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HomeMy WebLinkAboutGRC Associates, Inc. - 2016-02-05Dept. ID ED 18-09 Page 1 of 2 p / Meeting Date:p5/7/2018 C ®'MIN - CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/7/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize execution of Amendment No. 1 to an agreement with GRC and Associates, Inc. for consulting services for the Housing Rehabilitation Loan Program in the amount of $85,000 for a total contract amount not to exceed $175,000 and extending the contract term through February 5, 2020 Statement of Issue: The City Council is asked to approve contract Amendment No. 1 with GRC Associates, Inc. for the administration of the City's Housing Rehabilitation Loan Program. A one year contract extension and additional funds in the amount of $85,000 are requested. Financial Impact: Services provided under this agreement are funded through the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. There is no impact to the General Fund and sufficient funds are available in Account 239.81711 for this activity. Recommended Action: Approve and authorize the City Manager to execute "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program" in the amount of $85,000 and extending the contract term through February 5, 2020. Alternative Action(s): Do not approve the Amendment and direct staff accordingly. Analysis: The Housing Rehabilitation Loan Program provides loans to low and moderate -income Huntington Beach homeowners and owners of rental property where low-income families live. The program's objective is to provide low-cost financing or grants to households who would otherwise have difficulty paying for necessary health and safety -related housing repairs. These loans and grants are funded through the City's allocation of Federal Community Development Block Grant (CDBG) funds. The program's administrative costs are also paid with CDBG funds. In November 2015, GRC Associates was selected through a competitive Request for Proposal Process. Subsequently, the City approved a three-year contract in the amount of $90,000 with GRC Associates, Inc. for the administration of the City's Housing Rehabilitation Loan Program. Peak interest in the grant program has depleted the initial funding provided to administer the program. Therefore, additional funding is requested to complete the program goals of the CDBG Action Plan. Goals of the program are to provide 15 loans and grants annually. HB -177_ Item 10. - t Dept. ID ED 18-09 Page 2 of 2 Meeting Date: 5/7/2018 The requested amendment will provide funds for administering services for four (4) additional loans/ grants in 2016/17 fiscal year; 15 loans/grants in 2017/18 fiscal year; and eight (8) loans/grants until the end of the extended contract to February 5, 2020. Under the current management contract with GRC, they will administer the following key functions of the City's loan program: marketing, customer service, application processing, eligibility underwriting, construction scope of work preparation, contractor bid solicitation, construction inspection, and contractor payment processing. GRC estimates that it can process and complete up to 15 loans and grants per year. Staff recommends approval of the proposed contract Amendment No. 1 with GRC for the administration of the Housing Rehabilitation Loan Program until February 2020. Upon contract expiration, the City will prepare a new Request for Proposals. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1. "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program" Item 10. - 2 HB _l78_ AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GRC ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated March 9, 2016, entitled "Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program," which agreement shall hereinafter be referred to as the "Original Agreement;" and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional compensation to be paid by CITY to CONSULTANT, and the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Eight -five Thousand Dollars ($85,000.00), in addition to the original sum of Ninety Thousand Dollars ($90,000.00), for a new total not to exceed figure of One Hundred Seventy-five Thousand Dollars ($175,000.00). 2. TERM One year is added to the term of the agreement such that the agreement will expire on February 5, 2020. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 18-6449/178802/mv 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on May 7, , 2018. GRC ASSOCIATES, INC., a California corporation B y• print name ITS: (circle one) Chairman/PresidentNice President ND By: -�� i CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo Ci ager INITIATED AND APPROVED: / � d— � 2?