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HomeMy WebLinkAboutRalph Andersen & Associates - 2010-01-14 CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Ralph Andersen & Associates (Amendment No. 3) Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Amendment No. 3 to Consulting Services in connection functions of Finance and Treasurer Departments Amount of Contract: $21 ,950.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: /Yba Name/ ension City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RALPH ANDERSEN &ASSOCIATES FOR CONSULTING SERVICES IN CONNECTION WITH THE FUNCTIONS OF THE FINANCE AND TREASURY DEPARTMENTS THIS AMENDMENT NO. 3 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and RALPH ANDERSEN & ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement,dated February 22, 2010, entitled"Professional Services Contract Between the City of Huntington Beach and Ralph Andersen &Associates for Consulting.Services"which agreement shall hereinafter be referred to as the "Original Agreement;" and Since execution of the Original Agreement, the Original Agreement was amended to expand the Term thereof for the performance of the services; and Subsequent to amendment of the Original Agreement, the City has,requested additional work from the Consultant and Consultant has agreed to perform such additional work; and City and Consultant wish to amend the Original Agreement to reflect the additional work to be performed by Consultant, and the additional compensation to be paid in consideration thereof, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL WORK. Consultant shall provide additional services to City as described in Consultant's letter to City,a copy of which is attached hereto as Exhibit"A,"and incorporated by this reference as though fully set forth herein. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section 1 above, City agrees to pay Consultant, an additional sum not to exceed Two Thousand Dollars ($2,000). This additional sum shall be added to the original contract amount of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950.00), for a new total contract amount of Twenty-One Thousand Nine Hundred Fifty Dollars ($21,950.00). 10-2444,003/55179 1 t 2_ REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers o/b RALPH ANDERSEN&ASSOCIATES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Robe t Burg print name ITS: (circle one)Chairman/President/Vice President Deputy City inistrator AND APPROVED AS TO FORM: JL By- "r 'heatner Renschler print name e City Attorney /1't�r� ITS: (circle one)Secretary/Chief Financial ` `C1 Officer/Asst.Secretary-Treasurer r 10-2444.003/55179 2 S RWphAndersen &Assncia#�es Supplemental Scope of Fork Office 0f City Treasurer and Department of Finance This describes the Scope of Work requested by the City of Huntington Beach to perform supplemental work and analysis for the report entitled, "Evaluation of the Finance Department and the Office of the City Treasurer for the City of Huntington Beach." Purpose The purpose of this supplemental Scope of Work is to evaluate the core duties of the Huntington Beach City Treasurer under the City Charter. Using the minimum Charter requirements for staffing the Treas- urer's Office, options for staffing the Treasurer's Office and Finance Department will be identified and presented. Implications of this analysis of the minimum staffing required under the City Charter on cer- tain provisions of the City's Municipal Code will also be accomplished. Supplemental Scope of Work This supplemental Scope of Work to the recently prepared study of the Finance Department and Office of the City Treasurer will involve the following components: • Identification and analysis of the core responsibilities of the City Treasurer in the Huntington Beach City Charter; • Identification and analysis of the staffing required in the City Treasurer's Office to accomplish these core responsibilities; • identification and analysis of Municipal Code authority that may require revision to focus only on the City Treasurer's core Charter responsibilities; • Identification and analysis of staffing adjustments between the Office of the City Treasurer and the Finance Department that may improve overall efficiency and effectiveness of the City organi- zation, including improving lines of authority and responsibility among the City's fiscal func- tions; • A recommendation regarding whether or not the City Treasurer should remain a full-time posi- tion. Deliverables Ralph Andersen & Associates will provide a written report to the City Manager which will supplement the report, "Evaluation of the Finance Department and Office of Treasurer for the City of Huntington Beach." This supplemental report will contain recommendations regarding the organizationand staffing of the Office of City Treasurer and Finance Department if the City Treasurer's Office focused only on its core Charter responsibilities including possible revisions to the Municipal Code. Price The cost of professional services and expenses to perform this supplemental work and analysis will be $2,000. A Tradil ion o f ExceIIen, c• e Since 19 72 58O13 Slm?fi d RUweh Road.Susie 411). i'uidoi-niu 9,i 765 Phtme:916.6.3u-4900 Fm•:916,631)-1911 Websitr a�rir.ruiplrundersen.ezure CITY OF HUNTINGT N BEACH r Professional Service Approval Form Amendment # 010 004 03 1. Date Requested: 11/29/2010 2. Contract Number to be Amended: ADM 010 004 00 3. Department: City Administration 4. Requested By: Paul Emery 5. Name of Consultant: Ralph Andersen & Associates 6. Amount of Original/Prior Contract: $ 21,950.00 7. Additional Compensation Requested: $ None 8. Original Commencement Date: 1/14/10 9. Original Termination Date: 7/14/10 10.Extended Date Requested: 1/18/11 11.Reason for Contract Amendment: Additional time needed to complete contract. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 10040101.69365 s' Department H ad Signature Director of Finance (or designee) Signature CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Ralph Andersen & Associates Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Amendment No. 2 to Consulting Services in connection functions of Finance and Treasurer Departments Amount of Contract: ($19,950.00) Extending term only Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Narefi xtensiorf —� City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RALPH ANDERSEN &ASSOCIATES FOR CONSULTING SERVICES IN CONNECTION WITH THE FUNCTIONS OF THE FINANCE AND TREASURY DEPARTMENTS THIS AMENDMENT NO. 2 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and RALPH ANDERSEN & ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2010, entitled "Professional Services Contract Between the City of Huntington Beach and Ralph Andersen&Associates for Consulting Services"which agreement shall hereinafter be referred to as the"Original Agreement,"and Consultant wishes to extend the time for the performance of the Original Agreement and City and Consultant agree that the this period shall be extended up to an additional 90 days from the date set forth in the Original Agreement, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. Paragraph 3 of the Original Agreement is amended to read as follows: 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on January 14, 2010 (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 January 18, 2011 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. 10-2444.002/53818 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of,the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers L(V /l—/0 RALPH ANDERSEN&ASSOCIATES CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: ' Robert Burg �r print name ITS: (circle one)Chairman/Presiden ice President Deputy City A ministrator AND By: / 15f— APPROVED AS TO FORM: Heather Renschler e print name �_ City Attorney ITS: (circle one) Secre Chief Financial � Office/Asst.Secretary-Treasurer 10-2444.002153819 2 CITY OF HUNTINGTON BEACH -; Professional Service Approval Form ® Amendment # 010 004 02 1.- Date Requested: 10/11/10 2. Contract Number to be Amended: ADM 010 004 00 3. Department: City Administration 4. Requested By: Paul Emery 5. Name of Consultant: Ralph Andersen & Associates 6. Amount of Original/Prior Contract: $ 19,950.00 7. Additional Compensation Requested: $ None 8. Original Commencement Date: 1/14/10 9. Original Termination Date: 7/14/10, extended to 10/18/10 10.Extended Date Requested- 1/18/11 11.Reason for Contract Amendment: Additional time needed to complete contract. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 10040101.69365 Department ead Signature Director of Finance (or designee) Signature OCT 2 orney s-YI't>. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RALPH ANDERSEN&ASSOCIATES FOR CONSULTING SERVICES IN CONNECTION WITH THE FUNCTIONS OF THE FINANCE AND TREASURE DEPARTMENTS THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and RALPH ANDERSEN & ASSOCIATES, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement,dated February 22, 2010, entitled "Professional Services Contract Between the City of Huntington Beach and Ralph Andersen&Associates for Consulting Services"which agreement shall hereinafter be referred to as the"Original Agreement,"and Consultant wishes to extend the time for the performance of the Original Agreement and City and Consultant agree that the this period shall be extended up to an additional 90 days from the date set forth in the Original Agreement, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. Paragraph 3 of the Original Agreement is amended to read as follows: 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on January 14, 2010 (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 October 18, 2010 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 10-2444,001149043 1 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. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers �t��S/ A() RALPH ANDERSEN&ASSOCIATES CITY OF HUNTINGTON BEACH,a y municipal corporation of the State of By 6 California., f� Robert Bur print name ITS: (circle one)ChairmanlPresidenwice Preside ! G II AND APP OVED AS TOf�FORM: Byr-4b Heather Renschler City Attorney print name ITS: (circle one)Secretary/ hief Fin aican l °w O et Asst. Secretary-Treasurer REVIE1 AIND APPROVED: PhAdministrator 10 2444.001149043 2 CITY OF HUNTINGTON BEACH _ Professional Service Approval Form Amendment # 010 004 01 1. Date Requested: 7/20/10 2. Contract Number to be Amended: ADM 010 004 00 3. Department: City Administration 4. Requested By: Paul Emery 5. Name of Consultant: Ralph Andersen & Associates 6. Amount of Original/Prior Contract: $ 19,950.00 7. Additional Compensation Requested: $ None 8. Original Commencement Date: 1/14/10 9. Original Termination Date: 7/14/10 10.Extended Date Requested: 10/18/10 11.Reason for Contract Amendment: Additional time needed to finish contract. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 10040101.69365 /J Department Head Signature Director of Finance (or designee) Signature CONTRACTS SUBMiT;(1LT6 ` CITY CLERK'S OF LEB 22 PH 3: 57 To: JOAN FLYNN, City Clerk Name of Contractor: Ralph Andersen & Associates Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Consulting Services in connection functions of Finance and Treasurer departments Amount of Contract: $19,950.