HomeMy WebLinkAboutHENNESSEY GROUP - 2003-02-24Su ..itY Contracts Checklist for Submittal to
l City Clerk's Office
\� Hunt Beach -
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor: Hennessey Group
2. Purpose of Contract: Economic Analysis/Affinity Card
3. Expiration Date: February 24, 2004
4. Amount of Contract: Twelve thousand five hundred dollars ($12,500.00)
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? [:]YES E NO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? []YES EN/A
OR Is the attached contract a SOLE SOURCE? ❑YES ❑N/A
C. Did you attach a COPY of the insurance certificate! Giver and send the ORIGINAL to Risk Management? E YES
PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY:
Luann Brunson x5529
Economic Development
February 25, 2003
g:/forms/city clerk contract checklist.doc
PROFESSIONAL SERVICE CONTRACTS
11 PURCHASING CERTIFICATION
1. Requested by: Luann Brunson
2. Date: February 13, 2003
3. Name of consultant: Hennessey Group
4. Description of work to be performed: Economic Analysis
5. Amount of the contract: $12,500.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10080101.69505
8. Is this contract generally described on the list of professional service contracts
approved by the City Council? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ® No
11. Attach list of consultants from whom proposals were requested (including a
contact tellepoone number). �4 P VL`7G —
Y�^ `7YP�U���J
12. Afach pP
ro osed scope of work.
13. Attach proposed payment schedule.
IC ARbA AD er
Purchasing/Central Services
If the answer to any these questions is "No," the contract will require approval from the City Council.
Purchasing Certification 2/13,20036:21 PM
0
0
2
3
4
5
b
7
O
9
lO
ll
12
13
14
15
}6
17
18
19
20
2)
22
33
24
25
28
27
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGD
FM
Table o[Contents
BcmpemfServices ---------------------------------..l
CityStaff Assistance ................................................................................................ %
Teno;Time mf Performance .....................................................................................
2
Compensation.......................................................................................................... 2
Extra Work .------------------------------------..Z
Method of Payment --------------------------------..3
Disposition ofPlans, Estimates and Other Documents ...........................................
3
HoldHarmless .........................................................................................................
3
Professional Liability Insurance .............................................................................
4
Certifiouteo{Insurance ............................................................................................
5
Independent Contractor .......................................................................................
.... 6
Termination of Agreement -----------------------------6
Assignment and Delegation ----------------------------..6
-----_____—_--------------------...7
City Employees and Officials .................................................................................. 7
Notices.........................................................................................
7
Consent.................................................................................................................... 8
Modification.............................................................................................................
8
SectionHeadings ..................................................................................................... *
Interpretation of this Agreement --------------------------8
Duplicate Original ---------------------------------.9
Innod-------------------------------------9
Legal Services Subcontracting Prohibited ................................................................
9
Fees..........................................................................................................
lO
Survival.....................................................................................................................
lU
Governing Law .........................................................................................................
lD
Entirety -----------^--------------^.^------------.lO
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTOI� BEACH AND
P eb) M 101 s , r.1 �l V?"A IN
}&Z, stS l 4-(lug C ,�
THIS AGREEMENT ("Agreement") is made and entered into this cay of
/'i- 20 L, by and between the City of Huntington Beach, a municipal
corporation of the State of Califomia, hereinafter referred to as "CITY, and
14�i� vl es5 Yd , a :5-9 y-1-eI
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
tit V1 if—(— e-C,oi? lit rC 4 m Ai5 ; and
LtS S i G CL-1
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 i C� ��L �l - 4°NNPSSw1�) shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree,Iformslprofserv10115i01 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
"Commencement Date"). This Agreement shall expire on 00-0MT - -M �JJG unless
0 2 Y� Gu.-Fipn..
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than e--)U from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit
"B," a fee, including/ all
costs
and expenses, not to exceed
�Iuely-e
�&u5� d �ye hLcmdrea'
Dollars (S i0o, 0 U )
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.. forms. profsery 10.i l 5."01 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
agree;%rms.!prarser I Of 15'01 3
CONSULTANT will conduct all 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 applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
insurance policy covering the work performed by it hereunder. This policy shall provide
co age <insur
SULTANT's professional liability in an amount not less than One
Million$1,000,000.00) per occurrence and in the aggregate. The above-
mentionece shall not contain a self -insured retention, "deductible" or any other
similar form of limitati on the required coverage except with the express written consent
of CITY. A claims -made poll shall be acceptable if the policy further provides that.
