnanqresiden ice President AND By. V//' print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary —Treasurer agree/surfnei/professional Svcs to $49 10/I5 11 of 11 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Lam, Ann Director/Chief (Pursuant To HBMC §3. 03. /00) APPROVED AS TO FORM: City Att ey aV Date RECEIVE AND FILE: City Clerk Date I ol�flf7 EXHIBIT A HdEI-J�" C O M P A N I E S b �• EC � 4 , ._a By HdL Development Driven By Data Consulting/Project Support Competitive Business Attraction Package ECONSolutions by HdL 1340 Valley Vista Dr., Suite 200 Diamond Bar, CA 9176S www.hdicompanies.com www.econsolutionsbyhdi.com Contact: Barry Foster 909.861.4335 bfoster@hdicompanies.com COVER LETTER September 19, 2017 City of Huntington Beach Lori Ann Farrell, Assistant City Manager 2000 Main St. Huntington Beach, CA 92648 Dear Lori Ann Farrell, Thank you for considering ECONSolutions by HdL services. After speaking to you about your needs, I would like to present the attached proposal for Project/Consulting support in formulation of a comprehensive package to attract cutting edge corporate headquarters to Huntington Beach to fill the impending gap left by Boeing's departure from the region. Please review the attached proposal and call me at 951-233-0414 with any questions. We look forward to the opportunity to work with you and the city of Huntington Beach. Sincerely, Barry Foster Managing Director 909-861-4335 bfosterC@hdlcompanies.com Enhancing the Competitive edge Background With Boeing announcing its plans to vacate the region, the city of Huntington Beach is placed in a unique circumstance. Losing a major corporation and employer such as Boeing, who once employed up to 35,000 at its Huntington Beach facility alone, is an economic shock that could devastate a region if not handled properly. However, Boeing's departure also presents the region with a unique opportunity to reach out and attract other major industries to the city. With the impending vacancy of up to 165 acres of already entitled land, the city now has the ability to lure other industries such as (Cleantech, Biotechnology, Cloud Computing etc.) in the hopes of creating tens of thousands of additional jobs and tens of billions of dollars in additional investment in the surrounding community. Benefits for the City It is important for the city to attract businesses that will invest in the communities where they operate in ways that benefit their neighbors and employees. For example, Amazon has donated to hundreds of charitable organizations across its home city of Seattle that support people of all backgrounds and income levels. Key Preferences and Decision Drivers The below factors are priorities for the city of Huntington Beach. The city is looking to attract businesses that place similar emphasis on operating with the following considerations in mind. Site/Building — As described herein, finding suitable buildings/sites is of paramount importance to any business and community. With the impending departure of Boeing, up to 165 acres of industrial property stands to become vacant. Although there are several other great locations for business throughout the city, keeping the Boeing site utilized would be very beneficial to the city. However, all options are under consideration. Capital and Operating Costs — Huntington Beach understands the importance of a stable and business -friendly environment. The city has the ability to offer incentives to businesses that choose to locate in Huntington Beach as a means to offset initial capital outlay and ongoing operational costs. Labor Force — The city expects that projects will include significant employment requirements with corresponding educational attainment of the available workforce. Huntington Beach is positioned strategically between a significant number of prestigious universities that can meet the needs of any type of business that chooses to locate within the city. The city understands the importance of a highly educated labor pool and currently operates closely with several educational institutions to obtain highly educated and experienced workers. Logistics — The city understands that personnel travel and logistics needs, both from population centers to the project site, as well as between company facilities, are critically important. As such, travel time to a major highway corridor and arterial roadway capacity potential are key factors. The Boeing site is strategically placed within five minutes of the 405 Freeway that can take commuters to LAX, Long Beach Airport, and John Wayne Airport in under 45 minutes. The freeway corridors also connect directly to Downtown LA, Long Beach, Irvine, and other major population hubs. Time to Operations — Certain projects require an expeditious.timetaable for the location decision and the, commencement. of construction. Given this, sites with the requisite access, ,utility infrastructure, and.zbning are critical. The Boeing sites are already zoned industrial and several sites already contain entitlements.far new buildings. Cultural Community Fit The city believes.