-- � Deputy Direc 'of Economic Development f i /L- -F C<, , V `Z APPROVED print name , ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 18-6449/ 178802/mv 2 � y Attorney m,41 ATE: r A RESOLUTION OF GRC ASSOCIATES, INC. AUTHORIZING ROBERT G. VASQUEZ TO SIGN CONTRACTS WITH CITIES ON BEHALF OF GRC ASSOCIATES, INC. WHERAS, GRC Associates, Inc. is a California corporation, and WHERAS, on March 1, 2016, ownership of GRC Associates, Inc. was transferred to Robert G. Vasquez (current President and Secretary) HEREBAY CERTIFY that the foregoing resolution was approved by the Board of GRC Associates, Inc. on the 1" day of March 2016 By Robert G. Vasquez, President and Secretary CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Vince LaGrange FAX PHONN EX : 626 445 7030 A/C No): Empire Valley Ins Services ADDRESS: vince@lagrangeins.com PO BOX 707 INSURER(S) AFFORDING COVERAGE NAIC # Cypress, CA 90630 INSURER A: Travelers Ins Cos INSURED INSURER B : RLI Insurance Co INSURER C: GRC Associates, Inc. INSURER D : 8060 Florence Ave Suite 303 INSURER E : Downey, CA 909240 INSURER F : r nVFRArFS rFRTIFIr'.ATF NIIMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IADDLTR R LT TYPE OF INSURANCE INSD S VD POLICY NUMBER MM DD/YYYY MM DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ®OCCUR PREM SESOEaENTEoccur ante $ 100,000 MED EXP (Any one person) $ 5,000 A x x 660 4561-6360 12/01/2017 12/01/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY ®PRO ❑ LOC JECT $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY Per accident ( ) $ A ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 660 456L6360 12/01/2017 12/01/2018 PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) N / A x UB 4D42233-2-13 11/01/2017 11/01/2018 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability Per Claim 1,000,000 B x x RTP 00018020 08/09/2017 08/09/2018 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder, its agents, officers and employees are included as an additional insured and, when applicable, the development aA J VIED A T� FOR of the City of Huntington Beach. See attached CG2010 4C AEI. E. GATE . CIT4 ,ATTORNEY CITY OF HUNTINGTON BEACH GtK I IFIGA 1 t HULUILK 1,AIVI.CLLA I IUM City of Huntington Beach Risk Management Division SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPREZ ,;_­_ Verified by PDRiiler I -I 04/13/2018 U 19S8-2U14 AGUKU cUKPUKA I IUN. An ngnis reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk May 9, 2018 GRC Associates, Inc. Attn: Robert G. Vasquez 8060 Florence Ave., Suite 303 Downey, CA 90240 Dear Mr. Vasquez: Enclosed is a copy of the fully executed "Professional Services Contract Between the City of " Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program." Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a GRC ASSOCIATES, CIN hereinafter referred to as "CONSULTANT" WHEREAS, CITY desires to engage the services of a consultant to administer the City of Huntington Beach Rehabilitation Loan Program, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows 1 SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates ROBERT G VASQUEZ, PRESIDENT, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/ surfnet/professional svcs 50 to 100 10/15 1 of 11 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 on FEBRUARY 5, 2016 (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 FEBRUARY 5, 2019 from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATIO In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed NINETY THOUSAND DOLLARS Dollars ($90,000) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional agree/ surtnet/professional Svcs 50 to 100 10/15 2of11 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall agree/ surfnet/protessional Svcs 50 to 100 10115 3of11 apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and in the aggregate The above - mentioned insurance shall not contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of Ten Thousand Dollars ($10,000 00) or less is permitted A claims -made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/ surfnet/professional svcs 50 to 100 10/15 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall A provide the name and policy number of each carrier and policy, B state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required agree/ surfnet/protessional Svcs 50 to 100 10115 5of11 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove agree/ surtnet/professional svcs 50 to 100 10/15 6 of 11 