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management El Finance Dept. ❑ ORIGINAL bonds sent to Treasurer F] Date: Nam4lExtensiI4 City Attorney's Office ///y 2616 �� 4'-�0/3 G:AttyMisc/Contract Forms/City Clerk Transmittal 4-Ay7 1A) L—AIC, PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ralph Andersen & Associates FOR Consulting Services 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.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH_ AND Ralph Andersen & Associates FOR Consulting Services 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 Ralph Anderson & Associates a corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare a report to evaluate the organization, procedures, and functions of the Finance and Treasurer Departments. Also, a review of the FireMed billing and subscription service functions and activities ; 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 Heather Renschler, 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 sves to$49 12-07 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of-CONSULTANT are to commence on January 14 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than July 14, 2010 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "E," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed nineteen thousand nine hundred fifty Dollars ($ 19,950.00 1 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 agree/surfnet/professionalsvcs to$49 12-07 2 of 11 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall 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 apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svcs to$49 12-07 3 of 11 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 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional svcs to$49 12-07 4 of 11 forthwith terminate this Agreement. Such termination shall not affect Consultant's_right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in 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/professional svcs to$49 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 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/surfnet/professionalsves to$49 I2-07 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: TO CONSULTANT: City of Huntington Beach Ralph Andersen & Associates ATTN: Paul Emery, Deputy City Administrator 5800 Stanford Ranch Road, Suite 410 2000 Main Street Rocklin, CA 95765-4386 Huntington Beach, CA 92648 agree/surfnet/professionalsvcs to$49 12-07 7 of 11 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 agree/surfnet/professionalsvcs to$49 12-07 8 of 11 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 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/professionalsvcs to$49 12-07 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 hereinbelow 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. CONSULTANT's initia o-E— 4�1v' 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/professionalsvcs to$49 12-07 10 of 11 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 City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the.State of Ralph Andersen & Associates California COMPANY NAME t11 t��2A�i2.��eet�rf£h�f By: 0J w7f�ct' (13 �4 (Pursuant To HBMC§3.03.100) Robert Burg print name ITS: (circle one)Chairman/Presiden ice President" APPROVED AS TO FORM: AND �City Attorney ���� By: /�,7 - P�� �Z> Heather Renschler Date print name ITS: (circle one)Secretary hief Financial O—f—fceoksst. Secretary—Treasurer agree/surfnet/professional svcs to$49 12-07 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop a report to evaluate the organization,procedures, and functions of the Finance and City Treasurer Departments. This report also includes a review of the FireMed billing and subscription service functions and activities. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Will meet with the City Administrator and Deputy City Administrator to determine project timing. 2. Evaluate certain work processes involving both the Finance and City Treasurer Departments. 3. Conduct interviews with Finance and City Treasurer Department staff. 4. Analysis of the City's workflows related to the functions with the goal of improving efficiency, timeliness, and customer service. 5. Evaluate the FireMed billing and subscription service functions and activities to determine which department should be administering this function. 5. Will examine the organizations, functions, policies, and practices of two or three other cities of comparable size, which also have separate finance and treasurer departments. 6. Will prepare a draft report for further use by the City. 7. Will present the final report to City staff or at the City Council workshop. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide necessary documents for consultant to review. 2. Give access to consultant of department staff. 3. Provide a meeting area for consultant to present final report. D. WORK PROGRAM/PROJECT SCHEDULE: 1. First meeting with City Administrator and Deputy City Administrator in January. 2. Submit draft report to City Administrator. 3. Submit final report after feedback is received from the City. EXXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. • Includes professional services hours to prepare and present the final report. • Reimbursement of out of pocket expenses will be billed on an actual cost basis for travel,printing and binding, postage and deliver,and clerical and telephone charges. • Total not to exceed $19,950.00. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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. 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. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate 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. AC®R& CERTIFICATE OF LIABILITY INSURANCE OP ID SS DATE(MM/DDIYYYY) �..