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HomeMy WebLinkAboutROSENOW SPEVACEL GROUP INC. - 2001-04-16 1 • DEPART MENTALGhIrk AMP- ECKLlS1' F0 w TRANSM/TT1NG$.$20; M 000�& UNDERAGREEMENTS �� Yes No N/A Rosenow S evacek Group -02 - ■ Are all blanks filled in on 'agreement? ■ Has contractor signed agreement? Are all other signatures (e.g., City Attorney Approval As To Form)on ■ agreement? ■ 1 Does agreement have Exhibits and/or Attachments? If Yes, ■ Are Exhibits/Attachments marked? ■ Are Exhibits/Attachments attached? Yes No N/A ■ 1 1 Is Insurance required? If Yes, ■ Is Insurance attached? ■ Is Insurance Approved As To Form by City Attorney ■ If waived, is Settlement Committee approval attached? If waived, has agreement been initialed by contractor or revised to remove ■ insurance requirement from text of agreement? Yes No N/A If this agreement requires documentation to be on file regarding Requests *■ for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? 3 3 Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search (termination date is required for Clerk's computer program to flag for microfilming/destruction purposes). Description of Agreement (Purpose - such as Perform Soil Analysis Waterfront Hilton/PCH/Atlanta): Conduct compliance audit of affordable housing multi-family rental housing projects. *Five firms were sent RFPs: Comprehensive Housing Services, Cotton Beland, RSG, Keyser Marston Associates, Inc., and Conrad &Associates. One proposal in addition to RSG's was received (Conrad &Assoc., LLP) at a much greater cost. Termination Date: April 16, 2002 gAbobbi6contract clerk bp.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. COMPLIANCE MONITORING SERVICES EFFECTIVE APRIL 16, 2001 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR COMPLIANCE MONITORING SERVICES Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance.................................................................................................2 3 Time of Performance ...............................................................................................2 4 Compensation ..........................................................................................................2 5 Priorities..................................................................................................................2 6 Extra Work...............................................................................................................2 7 Method of Payment..................................................................................................3 8 Disposition of Plans, Estimates and Other Documents ...........................................4 9 Hold Harmless .........................................................................................................5 10 Workers' Compensation Insurance..........................................................................5 11 General Liability Insurance......................................................................................6 12 Professional Liability Insurance..............................................................................7 13 Certificates of Insurance ..........................................................................................7 14 Independent Contractor............................................................................................8 15 Termination of Agreement.......................................................................................8 16 Assignment and Subcontracting...............................................................................9 17 Copyrights/Patents...................................................................................................9 18 City Employees and Officials ..................................................................................9 19 Notices.....................................................................................................................9 20 Modification.............................................................................................................10 21 Captions...................................................................................................................10 22 Section Headings .....................................................................................................10 23 Interpretation of this Agreement..............................................................................I I 24 Duplicate Original.....................................................................................................11 25 Immigration..............................................................................................................12 26 Legal Services