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HomeMy WebLinkAboutRobert T Moncrief - 2008-06-09 CONTRACTS SUBMITTAL T170 " 'm ` # ° CITY CLERK'S OFFICE 2008 JUN 13 VI 11 41 if Y To JOAN FLYNN, City Clerk Name of Contractor Robert T Moncrief Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Interim Housing Manager Amount of Contract $30,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed ❑ Initiating Dept ❑ to Risk Management Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ - e&"Xi— Date 17//T a e/Exte sion City Attorneys Office X / 007 9 G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THEACITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 14 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach /a municipal corporations of the State of California hereinafter referred to as "CITY and /le ey7l a hereinafter referred to as "CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to Arm, /76uvi���sga >e�yf�„c,�/i 5 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 / J " p CONSULTANT hereby designates �f/�1�i'�/�.tJC�/e� 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 svcsto$49 12 07 1 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on iye_ 20 eX(the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than Q/Ue-- Ye- from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATION In consideration of the performance of the services described herein CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by referenceinto this Agreement a fee including all costs and expenses, not to exceed ;�1450 AJ eg Dollars ($ 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/professional Svcs to$49 12 07 2 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 sves to$49 12 07 3 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 "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY 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 to 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 svcsto$49 12 07 4 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 here der CONSULTANT shall furnish to Cl a certificate of insurance subject to approval of e City Attorney evidencing the foregoing insuranc overage as required by this Agreemen the certificate shall A pr vide the name and policy nu er of each carrier and policy B state th the policy is curre y in force and C shall proms that suc olicy shall not be suspended voided or canceled by either party e uced in coverage or in limits except after thirty (30) days' prior w ten tice however ten (10) days prior written notice in the event f cancellatio or nonpayment of premium CONSULT T shall maintain the regoing insurance coverage in force until the work under this Agree ent is fully completed and acc ted by CITY Th requirement for carrying the foregoing surance coverage shall not derogate from CONS TANT s defense hold harmless and indemnt ation obligations as set forth in this Agr ment CITY or its representative shall at all times h ve the right to demand the orig al or a copy of the policy of insurance CONSULTANT shall pa in a prompt and timely manner the premiums on the insurance heremabove required agree/surfnet/professionalsvcs to$49 12 07 5 11 INDEPENDENT CONTRACTOR CONSULTANT is and shall be acting at all times to 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 heremabove agreefsufnet/professional svcs to$49 12 07 6 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 heremabove) 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 Beac 1z ji I / 7;#,eet�I tf ATTN 00,7A e of¢Z- g33 I3Isr�-- " 2000 Main Street dr Da le-S 0104 Huntington Beach CA 92648 agree/surfnet/professionalsvcs to$49 12 07 7 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/professional svcs to$49 12 07 8 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 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 nonprevaihng party 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact held by the atory or is�wit0hpdrawn CONSU LTANT's initials 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/professional svcs to$49 1207 10 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 C 'V °-_ -- a municipal corporation of the State of ��u1C_i�A _ California COMPANY NAME By ct ctor/Chief y (Pursuant To M 03 100) print na ITS (circle one)Chairmam Lesiden;tL President APPROVED AS TO FORM AN f � �- City Attorney ���� By ��- c e'— i ��e;•�CN r t Date print name ITS (circle one)Secretary/ hief Financial Officer/Asst Secretary—Treasurer agree/surfnet/professionalsvcs to$49 1207 1I EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) The Interim Housing Manager will provide guidance and will manage implementation of complex housing projects B CONSULTANT'S DUTIES AND RESPONSIBILITIES Manage oversee coordinate and perform a wide range of duties regarding the planning organizing and management of affordable housing development programs 1 Evaluates effectiveness of affordable housing programs 2 Prepares publish presents and maintains a variety of reports including financial reports and records, in accordance with applicable laws and regulations 3 Working with Staff, audit program compliance and design and implement program corrections and improvements 4 Coordinates program activities with other departments outside agencies and community groups 5 Monitor and evaluate the efficiency and effectiveness of program delivery methods and activities 6 Monitor