� ANDE580 01/13/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Professional Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Protection Advantage Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 22 Century Hill Dr. Ste. 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Latham NY 12110-1423 Phone: 518-782-3000 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Beazley Insurance Company Inc. INSURER B: Ralph Andersen & Associates INSURER C: 580D Stanford Ranch Rd Ste 410 INSURER D: Rocklin CA 95765 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 NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE LIMITS DATE MM/DD/YYYY) DATE(MM/DDYYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS Q��y+ ��n����**///jjj BODILY INJURY $ SCHEDULED AUTOS hE !IF VEDAp/ 1 �./�1�'1 (Per person) HIREDAUTOS ,IC/ /A\vBODILY INJURYNON-OWNED AUTOS R McGRA H,City eiy (Per accident) PROPERTY DAMAGE $ L (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS!UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION T T - AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVF� E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Misc Professional VllC5J09PNPM 11/10/09 11/10/10 Ea Claim $2,000,000 Liability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Deductible - $10,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION EIWT200 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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 Paul Emery Deputy City Administrator REPRESENTATIVES. 2000 Main Street AD REPRESENTATIVE Huntington Beach CA 92648 (/!� ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance does not constitute a contract between 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. ACORD 25(2009/01) Commercial Certificate of Insurance FARM E Rs Agency • Ice Insurance Agency Name . 2920 Prospect Park drive,Suite 205 � p Issue Date (MM/DD/YI') February 3,2010 & • Rancho Cordova,CA 95670 iAddress • (916)387-6800 This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the St. 95 Dist. 25 Agent 361 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck Insurance Exchange Letter Name Ralph Andersen&Associates Company B Farmers Insurance Exchange & 5800 Stanford Ranch Rd.,#410 Letter Address • Rocklin,CA 95765 Company C Mid-Century Insurance Company Letter Company Letter Coverages 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. Co. Type of Insurance Policy Number Policy Effective Policy Expiration Policy Limits Ltr. yp y Date(MM/DD/YY) Date(MM/DD/YY) y A X General Liability General Aggregate $ 4,000,000 Commercial General Products-Comp/OPS ! 603373281 01/01/10 01/01/11 Aggregate $ 2,000,000 Liability Personal& i )C -Occurrence Version Advertising Injury $ 4,000,000 Contractual-Incidental Each Occurrence $ 2,000,000 OnlyFire Damage (Any one fire) $ 1,000,000 Owners&Contractors Prot. Medical Expense (Any one person) $5,000 A )c Automobile Liability Combined Single All Owned Commercial Limit $ 603373281 01/01/10 01/01/11 Autos Bodily Injury Scheduled Autos AP D S O Fo (Per person $ 2,000,000 X Hired Autos Bodily Injury $ 4,000,000 K Non Owned Autos JE F IVI GRAT , lty orney (Per accident) i Garage Liability i Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ B )c Workers' Compensation A09273883 10/20/10 10/20/11 Statutory and Each Accident $ 1,000,000 Disease-Each Employee $ 11000,000 A )c Employers' Liability 603373281 01/01/10 01/01/11 Disease-Policy Limit $ 1,000,000 Description of OperationsNehicles/Restrictions/Special items: Added as additional insured:City of Huntington Beach i Certificate Holder Cancellation . City of Huntington Beach,ATTN: Should any of the above described policies be cancelled before the expiration date Name . Paul Emery Deputy City Administrator thereof,the issuing company will endeavor to mail 30 days witten notice to the & • 2000 Main Street certificate holder named a left but failure to mail tice shall impose no Address • Huntington Beach,CA 92648 obligation or liability o ny on in its a is or representatives. Jake A.Ice Authorized Representative 56-2492 4-94 Copy Distribution:Service Center Copy and Agent's Copy H-01 POLICY NUMBER: 60337-32-81 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: City of Huntington Beach * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ CITY OF HUNTINGTON BEACH Professional Service Approval Form PART Date: 1/5/2010 Project Manager Name: Paul Emery Requested by Name if different from Project Manager: Department: City Administration 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: Consulting services to evaluate the orgainzation, procedures, and functions of the Finance and Treasurer Departments. It also includes a review of the FireMed billing and subscription service functions and activities. 2) Estimated cost of the services being sought: $ 19,950.00 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: 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 — Contract Limits of$30,000 or less exempt procedure will be utilized. Deparf5Ont Head Signature Date APPROVED DENIED ❑ Ci d inistrator's Signature Date �l. Director of Finance's Initials Deputy City Administrator's Initials 1Za Date �Z �Q Date r - CITY OF HUNTING TON®N BEACH Professional Service Approval Form PART II .Date: 1/14/2010 Project Manager: Paul Emery Requested by Name if different from Project Manager: Department: City Administration 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:Ralph Andersen & Associates 2) Contract Number: ADM 010 004 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 19,950.00 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. —(/x —' 1 � 6P— Director of Finance (or designee) Signature Date