Subcontracting Prohibited...............................................................12 27 Attorney's Fees.........................................................................................................12 28 Entirety.....................................................................................................................13 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR COMPLIANCE MONITORING SERVICES THIS Agreement is made and entered into this day ofPr�«/ 2001,by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Rosenow Spevacek Group, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide compliance monitoring services; 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in the Request for Proposal ("RFP"), and CONSULTANT's Proposal dated June 15, 2000 (both of which are hereinafter referred to as Exhibit "A"), which are attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Kathleen Rosenow, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 g:4:2001agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than 12 months from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT, on a time and materials basis, at the rates set forth in Exhibit"A" a fee not to exceed Four Thousand Dollars ($4,000.00). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this Agreement, the CITY's RFP, or the CONSULTANT's Proposal, the following order of precedence shall govern: (1) Agreement, (2) the CONSULTANT's Proposal, and (3) the CITY's RFP. 6. 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 2 g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 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. 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A." B. 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) For all payments include an estimate of the percentage of work completed. 3 g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 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 promptly 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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. 8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it 4 g*2001agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability,loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONSULTANT covenants that it will comply with such provisions prior to commencing performance of the work hereunder; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suit, actions, proceedings, and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. 5 g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 CONSULTANT.shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONSULTANT shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation. 11. GENERAL LIABILITY INSURANCE_ In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. The policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount:' combined - single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 6 g*2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 Under no circumstances shall the above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 12. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. 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 will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. C. 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. D. The reporting of circumstances or incidents that might give rise to future claims. 13. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 7 g:4:2001agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 • • A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policies 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 coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. 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 the CITY. CONSULTANT shall secure at its 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 services to be performed hereunder. 15. 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 8 gA:2001agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 • • cause, and whether or not 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 the CITY,become its property and shall be delivered to it by CONSULTANT. 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 17. 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. 18. 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. 19. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Economic Development 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, addressed as follows: 9 g*2001agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 TO CITY: TO CONSULTANT: Director of Economic Development Kathleen Rosenow City of Huntington Beach Rosenow Spevacek Group, Inc. 2000 Main Street 540 N. Golden Circle, Suite 305 Huntington Beach, CA 92648 Santa Ana, CA 92705 Telephone: (714) 541-4585 Ext. 231 20. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SECTION HEADINGS . The titles, captions, section, paragraph, 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. 23. 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 to g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 • • unenforceable, void, illegal or invalid, such holding shall not affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 24. 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 of the parties hereto shall retain an originally-signed copy hereof. .Each duplicate original shall be deemed an original . instrument as against any party who has signed it. 25. 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. 26. 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 11 g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 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. 27. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to�secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE INTENTIONALLY LEFT BLANK 12 g:4:2001agreements:RosenowSpevacek RLS 21001-0123 2-22-01 28. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT CITY OF HUNTINGTON BEACH, a ROSENOW SPEVACEK GROUP, INC., municipal corporation of the State of California a Califo is corporation By: print name Director of Economic Development ITS: (circle one)Chairman/Preside t/Vice President Pursuant to HBMC 3.03.100 AND APPROVED AS TO FORM: B : l- y City Attprney p �— print name ITS: (circle one)Secretary/ hie�Financial /Asst. Secretary—Treasurer REVIEWED AND APPROVED: 6:12 � City Adrt0istrator 13 g:4:2001 agreements:Rosenow Spevacek RLS 21001-0123 2-22-01 u x ) City of Huntington Beach Frw� 2000 MAIN STREET CALIFORNIA 92648 --- DEPARTMENT OF ECONOMIC DEVELOPMENT Director 714/536-5582 Redevelopment 714/536-5582 FAX 714/375-5087 Housing 714/536-5542 REQUEST FOR PROPOSAL May 29, 2000 Kathleen Rosenow Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705-3914 Re: Compliance Audit for Affordable Multi-Family Rental Housing Projects Dear Ms. Rosenow: The City of Huntington Beach is soliciting proposals from experienced consultants to conduct an audit of bond financed multi-family rental housing projects. The consultant's findings will be used to determine and document that affordable rental housing projects in the City are managed in compliance with applicable requirements. The consultant's scope of work will include review of the following bond financed projects: Very Low- Low- Moderate Total Total Income Income -Income Restricted Project Name Units Units Units Units Units Five Points Senior Apts. 166 32 0 16 48 Huntington Breakers 342 0 129 0 129 Huntington Village 113 0 14 14 28 Applicants should be knowledgeable of bond program audit requirements such as reviewing tenant household income certification records, and applicants should demonstrate experience performing audits of comparable sized projects. Borid Pro eds Audi:RFP You are invited to submit a proposal for this audit. Your proposal should include the following: • A not-to-exceed fee quote to conduct the audit of the above-referenced three bond projects • The date available to start work • The time required to complete the assignment • A description of the firm and a summary of the firm's experience for projects of this type • An identification of the team members and a summary of their relevant experience • Business references, including the names of specific contact persons and the nature of the associations • A statement that the firm can provide insurance in the type and amounts required by the City (see enclosed requirements) Of significant importance in the selection of the firm will be the overall quality of the consultant team as evidenced by previous work and responsiveness to this RFP. The City is committed to providing equal opportunity in the award of contracts and purchasing of services and commodities in a fair and equitable manner. In addition, the City is committed to providing opportunities for Huntington Beach firms. The City of Huntington Beach intends to review and evaluate all submissions within 14 days of the submission deadline based on the evaluation criteria enumerated above. The selected firm will be asked-to enter into an agreement with the City of-Huntington Beach. The City reserves the right to reject any and all proposals. .Proposal s must be received by noon, June 16, 2000. Please submit 2 copies to: Steve Holtz Economic Development Department City of Huntington Beach 2000 Main Street, 5th Floor Huntington Beach, CA 92648 I look forward to receiving your proposal. If you have any questions regarding the project or submission requirements, you may contact me at (714) 