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested TO CITY City of Huntington Beach ATTN Denise Bazant 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/professional Svcs 50 to 100 10/15 7 of 11 TO CONSULTANT GRC Associates Attn Robert G Vasquez, President 858 Oak Park Road, Ste 280 Covina, CA 91724 17 CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 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 agree/ surfnedprolessional svcs 50 to 100 10/15 8 of 11 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 ORIGIN The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT agree/ surfnet/protessional Svcs 50 to 100 10/15 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 attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, agree/ surfnet/professional svcs 50 to 100 10/15 10 of 11 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 agree/ surfnet/professional svcs 50 to 100 10115 11 of I 1 CONSULTANT, [COMPANY NAME] GRC Assolcates, Inc B Y print name ITS (circle one) Chairman residen ice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California C7D A D APP VED APPROVED AS TO FORM o (Sf R-r 6i.iZ- rmt name C ITS (circle ontSe—cre—t—arjChief Financial Officer/Asst Secretary — Treasurer T, agree/ surfnet/professional svcs 50 to 100 10/15 12 of 11 r Z D/ RECEIVE AND FILE City Cler Date —3 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Table of Contents 1 Scope of Services 1 2 City 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 City 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 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) The Housing Rehabilitation Loan Piogram (RLP)provides loans to low and moderate -income Huntington Beach homeowners and owners of rental property where low-income families live The program's objective is to provide low-cost financing to households that would otherwise have difficulty paying for necessary health and safety-ielated housing repairs. These loans are typically funded through the City's allocation of Federal Community Development Block Grant (CDBG) funds B CONSULTANT'S DUTIES AND RESPONSIBILITIES The functions associated with the RLP include the following construction management and loan processing activities, all of which must be provided by the Consultant 1 Loan processing, to include processing of loan applications, credit reports, employment and income verifications, financial statements, environmental forms, lead base paint inspection and abatement forms, and insurance and property title related documents 2 Loan underwriting as per City of Huntington Beach RLP and Community Development Block Grant (CDBG) guidelines 3 Preparation, execution and disposition of loan documents, as per City of Huntington Beach RLP guidelines, established State and Federal lending regulations and County iecoiding requirements 4. Initial inspection and assessment of single family residences, town homes, condos and mobile homes within the City of Huntington Beach to determine existing code violations and identify property repairs that are eligible under RLP and Community Development Block Grant (CDBG) guidelines, and the preparation of written work specifications EXHIBIT A rcassociates F. Fee Proposal GRC shall be compensated based on a flat, not -to -exceed fee per loan or grant This fee shall be adhered to during the life of the contract and is based on the current loan and grant limits and program requirements. The per loan and grant costs are presented below: ■ Loan: $4,200 ■ Grant: $3,000 Monthly invoices shall be submitted according to completed milestones per loan or grant; for example, application review (20% of total loan fee), work write-up (25%), contract bid selection (20%), loan approval (10%), loan and contractor signings (10%), final construction inspection and loan closeout/completed file (15%) Percentages will be approved by the City prior to the start of the project Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis Indirect costs for additional service outside the not -to -exceed amount will be billed at our cost plus 20 percent Indirect costs may include printing of documents, purchases of project -related material and postage. City of Huntington Beach I Rehabilitation Loan and Construction Consulting 15 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM Table of Contents 1 Scope of Services 1 2 City 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 City 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 A RESOLUTION OF GRC ASSOCIATES, INC. AUTHORIZING ROBERT A. VASQUEZ TO SIGN CONTRACTS WITH CITIES ON BEHALF OF GRC ASSOCIATES, INC. WHEREAS, GRC Associates, Inc