compliance with housing program and grant-funding requirements 7 Evaluate work activities projects and program performance outcomes 8 Resolves complaints and mediates disputes, 9 Identifies funding resources and develops funding proposals, 10 Evaluates proposals negotiates contracts and development agreements 11 Conducts feasibility studies 12 Trains supervises and evaluates the performance of staff 13 Prepares applications for program funding from new and renewable sources 14 Prepare staff reports for Council 15 Oversees and participates in housing loan processing counseling and field inspection operations 16 Directs and participates in the preparation of loan/grant applications and related documents 17 Provides information to the City Attorney in the execution and administration of Surfnet Exhibit A housing program activities performs other related duties and 18 Other duties as necessary to perform the duties of the Interim Housing Manager C CITY'S DUTIES AND RESPONSIBILITIES 1 Direct and coordinate consultant's work assignment, as necessary 2 Work with the consultant to establish a mutually-agreeable work schedule 3 Review for approval and authorize consultant payments in a timely manner, as described in exhibit `B" 4 Provide a appropriate work area within Department, for consultant to conduct the duties established in this agreement D WORK PROGRAM/PROJECT SCHEDULE Work days, times and hours shall be on an as-needed basis, as directed, within a mutually-agreeable schedule 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 Principal $95 /hour B Travel 1 Charges for time during travel are not reimbursable 2 Automobile expenses are limited to the IRS standard business mileage rate of $0 445 C Billing 1 All billing shall be done monthl in one-tenth-hour (0 10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example, minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 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 case or matter 3 Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25) per page CITY will not pay a fee or charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0 10) per page, whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example time spent for faxing, mailing arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 The CITY expects that all attorneys will have a library, be it in book or electronic form Consequently the CITY will not pay for electronic legal research such as LexisNexis or Westlaw Surfnet Exhibit B hourly 7 CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required 8 CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 9 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 10 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 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 11 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 Su `iy INSURANCE AND INDEMNIFICATION WAIVER tinG�t �� MODIFICATION REQUEST 1 Requested by Economic Development 2 Date June 3, 2008 3 Name of contractor/permittee Robert Moncrief 4 Description of work to be performed Interim Housing Manager 5 Value and length of contract 4-6 months J315 )e- 6 Waiver/modification request submitall of professional services insurance 7 Reason for request and why it should be granted independent contractor working as an interim position 8 Identify the risks to the City in approving this waiver/modification minimal r De ment Head Signature Date APPROVALS Approvals must be obtained in the order listed on this form provals are required for a request to be granted Approval from the City Admi rator s O only required if Risk Managemen nd the Cit to y�s Office disagree f 1 )Risk Management f Approved ❑ Denied VZA Sign t D 2 Fy Attorney's Office Approved ❑ Deni d �L p Signature D to 3 City Admonestrator's Office ❑ Approved ❑ Denied Signature Date If approved the completed waiver/modification request is to be submitted to the City Attorneys Office along with the contract for approval Once the contract has been approved this form is to be filed with the Risk Management Division of Administrative Services waiver form(2) 6/3/2008 11 32 00 AM CITY OF HUNTINGTON BEACH Professional Service Contracts B Purchasing Certification t �,0 oeveDa21d(9 1 Date 6/3/2008 2 Contract Number G—HOOSE--@NE 3 Department Economic Development 4 Requested by 5 Name of consultant 6 Attach the written statement of the specification conditions and other requirements for the requested services provided to solicited consultants 7 Amount of the contract $30 000 8 Are sufficient funds available to fund this contract?' ® Yes ❑ No 9 Is this contract generally described on the list of professional service contracts approved by the City Council?' ❑ Yes ® No 10 Business Unit and Object Code where funds are budgeted 11 Is this contract less than $50 000? ® Yes ❑ No 12 Does this contract fall within $50 000 and $100 000? ❑ Yes ® No 13 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 contract) 14 Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No ,-ee—^/,,- ,r �1 3 D 3 DAB 15 Attach list of consultants from whom proposals were requested (including a contact telephone number) n/a 16 Attach proposed scope of work 17 Attach proposed payment schedule 4,L -Pt 1 t o Department H d Signature "//RIdHAMD IL Central Services Manager 1 If the answer to this question is No the contract will require approval from the City Council