536-5901. Sincerely, Steve Holtz Development Specialist RO FNOW S PEVACEK GROUP INC. June 15, 2000 Mr. Steve Holtz Economic Development Department CITY OF HUNTINGTON BEACH 2000 Main Street, 5"' Floor Huntington Beach, California 92648 PROPOSAL FOR COMPLIANCE AUDIT OF AFFORDABLE MULTI-FAMILY RENTAL HOUSING PROJECTS Dear Mr. Holtz: Pursuant to your request, the Rosenow Spevacek Group, Inc. ("RSG") is pleased to provide this Proposal to conduct a compliance audit of three (3) affordable multi-family rental housing projects. For the past 20 years, RSG has provided redevelopment and housing implementation services to public agencies throughout California. Our services have included affordable housing program development, implementation and monitoring; project coordination; mobilehome park conversions; developer negotiations; real estate economics; fiscal consultant and tax increment verification services; preparation of economic strategy plans; and redevelopment plan adoptions and amendments. CORPORATE REFERENCES RSG has extensive experience in Redevelopment Agency assisted affordable housing program formulation, implementation, and administration. We currently provide housing bond program oversight and program administrator services for mobilehome parks in the Cities of San Marcos (6 parks), Vista (2 parks), Brea, the County of Riverside and the San Bernardino Housing Authority (7 parks) and for apartment complexes in the Cities of Alhambra and Paramount. RSG also provides on-going affordable housing program development and administration for numerous affordable housing projects in the Cities of La Quinta, Coronado, El Cajon, and Lemon Grove, including home purchase loan programs, residential rehabilitation loan programs, sewer connection subsidy programs, and oversight of Agency-owned affordable single family rental units. cXttlB�fi � 540 North Golden Circle, Suite 305 • Santa Ana, CA 92705-3914 • Telephone 714.541.4585 • Fax 714.836.1748 San Diego 760.967.6462 • E-Mail Address: RSGINCCAC'aol.com Mr. Steve Holtz • • CITY OF HUNTINGTON BEACH June 15, 2000 Page 2 Through our extensive experience in all aspects of affordable housing, RSG staff are completely familiar with the laws relating to affordability and the process involved with income determination and verification, eligibility review, housing cost allowances, etc. A list of corporate references is attached hereto. SCOPE OF SERVICES For this engagement, RSG proposes to provide the services detailed below for the following three (3) properties: Very Low Low Moderate Total Total Income Income Income Restricted Project Name Units Units Units Units Units Five Points Senior Apts. 166 32 0 16 48 Huntington Breakers 342 0 129 0 129 Huntington Village 113 0 14 14 28 Totals 621 32 143 30 205 1. RSG will obtain and review copies of the pertinent bond documents for the referenced projects to determine the affordability requirements for each property. It has been our experience that property managers may not always be familiar with these requirements. 2. RSG will obtain and review copies of the quarterly occupancy reports submitted to the City for compliance with the bond provisions. Once this has been completed, a detailed analysis will be prepared for each property which will summarize by unit number, household incomes allowed for each family size, the income category, and whether the unit is rented as affordable rent as defined by the bond Regulatory Agreement. 3. Once this has been completed, RSG will arrange through City staff to schedule a date and time to conduct an audit of the rental records with the property owner or manager. The purpose of the audit will be to verify the accuracy of the data submitted to the City and that the appropriate back-up documentation has been obtained from the tenant. Such an audit need not include the records of each affordable unit. We feel that a sampling of approximately fifty percent (50%) of the affordable units should provide sufficient data to verify the information contained in the quarterly reports. Should discrepancies be found, RSG will audit each record. Discrepancies could include using income limits and housing cost allowances for a different year than the year under review, inaccurate income category and/or housing cost determination, and non-existent or incomplete income verification. 