is a California corporation, and WHEREAS, on March 1, 2016, ownership of GRC Associates, Inc, will be transferred from John N Oshimo (current President and Secretary) to Robert A Vasquez RESOLVED, that GRC Associates, Inc hereby authorizes Robert A Vasquez to sign contracts with cities on behalf of GRC Associates, Inc starting this day forward HEREBY CERTIFY that the foregoing resolution was approved by the Board of GRC Associates, Inc on the 18th day of February, 2016 By ;�. John N. Oshimo, President and Secretary RFP Mailing List Request for Proposal Rehabilitation Loan and Construction Consultant November 16, 2015 MDG and Associates Ameri National Community Services Attn Rudy Munoz Attn Amber Amundson 10722 Arrow Route, Suite 822 3137 Achey Drive Rancho Cucamonga, CA 91730 Enterprise, AL 36330 PH (909) 476-9696 X 103 PH (866) 244-5750 X 1422 FAX (909) 476-6086 FAX (562) 927-2362 (LA area -Downey) Email rmunoz a,mdg-ldm com Email aamundson@amermational net Comprehensive Housing Services GRC Associates, Inc * Attn Gayle Bloomingdale Attn John Oshima, President 8840 Warner Ave #203 858 Oak Park Rd, Ste 280 Fountain Valley, CA 92708 Covina, CA 91724 PH (714) 841-6610 PH (626) 331-6373 FAX (714) 841-4341 FAX (626) 331-6375 Email gaylebgcomphouse net Email joshimoggrcassoc com Skyline Real Estate Services Turtle Island Construction Services Hannelore Inman J Patrick Piatt P O Box 181333 951 West Princeton Street Coronado, CA 92118 Ontario, CA 91762 619-318-0961 909-227-9391 skylmerealestateservices yahoo com www ticonsery gmail com Rosenow Spevacek Group Inc DMR Team, Inc Hitta Mosesman Sam Talebian 309 West 4`" Street 12063 A Jefferson Blvd Santa Ana, CA 92701-4502 Culver City, CA 90230 714-541-4585 310-822-4600 Ext 14 hmosesman@webrsg com samtgdmrteam com JWA Urban Consultants, Inc Jack Wong 609 Deep Valley Drive, Suite #200 Rolling Hills Estates, CA 90274 310-347-6310 jwong Ewa gmail com ACORD CERTIFICATE OF LIABILITY INSURANCE OP IDvGF.-TE(ICONYI)03/ GRCAS-1 10/30/15 FACDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LaGrange and Assoc_ates, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE '1t cense #OG32173 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR { 01 Ball Road #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _ypross CA 90630 Phone 800 350 7030 `INSURERS AFFORDING COVERAGE NAIC # LN3LREC I , SLRFP A •. CFPp..t> . G..e. aY 19046 v SUPER R•L•I Insurance Company 13056 GRC Associates, Inc LISU-RE 4C .L>L<..,.{Sp ( 19046 858 Oak Park Road # 280 (I s_HERD Covina CA 91724-3752 ! iNSLRER E i rnvcDAccc Try PttICi 5 C, I ­RAI CE LIS I EDa' O 1. C DEE"IS3_EO TO'1 E I I. LREONAVED AaO E FOR T+E PC' ICf PFRICOI OKATEC I OF, ITIQTA O Al IR'CLIP`ME I ERV OR LOIDGIC I DF A Fr CO ITRACT CA OTHER OCCVV" I Y 1111 RESPECT TOL I -CI THISCERT F,CA EMAY 9E 133UED OR MAI PER fAL InEI SURA CEAEFOROEDEf THE POLICIES OE KAI EEONEAENI IS SUOIf C ITO ALL THE nRU5 E%CLUSTO 3 u O COFIDITICNS OF �UCN POLtCIE 3 ALGA E CA TE LIMIT .110, I NM I I A�E DEEII AEOUC ED DY PAID CUI VG WSR POOL 1 POLICY EFFECTIVF POLIGI EAPRIATION . A INSflO 7 i,PL.11NSURAIoL I POLICY lu"BER pATE (MM.VdTYI I p..TE IMbLVa^IYI i11 UASTS ! fENERALJASI.Tf �CALr. OCCVRREr CE i3 1,000,000 A X X ; COMUEPCu ccufla uAauiT. 660456L6360 12/01/15 OAMAG1'0 REN,EO ] 12/01/16 PREMISES(E.w wa T 100,000 anus weE ,� occuR ! MEo cxv fA., PPP wr.Pro I s 5,000 f�- ! ! ! Prrs.o+At3 AO u1mrsY I s EXCLUDED 101 ICRALAOGRfGAIE { 2,000,000 ' OL AGGREGAit^iAi A E3FER i i PNOOULt3 LOMP`DPAGD f 1 2,000,000 I ! i �X 1 PauLI 'cc oc I 1 ! ' AUTCMODILC UApIUTt COMac1 IE0 SII.LE.MIT { 1,000,000 ANY AU10 660456L6360 12/01/15 12/01/16 A_L a+EO Auto,. aDOr Y tr lUNr { i 5C HEWLEOAUTOS H 1 i DOOIL I11JU91 A rIRCD.0 os ( ] A Q o o ED._ O, ( t^....Pe.n( iA. EH'rOA—L } t IP.� rcc.]aMl Ii ! 1 GARAGE UASN TI J, AUTOO11 EAACC-. y 1 or1•eR rNA: E.A°° fI s A` ", ° ETCESYVMHRCIU UA&l1iY EACN occuRREIcE 3 OCCu. I� CUIu] MADE I ! A00NEOAIE { I] i MOVO11a f ! � i l lMRKLN5 COWEN 3A I ION Ar D X ,�+ TL �CN iOR, LN A(13 _. EA ! C ADI I EMPLOIENI LIUN US - 4D42253-2-13 11/O1/15 11/O1/16 a ucNAcaoul, I { 1000000 A if PgpPHC O(t PANINCN CrECVihC ( { OF.,cfR NCMe_A L.c1MOc0+ fL 111A1E LA EMttoffE 13 1000000 El Di3G]E POLICY LIMIT I3 1000000 1 �. e... 15-10 �SP..PmO\ CPL PRiOtl3 SPgw 01NLH B Professional Liab RTP0001820 08/19/15 08/19/16 Per Claim $1,000,000 AAggregat $1,000,000 OE3CPIPOON pF OPCRA110N5, 1OCA1p NS I RNKLE31 Ea GLUSKNS AOOEO BY ENDORSENENI I SPEtial PROYSsiON] Certificate Holder, its agents, officers and employees are included as an Additional Insured and when applicable, the redevelopment agency of