Loading...
HomeMy WebLinkAboutOC Partnership - 2009-12-15FOBCONTRACTS SUBMITTAIII T®}10:1_j or",H 2 9 CITY CLERK'S OFFICE Hu 7 1 E 'i I i 4 U J To: JOAN FLYNN, City Clerk Name of Contractor: OC Partnership Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Homeless Prevention and Rapid Rehousing Program Data Collection Amount of Contract: $20,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management F� Finance Dept. F-1 ORIGINAL bonds sent to Treasurer ❑ Date: Nam 06-teugion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal � X,' is /aai PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND QC-krtWSi11 h F R "Ieu Neuentton&A Paid 6ouSleV4 �008-(00) N '�(0667� THIS AGREEMENT ("Agreement") is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach, a public body of the State of California, hereinafter referred to as "AGENCY, and ®C. �GAhgrl,6p- a hot) �A%I hereinafter referred to as "CONSULTANT." — I WHEREAS, AGENCY desires to engage the services of a consultant to 40w,;.►� s fe r ///ORN d, j, / 'I ; and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates NU.4 3 Le e who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. agree/surfnet/agency prof Svcs 50 to 100 12-07 1 of I I 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on bKpm6r 15 , 20Oq (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 NC0M6r 31, �OA j from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed 1L( A,ydtiDollars 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/surfnet/agency prof Svcs 50 to 100 12-07 2 of 1 I such work only after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 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 AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/agency prof svcs 50 to 100 12-07 3 of 1 I applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of AGENCY; however an insurance policy "deductible" of Ten Thousand Dollars ($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 AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the AGENCY with required proof that insurance has been procured and is in force and paid for, the AGENCY shall have the right, at the AGENCY's agree/surfnet/agency prof svcs 50 to 100 12-07 4 of I 1 election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the AGENCY for any work performed prior to approval of insurance by the AGENCY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/agency prof svcs 50 to 100 12-07 5 of 11 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 AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made 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 AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/agency prof Svcs 50 to 100 12-07 6 of 11 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO AGENCY: Redevelopment Agency of the City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/surfnet/agency prof svcs 50 to 100 12-07 7 of 11 TO CONSULTANT: 17. CONSENT When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. if any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agree/surfnet/agency prof Svcs 50 to 100 12-07 8 of I 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 right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/agency prof svcs 50 to 100 12-07 9 of I I 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials " f 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 agree/surfnet/ageney lirofsves 50 to lily 12-07 10 of I I behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Agency Counsel. This Agreement shall expire when terminated as provided herein. CONSULTANT, �YIIX �P�1tSilnANY MCQ Co By:usl � Le e , �xeuLAt tf WedCd- print name_ ITS: (circle one) Chairman Presiders Vice President AND o ef,v n. G w--geSe. lz, G",/� ame ITS: (circle on Secreta /Chief Financial Officer/Asst. Secretary — Treas agree/surfnet/agency prof svcs 50 to 100 12-07 11 of I I REDEVELOPMENT AGENCY OF THE CITY OF HUNTI GT99N BEACH, a political body of the State ali�brnia Executive Director INITIATED AND APPROVE : <—, e4n�::— Deputy Executi ector APPROVED AS TO FORM: 2 © i 0 Agency Counsel Datela�lll EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) OC Partnership seeks funding for data collection, evaluation and reporting services through CMIS to assist the City of Huntington Beach in satisfying the federal HPRP oversight requirements. As the lead agency for the county, OC Partnership provides all training, outreach, and technical support for direct service providers using the system. In addition to the collection of the universal and program data elements currently required by HUD, several new HPRP specific fields must be captured, including: • Grant identifier • Homeless status • Financial assistance provided • Housing relocation/stabilization services provided This data will allow Huntington Beach the ability to more closely measure and report sub grantee outcomes and effective use of funds. Quarterly and Annual Progress Reports to HUD will need to be generated accurately. With this new infusion of HPRP programs, nonprofits will be required to contribute client data to CMIS, moving our community closer to HUD's goal of a widely used regional homeless client database that accurately paints a picture of homeless clients and services received in Orange County. CMIS allows for an accurate regional and agency level view of our service delivery system, and identification of service gaps required to inform local programmatic and funding decisions. Your investment in CMIS will allow OCP to: • Expand the CMIS system to meet the new HPRP data collection requirements • Provide CMIS system setup, training and technical support to your sub grantee recipients • Provide the data needed to complete the Quarterly Progress Report (QPR) for sub grantees to be submitted to the City of Huntington Beach • Provide an auto generated Quarterly Progress Report (QPR) that Huntington Beach will