* that a compatible. cultural and community environment is essential .fbr the long-term success of the .Public/Private partnership. City officials are eager and willing to work with any company that chooses to invest.in the community. A stable and consistent business climate is important to the city. Community/Quality of Life —The Boeing site can house a. significant number of employees. We want businesses to invest in our community where their employees will enjoy living, have.access to recreational and educational op portunities* :and. take part in an overall high quality of life. Huntington Beach has something to offer to everyone with family friendly community events hosted year round, weekly walk able street fairs and. art exhibits; and a rich and thriving: recreational sports culture. Sustainability: The city is committed to sustainability efforts. City buildings.are sustainable and energy -efficient. The city is so committed to sustainability that .it has recently acquired 11,045 streetlights from.Southern California Edison in order to convert them to become more. energy efficient, The city is also actively involved in community sustaina_bility efforts. In.2016 the.ci.ty acquired a $20,000 grant from the California Air Resources Board to .fund a sustainable business certification program for 10 .disadvantaged businesses within the Oakview `neighborhood of. Huntington Beach. Additionally, the city has spearheaded the Orange County Recycling Market. Development. Zone (RMDZ) and is the program administrator for this program that provides. incentives for local businesses to reuse and recyclewaste products. Given its commitment to sustainable practices, the city is interested in attracting businesses hat support sustainable practices. Connectivity: The .city of Huntington Beach is continua[ly.seeking to update: andupgrade its city- wide connectivity. The Boeing site already possesses its own fiber networks, and the .city .is currently working. with several companies to develop city-wide wireless connect*[VI ty, Project Timeline City.requires an electronic copy and one (1) hard copies of the package by/before October 19, 2017. ECONSolutions is committed to provide the necessary resources to meet the required .time[ine for the incentive and proposal package being sought by the city. Proposal ECONSolutions.will provide project/consulting support in formulation of the Huntington Beach proposal package.for Competitive Business Attraction. The package will contain .the following; 1. Estimate of city revenues from. Corporate Headquarters Projects and other opportunities. L .Recommendations for a comprehensive incentive package. 3. Preparation of a comprehensive, market analytics,package. 4. Interface with Sares Regis Group (SRG) as possible developer for the project (the Managing Director for ECONSoluiions has worked with SRG,for nearly 10years and has a strong relationship with SRG's President .of Commercial Investment and. Senior Vice President of Commercial Development). 5.. Overview and consulting.support in best understanding development issues with the Boeing site. 6. Critique and support of overallproposal package. Cost The following.is the cost for the consulting services by ECONSolutions, which will be based on hourly rates and not to exceed $28,500 Managing Director $225/hr. Sr, Associate $150/hr. Analyst $100/hr. About Us THE RIGHT CONSULTANT — STRONG QUALIFICATIONS, PROVEN EXPERIENCE AND DRIVEN BY RESULTS HdL has been in business for over 35 years. The firm is highly respected in the consulting industry with extensive experience working with local government agencies. The HdL team is highly qualified and has the necessary resources to complete a consulting contract right and on time. Below is a brief overview of the qualifications and proven experience possessed by HdL and ECONSolutions. HdUl"r-1111 COMPANIES 1340 Valley Vista Dr., Ste. 200, Diamond Bar, CA 91765 * 909-861-4335 www.hdlcompanies.com Many of HdL's clients have used HdL's services for years because of the superior customer service delivered by the company and its highly professional team. HdL has the largest privately held database in California and can provide expert in-depth forecasts and updates on economic trends. HdL is recognized as a leader in financial analysis, data analysis, market studies and economic forecasts. The firm is 100% employee owned with a majority of the staff having extensive local government experience in an executive management role with finance, planning, economic development or revenue collection. This close understanding of local government needs, coupled with extensive databases and advanced software capability provides for the most relevant, productive and responsive revenue recovery, forecasting and economic consulting services available. ECONSOLUTIONS BY HDL In 2014, HdL Companies created ECONSolutions to expand services in providing strategic planning and consulting services to assist local governments with economic development planning and execution. ECONSolutions offers a variety of products and services for customized solutions based on a client's budget needs and specific development requirements. The ECONSolutions staff has over 45 years of local economic development and community development experience in California. ECONSolutions offers up-to-date data capability, an online GIS platform with state-of-the-art software for market analytics and the ability to leverage HdL's extensive databases systems. ECONSolutions can engage in projects of every size ranging from data analysis to comprehensive studies to advisory support and to public/private collaboration. Altogether, the Managing Director, and Senior Associate of ECONSolutions have helped