A. The policy re active date coincides with or precedes the initiation
of the scope of wor including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CI of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain sim r insurance during
the required extended period of coverage following PROJECT completion. nsurance is
terminated for any reason, CONSULTANT agrees to purchase an extended re ing
provision of at least two (2) years to report claims arising from work performed in'
apee.'forms.'profsery 1 D` 14-U 1 4
shall:
10. CERTIFICATE OF INSURANCE
furnish to CITY a certificate of insurance subject to approval of the City Attorney
r�,Ngg the foregoing insurance coverage as required by this Agreement; the certificate
A.\shstate
name and policy number of each carrier and policy;
B.hat the policy is currently in force; and
C.se that such policy shall not be suspended, voided or
canceled by el\dayrior
uced in coverage or in limits except
after thirty (30ritten notice; however, ten (10) days'
prior written nent of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing ' surance coverage in force
until the work under this Agreement is fully completed and accepte y CITY.
The requirement for carrying the foregoing insurance c erage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification ob ' ations as
set forth in this Agreement. CITY or its representative shall at all times have the ri t to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
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
agreelformslprofsery 10.115:01 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agrcc'fonns profscrvl0I501 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: biyet*hy o� CCoi?ow i c
2000 Main Street twue-loeilf
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
M i'&had T.
t'sse!l
-- r
17300 Ott
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
Agree.lforms.lprofsery l0! 1501 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
ngree.'fOMs/profservIO`15 Ol 8
•
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
fi
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree.`forms'profserv10115101 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that parry's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree'forms.'profsery 10!15!01 10
0
•
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
wntten.
CONSULTANT,
CITY OF HUNTINGTON BEACH,
Zviyl PS,s-e-N Y 9 u-p a municipal corporation of the State of California
I
.0 &d C,/,w
Director of _ rZO nm o m rt_ fV iftlYl�-P� -t-
By' (Pursuant To HB.MC §3.03.100) `-
. r l , . 4 ki PSS P
print name
ITS: & ai an.?President!Vice President APPROVED AS TO FORM:
AND
�,lyw.o3 City A ey
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer
agrec.?forms: profsery l or 15 O 1
REVIEWED AND APPROVED:
City Administrator
(only jar contracts over $50, 000.00)
5
Note
FX,�+/9/7_ A 0
Affinity Card
Hennessey Group - Scope of Work
Task
Create & revise financial model for card operation
Generate pro forma cash flows
Review contracts
Assist in internal message development
Assist in external message development
Project administration, conference calls
Total
Hours Amount
30
S
3,750
42
S
5,250
10
$
1,250
4
$
500
4
$
500
10
$
1,250
100 $ 12,500
` Hourly Rate $ 125.00
• The time estimates used in this scope of work are on a best estimate basis and the
actual time required for each task could vary.
Exf+tsl-F _a�
Payment Schedule
Invoices will be submitted semi-monthly for services performed. Invoices due 30 day
from date of receipt.
f
HENNESSEY GROUP
January 27, 2003
Mr. David Biggs
Director, Economic Development
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92684
RE: City of Huntington Beach Affinity Card Scope of Work
Mr. Biggs,
Per you request I have attached a scope of work for the Huntington Beach affinity credit
card. I believe the time estimates are conservative and that the project will require less time
than estimated. However, as no one has ever created city sponsored affinity card of this type
before, and therefore I cannot be certain as to the time needed to compete all the tasks. I
look forward to discussing this with you at you earliest convenience.
Best regards,
Mi 1 ennesse� -
REAL ESTATE DEVELOPMENT AND CONSULTING
17300 17- STREET • SUITE J-251 • TUSTIN • CALIFORNIA 92780 • [714)77;-7443 PHONE • (714)771-3081 FAX
E-MAIL HENNESSEY.GROL P- NET -STAR. NET
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Economic Development
2. Date: February 11, 2003 _
3. Name of contractor/permittee: Hennessey Group
4. Description of work to be performed: Economic Analysis/Affinity Card
5. Value and length of contract: one year
6. Waiver/modification request: waiver
7. Reason for request and why it should be granted: Does not involve liability to the city;
please reference Hennessey Group contract with Admin Services
8. Identify the risks to the City in approving this waiver/modification: none
1, ltm,2/11 /03
Department ead SI nature Date:
AP #OVA'
Approvals must be obtained: in the :order listed on this farm, Tvrp approvals are required
for a request "#o be granted. Approval from the CitY Admnistrator's 0.f�ioe-is only required i#
Risk Management and the'Glty Attorneys C�ff�ce disagree.
1. Risk Management
l Approved El Denied 'Z— rt % /G
Signature Date
2. City Attorney's Office
Approved ❑ Denied %Z _ �ZLc�
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/rnedificatian request is to be submitted to the
CitOntact nceAnfar7e contract has kieen approved,
this form is to befrled with the Risk Management Division of Administrative Services
Insurance & Indemnification Waiver 2/11/2003 2:47 PM