submit to HUD. • Provide direct access to CMIS to allow City of Huntington Beach to review the activities of HPRP funded agencies Surfnet Exhibit A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: OC Partnership will be responsible for meeting the following requirements of HPRP: • Ensure that all required HPRP data elements are incorporated in the vendor's back end database working with the vendor to modify the system's graphical user interface ■ Accommodate the new data collection requirements • Conduct system testing and validation of the enhancements • Create scripting to facilitate new data reporting requirements • Set up new agencies coming on to the CMIS system • Create new unduplicated Annual Progress Report for sub grantees • Develop new aggregate Quarterly Progress report for grantees • Train new agency staff on the overall functionality of the system 13 Retrain existing users to utilize the new HPRP required fields ® Modify paper client intake forms to reflect new data requirements • Update user manuals and other documentation to reflect enhancements • Establish alternate method of data collection for agencies starting programs prior to system changes being completed ® Set up/modify data migration protocol for agencies using another system to collect client information • Conduct marketing/communications/outreach to inform participating agencies of the changes to the system • Create auxiliary reports as needed to accurately measure progress and ensure effective use of HPRP funds Currently, we are able to document the status of at -risk or homeless program beneficiaries through our four page CMIS intake form. This intake process also allows us to determine their last place of residency so we can ensure that they are Huntington Beach residents. The form includes the following broad categories with subcategories under each: • Name • Date of birth • Social security number • Gender • Ethnicity • Head of household • Level of education • Disabled • Insurance • Housing status • Family Composition Surfnet Exhibit A • Last known permanent address • Income source(s) • Prior living situation • Length of homeless period • Number of episodes of homelessness in past three years • Drug/alcohol, mental health, and domestic violence issues • Services provided during program • Exit questions upon leaving the program Sub grantees utilizing CMIS have the responsibility of validating the homeless/at-risk status of clients. CMIS currently allows for the categorization of clients as either homeless or at -risk but will be expanded as a result of HPRP to further refine client status as precariously housed, stable, immediately at -risk of homelessness. This refinement will go a long way in providing insight into the characteristics and risk factors that lead to homelessness so that our community can develop programs to address them. As mentioned above, several new fields will be required by the HPRP Program and we are prepared to update our system. The system will also allow grantees to confirm many program compliance factors such as eligibility and service provision to ensure that federal funds are being used appropriately. C. CITY'S DUTIES AND RESPONSIBILITIES: The City of Huntington Beach, as the HPRP grantee, will be responsible for ensuring that sub grantees enter data into CMIS in a timely and accurate manner. The City is ultimately responsible for the data collection by each City sub grantee as well as validating the quality of the data entered and ensuring that the information reported in the Quarterly Progress Report has been validated as accurate for reporting the use of funds back to HUD. Sub -grantees must use CMIS to report client progress as required by HPRP guidelines. D. WORD PROGRAM/PROJECT SCHEDULE: The work performed under this contract spans from present through December 15, 2012. Activities completed within the scope of this project are bundled as a complete service and will be performed as needed to satisfy the responsibilities identified in the Statement of Work. Surfnet Exhibit A 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: The work effort that will be undertaken to satisfy the requirements of this contract will be billed based on completion of project deliverables. The consultant fee for services is all inclusive and no additional charges will be billed for activities delineated in the Statement of Work. Each submitted invoice will include a summary of incremental activities completed in support of the project scope. This project effort includes software development costs, training, system setup, maintenance and ongoing support costs. OC Partnership will bill in accordance with the following budget line items: HPRP PROTECT BUDGET EXPENSE CATEGORY HPRP REQUESTED AMOUNT OTHER ARRA FUNDS OTHER PUBLIC FUNDS OTHER PRIVATE FUNDS TOTAL PROGRAM BUDGET PROGRAM PERSONNEL Salaries 17,500 826,745 1 1 844,245 Fringe Benefits 139,300 139,300 PROGRAM SUPPLIES Office Supplies 100 650 750 Postage 150 150 Program Supplies 250 500 750 Other (Specify) PROGRAM OPERATING Telephone 150 10,350 10,500 Utilities 12,000 12,000 Rent (Facility Use) 500 41,500 42,000 Printing 4,500 4,500 Liability Insurance 9,000 9,000 Other (Specify) PROGRAM EQUIPMENT Computers/Software 1,500 1 166,575 1 168,075 Other (Specify) OTHER PROGRAM Other : Third Party Hosting 75,000 75,000 Other: Technical Services 145,680 145,680 Other: Online Connectivity 5,550 5,550 Other: Security Recovery 22,500 22,500 Other: Program Customization 97, 779 97, 779 Other: Program Data Conversion 10,782 10,782 TOTALS: 20,000 1,568,561 1,588,561 Surfnet Exhibit B hourly AGENCY PROJECT PERSONNEL ANNUAL ANNUAL TOTAL HPRP POSITION TITLE SALARY BENEFITS COMPENSATI FUNDS ON REQUESTED Agency Support Coordinator $39,970 $6,496.05 $45,866.05 $1,000 Executive Director $106,640 $17,595.60 $124,235.60 $3,000 Project Manager $78,108 $12,887.82 $90,995.82 $5,500 Training & Support Specialist $49,100 $8,101.50 $57,201.50 $4,000 Training & Support Specialist $48,539 $8,008.94 $56,547.94 $4,000 Much of the effort required to satisfy this project is front loaded in that it was necessary to put the system infrastructure in place prior to sub grantees being able to utilize CMIS to track Homeless Prevention and Rapid Rehousing Program (HPRP) activities. As such, OC Partnership intends to bill SO% of contract costs in Year I and 25% in each of the second and third years of the contract. The City may choose to engage OC Partnership Services for additional efforts outside of the scope of work (e.g. City requested customized reporting) and if this should occur, OC Partnership will provide an estimate outlining the scope of the additional services and associated cost. No work will commence on the additional effort until written approval is provided by the City. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) 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. That total should provide, at a glance, the total fees and 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 comments on any such product, CITY shall identify specific requirements for satisfactory completion. 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 CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Surfnet Exhibit B hourly 2 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 CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. 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 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. Surfnet Exhibit B hourly 3 FM,,�j , �,* cCc,,&,,r 11(2,10 C RD CERTIFICATE OF LIABILITY INSURANCE OP ID ZM DATE(MM/DD/YYYY) OCPART2 10 21 09 !PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone:925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A NON PROFITS INSURANCE ALLIANCE OC Partnershi INSURER B PIRSTCOMP INSURANCE COMPANY I .._ ... __ I ....... ..... _._ ------ Ms. Shawn Kelly INSURER C 13 9 S Olive — ----- — - - — - - — Orange CA 92866 INsuRER D: SUR -- — INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SRC TYPE OF INSURANCE POLICY NUMBER POLICY EFF TIYE DATE MM/DD/YY P 1 Y EXPIRATION DATE MM/DO/YY LIMBS GENERAL LIABILITY EACH OCCURRENCE $ Z, 0 0 0, O O O A X X COMMERCIAL GENERAL LIABILITY 200911859NPO 09/14/09 09/14/10 S 500, 000 -DAMAGETORERTED_...... - PREMISES(Ea ocurence)_ CLAIMS MADE I -- 1 OCCUR --I MED EXP (Arty one Person) I S 2 0 , 00 0 PERSONAL&ADV INJURY _ $1, 000, 000 ..._. GENERAL AGGREGATE -_ .. _. _. S 2, 000, 000 X Professional Liab S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY PRO- JECT LOC I ------- AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT I $ 1000000 A ANY AUTO i 200911859NPO 09/14/09 09/14/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS i (Per person) X HIRED AUTOS BODILY INJURYX NON-OWNEDAUTOS A VED 0 (Per accident) rFRM PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY �� AUTO ONLY - EA ACCIDENT $ ANY AUTO --- I f EA ACC OTHER THAN _...,_._ $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILfTY EACH OCCURRENCE S1,000,000 A $ OCCUR CLAIMS MADE El 200911859UMBNPO 09/14/09 09/14/10 AGGREGATE $1, 000, 000 $ DEDUCTIBLE ) $ X RETENTION $ 10 , 000 $ WORKERS COMPENSATION AND X TORY LIMITS R ER B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE WSI002958701 09/14/09 09/14/10 _ $ 1000000 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE -------- .$ 10 0 0 0 0 0 OFFICER/MEMBER EXCLUDED? ' If yes, descnbe under SPECIAL PROVISIONS below ------------ S 1000000 — -- i E.L. DISEASE - POLICY LtM1T OTHER AlProf Liab 200911859NPO 09/14/09 09/14/10 Occ/Agg lmm/2mm A Li or Liab 200911859NPO 09/14/09 09/l4/10 Occ/A lmtn/lmm DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: As on file with the insured. City of Huntington Beach is named as additional insured on General Liability policy per attached endorsement CG2026. *Except 10 days notice for non-payment of premium. I.NIV I.CLLF� I IVPi HUNTI I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main Street REPRESENTATIVES. Huntington Beach, CA 92648 AUTHOR NTATNE ACORD 25 (2001/08) 0C ACORD CORPORATION 1988 1INGi7 CITY OF -O BEACH Professional imu+ fir. rg �CpU�Ca�� 4 yr- PART 11 Date: 1/26/2010 Project Manager: Sidney Stone Requested by Name if different from Project Manager: Department: Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:OC Partnership 2) Contract Number: ECD 010 001 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 20,000 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, which describes the payment terms of the contract. /Z L-, �, j ? /6 Director of Finance (or designee) Signature Date of IN �NTG,e 1 -- O H ,.'y a .. �� �� ,�'.- - i ApprovalForm 1 1�y1 Professional �9 ��C iq�FOJ Date: 12/11/2009 Project Manager Name: Sidney Stone Requested by Name if different from Project Manager: Sidney Stone Department: Economic Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: The City has received $566,611 in Homeless Prevention and Rapid Re -housing Funds. One of the requirements of using these funds is entering data into the CMIS system which the City does not have access to as we default to the County for the Continuum of Care program. We wish to retain the services of OC partnership to collect the data from our subgrantees and enter into CMIS as well as provide training to our subgrantees on HPRP data collection. Either CDBG Administration or RDA set -aside funds will be used to fund this contract. 2) Estimated cost of the services being sought: $ 20,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit and Object Code where funds are budgeted: 30680301.89250. 6) 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. Head Signature APPROVED �,,,DEtIIED ❑ City Acftirfistkator's Signature Director of Finance's Initials Date { O_ tl,..I Date 42L Deputy City Administrator's Initials