4. RSG will prepare a report of our findings to the City. The report will include details on any discrepancies, recommendations to remedy such instances, and whether the property meets or exceeds the bond's affordability requirements. F:\RSGUNARKE71Housing\huntbch-rental audit.doc _E '14`S 17 A Mr. Steve Holtz • • CITY OF HUNTINGTON BEACH June 15, 2000 Page 3 PROJECT TEAM The Principal in charge of this engagement will be Kathleen Rosenow, with support from Nancy Madrid, Managing Housing Administrator, and Rebecca Caha, Housing Technician. FEE QUOTE RSG proposes to provide the services described in the Scope of Services based on a not to exceed fee of$ 4,000. This fee estimate is based upon the following hourly rates: Principal $150.00/hour Housing Administrator 100.00/hour Housing Technician 65.00/hour The fee is based upon an estimate of the number of annual hours needed for each task. If the Scope of Services is substantially changed in the future, RSG will request a fee adjustment. INSURANCE COVERAGE RSG carries general liability insurance in the amount of $1,000,000 combined single limit per occurrence with a $2,000,000 general aggregate; fire damage liability in the amount of$50,000; and medical expense liability of $5,000; automobile liability for noncompany owned automobiles in the amount of $1,000,000 combined single limits; and worker's compensation and employer's professional liability insurance in the amount of $1,000,000. A Certificate of Insurance will be supplied upon request which includes the City's specific wording requirements RSG provides all employees with fully-paid medical insurance coverage. We want to thank you for the opportunity to provide this proposal for services. If you have any questions or need additional information regarding this proposal, please call either of us at (714) 541-4585 (Kathleen at extension 227 and Nancy at extension 231). We look forward to an opportunity to work with you on this project. Sincerely, ROSENOW SPEVACEK GROUP, INC. Kathleen Rosenow Nancy Madrid Principal Managing Housing Administrator Enclosure F:\RSG\MARKEMousing\huntbch-rental audit.doc Ex�}�� A CORPORATE REFERENCES Arcadia 626/574-5401 Bill Kelly,City Manager Bell 213/588-6211 Annette Peretz,Director of Dev.Services Bell Gardens 310/927-8301 Anthony Ybarra,Comm.Dev.Director Big Bear Lake 714/866/5831 Henry Harvey,Executive Director Brinker International 949/459-6891 Kathy Avjian,West Coast Real Estate Manager 972/770-5838 Blake Bernet,Corporate Counsel Buena Park 310/830-7600 Patrick Brown,Former Deputy Director (Now with the City of Carson) California City 760/373-8661 Jack Stewart,City Manager Camarillo 805/388-5307 Bill Little,Executive Director Carson 310/830-7600 Patrick Brown, Comm.Dev.Director Lance Burkholder,Economic Dev.Agency Chino 909/591-9811 Chuck Coe,Planning Director Chiron Corporation 510/601-3584 Tom Peterson,Corporate Real Estate Chula Vista 619/691-5047 Fred Kassman,Redev.Coordinator Compton 310/945-8229 Cynthia Coleman,Director Coronado 619/522-7300 Pam Willis,Deputy Director Cudahy 310/773-5143 Jack Joseph,City Manager Culver City 310/202-5771 Jody Hall-Esser, Chief Admin Officer Diamond Bar 909/860-2489 Terrance Belanger,City Manager Downey 310/869-7931 Art Rangel,Community Dev.Director Eight Bees Trust 626/796-9854 Paul J.Bahan,Esq.,Trust Manager El Cajon 619/441-1776 Bill Garrett,Executive Director Encinitas 619/679-4205 Warren Shafer,Former Executive Director Fontana 909/350-7697 David Edgar,Community Development Director Fountain Valley 714/965-4425 Andrew Perea,Plaimmi g Manager Hemet 714/658-9411 Rod Watkins,Executive Director Huntington Beach 714/536-5511 David Biggs,Economic Development Director Huntington Park 213/582-6161 William Chow,Assistant Planner Inland Valley Development Agency 909/885-4832 William Bopf,Executive Director 818/704-0195 Timothy Sabo,Agency Counsel La Palma 714/523-7700 Pamela Gibson,City Manager La Quinta 760/777-7100 Tom Genovese,Executive Director Lake Forest 714/707-5583 Kathy Graham,Comm.Dev.Director Lemon Grove 619/464-6934 Robert Richardson,Executive Director Los Angeles Unified School District 213/625-6289 Henry Jones,Financial Services Mills Corporation 618/692-9101 Elizabeth Link,Development Director Mission Viejo 714/582-2489 Clint Sherrod,Comm.Dev.Director Monterey Park 626/307-1385 Kelvin Tainatongo,Economic Dev.Director National City 619/336-4250 Paul Desrochers,Executive Director OHI Group Inc. 714/901-8909 David Kennon,Vice President of Development Orange Redevelopment Agency 714/288-2585 Victoria Cleary,Project Manager County of Orange-John Wayne Airport 949/251-5226 Jan Howard,Deputy Airport Director 949/252-5228 Roy Freeman,Real Property Agent Palm Desert 760/346-0611 Carlos Ortega,Executive Director David Yrigoyen,Project Manager Palm Springs 760/323-8175 Teresa LaRocca,Former Housing/Red.Coord. (Now with Palm Desert) Poway 619/679-4205 Warren Shafer,Executive Director Ridgecrest 760/375-1321 Damon Edwards,Executive Director County of Riverside 909/275-1100 Robin Zimpfer,Manager San Diego 619/236-7245 Pies Felix,Project Coordinator County of San Diego 619/694-3737 Jennifer Thaeler,Project