the City of Huntington Beach Form CG2037 07 04 is attached to this Certificate •Excoot 10 days written ntoico of cancellation ofr non-payment of promium CERTIFICATE HOLDER CITY002 City of Huntington Beach gisk Management Division 2000 Main Street Huntington Beach CA 92648 25 (200V08) CANCELLATION SNOULO ANf O! ENC ADO'/E OESCRIaEO POLICIES 9E CANCELLFO aEFPN E THE EE PUTA'ION GATE VgAEOF THE Is3ULhG,h3URERNLL ENDEA,OR TO AUIL XXXXXX)C X 30• DAYS NRITiEN NOTICE TO, I CERTIFKATE MOLOCR NAMED TO THE LEFT 0UI PAILURf r0 DO ]O SNAy XXXXXXXXXXXX IMPOSE NOOe ATTON OR UADILSFY OF AI IQD UPON THE I+SURER ITSACENTS011 HEPRESEN fAITVEs AU NIOflrzeo AE EseNl.lne F © ACORD CORPORATION 1988 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 behveen 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 ACDRD 25 (2001/08) NOTEPAD. INSURED'§,NAME GAC Associates,,' fnc Certificate holder is included as an Additional Insured with respect to the operations of the Named Insured as per the provisions of Form 2010 1 85 attached With respect to claims arising out of the operations and ises performed on or behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the behalf of the additional insured 6RCAS-1 - 'PAGE 3 OP IDVG DATE` 10/30/d.5 SAM Search Results List of records matching your search for Search Term : GRC* Associates* Record Status: Active No Search Results ���NSINGTpy CITY OF • BEACH i F Professional Service Approval Form ppGNTV �P� PART AR Date 1/27/2016 Project Manager Denise Bazant Requested by Name if different from Project Manager Department Economic Development RECEIVED FEB 01 2016I�� Finance Department PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART/ & II MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Name of consultant GRC Associates, Inc 2) Contract Number ECD (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract $90,000 Account number Contractual Dollar Amount Business unit object # Fiscal Year 2015/16 Fiscal Year 2016/17 Fiscal Year 2017/18 121981015 69300 $30,000 $30,000 $30,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to the contract ) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number ) 9) Attach Exhibit A, which describes the proposed scope of work 10) Attach Exhibit B-ayhich describes the payment terms of the contract F urchasing) Budget Man ger Approval Signature V Director of Finance esignee) Ygnature Z-Zz,-16 Date Date d-]� Date professional srvs - part ii doc REV February 2015 CITY OF HUNTINGTON BEACH Professional Service Approval• C �DONd fl PART .. Date 11/6/2015 Project Manager Name Denise Bazant Requested by Name if different from Project Manager Department Economic Development RECEIVED JAN 2 7 2016 Finance Department PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement Consultant to preform construction management and loan processing activities associated with the Rehab Loan Program (CDGB funded) 2) Estimated cost of the services being sought $ 75,000 annually (3-year contract), total $225,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain 4) Check below how the services will be obtained ® A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ❑ MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30,000 or less exempt procedure will be utilized 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If th swer to this question is "No," the contract will require approval from the City Council Z1 5(Yes ❑ No 6) F nager Signature 2 — z 3 `16 Date Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget cheq will occur at the object code level): 12198101 69300 $-7-5,GG8 c10 I'+— r%Q r.%.— $ CDBG Fund $ $ APPROVED /kPF,NIED ❑ 0 2 LIce .. Date TZ, A-/ Date Dat Date nager's Signature Date ✓ _ ` PROFESSIONAL -SERVICES FISCAL YEAR 2015/16 Y-y BUSINESS DEVELOPMENT ue ar[ment.— uescrl tlon 'Amount" Financial consulting/economic analysis, legal services, real = estate services (including but not - Office of Business limited to appraisals, right-of-way Development services, acquisitions, title), NLL parking consulting, engineering y$ services, CDBG/HOME i consulting, and inspection _ {; services $ ^ ` 150,545 00 Amendment ,,,Vendors E �_s "�f ` Amount' Contract Value Notes Number 11/16/2015 Lead Tech $ (--Al 17"001M 3 year contract at $5K annually Lead Based Paint RFP - Grant CDBG funded 11/9/2015 GRC $ 30,000 00 3 year contract at NTE $90K CDBG Funds 12/3/2015 Keyser Marston $ 75,000 00 Amendment for add'I $150,000 12/22/2015 Marketworks $ 15,000 00 2 year contract NTE $30K X -I tl 4 ToValu�,.,"' 'I $ 13g-6A9 A9 �� tal e Balance=' ;,"' 7 I $ Amount Contract Total 1 $150,000 00 $ 420,000 00