facilitate nearly 15 million square feet of industrial - logistics development including facilities for ALDI, Amazon (four Fulfillment Centers in two cities), Harbor Freight Tools, Philips Electronics, Procter & Gamble, Ross Stores, Sketchers USA and Walgreens. Furthermore, the Managing Director of ECONSolutions has helped facilitate more than 30 million square feet of new development including industrial, retail, auto centers, medical -health care, hotels and Class A office. HdL has the largest privately help sales tax database in the State of California with sales tax data for 99% of the state's businesses. The firm's proprietary sales tax/software system affords numerous opportunities to prepare economic development reports. Some of the full range of economic development related services provided through ECONSolutions by HdL include: 0 INSIGHT Market Analytics L* R • Community Profile • Trade Area & Void Analysis • Site Selection Assistance • Business Attraction Support • Economic Development Action Plan • Retail Performance Assessment • Financial Analysis & Revenue Projection • Reuse & Redevelopment Study • Marketing Programs ECONSOLUTIONS BY HDL CLIENTS ECONSolutions has quickly become a premier partner providing economic development services for many California cities. ECONSolutions has worked with the following cities: o � u�a r 17 t 6M r Q;t.►{iu�� f-ors nL�,►In�u Il,ur � P• fi w^ . c OAKLEY CA LI PQRN1A msrjOmd fv U- fb *,IN T RACYs 4 t, `x [. TEMPLE 'iJ}�j CITY a VAG1V[II,G ECONSolutions by HdL Team: Barry Foster, Managing Director Elisa Grey, Senior Associate Jared DeVos, Analyst www.ECONSolutionsbVhdi.com EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees.. -for .such services shall be based. upon the following hourly rate and cost schedule: B_ Travel Charges for time during travel are. not reimbursable. C. Billing All billing shall be done monthly in fifteen., minute increments and matched to an appropriate breakdown of the time that was taken to perform that. work and who performed it. 2. Each month's. bill should 'include, a total to date: Thai total should provide, at a glance, the total feesand costs. incurred to date for the project. 3. A copy of memoranda, .letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted. to CITY to demonstrate progress. toward completion of tasks. In the. event CITY rejects or has cominents on any such product,_ CITY shall. identify specific .requirements for satisfactory cpmp.letion. 4: CONSULTANT shall submit to CITY an invoice for each .monthly payment due. Such .invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the: payment due; D) Include a certification. by a principal member of CONSUL'l"ANT's Frn1 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.' f CITY:s 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 Exhibii "A" may at. the option of CITY be suspended until the parties agree than past performance by CONSULTANT is in,. or has. been. I Exhibit B brought into compliance, or until this Agreement has expired `or is terminated a$ _provided herein. S. 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 perfortned '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 withlzeld. :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. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I . 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. D:elivery 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. 3. CONSULTANT shall submit to CITY an invoice for each.monihly progress: payment due. Such invoice shall: A) Reference this. Agreement;: B). Describe the services perfonned; 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 estimi te;of the percentage of work completed. Upon submission .of any such invoice,. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance:. with this Agreement, CITY shall. approve the invoice.; .in which event payment shall be made 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 .CONSl7L TAN"i is. in, or has been brought into %compliance, or until this Agreement has expired or is terminated as provided..lierein.. 4. 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. charted for such time. Such invoices shall be approved by CITY if the work -performed is in accordance with the extra work or additional services requested, and if CITY is satisfied .that the statement of hours worked and costs incurred. is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment:of such an invoice shall be.treated as separate and apart from the, ongoing performance of the remainder of this Agreement. Exhibit B 1340 Valley Vista Drive 90986i A335 Delivering Revenue, Suite 200 Fax 909.861.7726 HdL1--9-', Insight and Efficiency Diamond Bar 888.861.0220 C O M P A N I E S to Local Government California 91765 www.hdicompanies.com RECEIVED City of Huntington Beach October 2, 2017 OCT 03 2017 Office of Business Development. Kellee Fritzal Deputy Director, Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Kellee: Please find enclosed two (2) signed signature pages of the Agreement for Professional Services between the City of Huntington Beach and Hinderliter, de Llamas and Associates. Once all signatures are received, please forward one (1) full executed copy for our records. If you have any questions or concerns, please feel free to contact us. Sincerely, Peggy Fickett Contract Administrator /pf Enclosures y zee--► 4 n'1 Cl'{ "< 1 0 a-<O -a- rn C3