Manager San Gabriel 626/308-2805 P.Michael Paules,City Administrator San Marcos 619/744-1050 Richard W.Gittings,Executive Director San Pablo 510/215-3040 Ronald Kiedrowski,Comm.Dev.Director Santa Ana 714/647-5360 David Ream,City Manager Cynthia Nelson,Executive Director County of Santa Barbara 805/568-3079 Mark Mittermiller,Project Admin. Santa Monica 310/458-2251 Jeffrey P.Mathieu,Director Solana Beach 619/755-2998 Steve Appie,Planning Director Sparks 775/353-2301 Terri Thomas,Finance Director Torrance 213/618-5855 Mary Giordano-Specht,Asst.City Administrator Victor Valley Economic Development Agency 619/246-6115 Mike Nuby,Interim Executive Director Victorville 619/245-3411 Dick Cole,Deputy Executive Director Vista 619/726-1340 Morris Vance,Executive Director West Covina 626/814-8417 Chester Yoshizaki,Admin.Analyst Whittier 310/945-8229 Tom Mauk,Executive Director Rosenow Spevacek Group,Inc. E�1 M T f� Corporate References CORPORATE RESOLUTION At a duly constituted meeting of the Board of Directors of ROSENOW SPEVACEK GROUP, INC. held on November 22, 1999, the following resolution was unanimously passed: RESOLVED, that any officer of the corporation is authorized to enter into any contract or execute any instrument in the name of and on behalf of the corporation. The officers of the corporation are: Felise Acosta Daniel T. Miller Kathleen Rosenow Frank J. Spevacek John N. Yonai IN WITNESS WHEREOF, I have affixed my name as Secretary of said Corporation and have caused the corporate sealof the corporation to be hereunto affixed this day of November, 1999. Daniel T. Miller, Secretary CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member. Steve Holtz/Assistant Project Manager 2. Date of Request 04/13/01 3. Name of Contractor/Permittee Rosenow Spevacek Group Inc. 4. Description of work to be performed Compliance audit—of affordable housing projects 5. Value of Contract $4,Onn_On 6. Length of Contract 12 months 7. Type of Insurance Waiver or Modification Requested: $5'1000 Professional Liability deductible (a)Limits: $1,000 (b)Coverage Professional Liability 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? 9. Reason for Request for Waiver or Reduction of Limits Unable .to comply with the city's Zero rjPS]urtihlP rP=uirement. 10. Identify the risks to the City if this request for waiver or modifications granted nnnP Department Head Signature (This section to be completed by Risk Manages) Recommendation: Approve Dev'- Risk Manager's Signature/Date� (This section to be completed by City Attorney) Recommendation: Approve ✓ Deny City Attorney's Signature/Dale c / / 0 Settlement Committee approva ' is not])rquired for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's f i o be placed on the agenda. Recommendation: Approve Deny City.Council approvar - ]Qnot] equired for this waiver. If City Council approval is required,attach this form to the RCA after consideratio__n``�blement Committee. This insurance waiver[is not] on City Council agenda. Reviewer's initials jmp/mis/inswaiver/3/14/00 APR-13-2001 11.01 CnrIA 949 752 2950 P.02/03 . CERTIFICA OF LIABILITY INSURANC DATE PR 13 / �gCOR>D Y APR 13 011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND GELKER&ROHRER INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2402 MICHELSON,SUITE 100 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IRVINE CA 92612 POLICIES BELOW, PHONE: 949-862J1900 FAX: 949-7524950 Agency Lic#:0560758 COMPANIES AFFORDING COVERAGE INSURED COMPANYA: C_NA __ _A T ROSENOW SPEVACEK GROUP INC COMPANY B: EVEREST NATIONAL IN SURANCE—COMPANY N GOLDEN CIR 0305 - —--- -- - . ._--...... _-- •- SANTA ANA CA 92705 COMPANY C: ROYAL SURPLUS LINES INSURANCECE —_. CO66 !COMPANY D: COMPANY E: 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. INSR Aa TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY B 1027765751 JAN 14 01 I JAN 14 02 I EACH OCCURRENCE is 1,000,00111 X COMMERCIAL GENERAL LIABILITY [ME E DAMAGE(My O,w Fve) (f 100,000 CLAIMS MADE O OCCUR I D-EX (Any One Person) :f — 6,000 ADV INJURY A I PERSONAL 8 Is 1,000,000 1 GENERAL AGGREGATE IS 1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ' I RODUCTS-COMP/OP AGG. S 1,000,000 POLICY PROJECT I LOC AUTOMOBILE LIABILITY B 1027765765 JAN 14 01 JAN 14 02 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 13 1,000,000 ALL OWNED AUTOS APPROVED AS TO F'ORM:1 S�DIL person) SCHEDULED (Per eraon)— SCHEDULED AUTOS A GALL, b-jIr X HIRED AUTOS a*,;; 7 ODILY INJURY 4-------- CITY �> r.Y - f p NON-OWNED AUTOS i i( cc,dentl BY '''7 At OY'n13 PROPERTY DAMAGE iS GARAGE LIABILITY l �OTHER AUTO ONLY-EA ACCIDENT s ANY AUTO u u THAN EA ACC f AUTO ONLY: AGG S EXCESS LIABILITY B 1027T6S765 JAN 14 01 JAN 14 02 EACH OCCURRENCE S 1,000,000 X OCCUR ❑ CLAIMS MADE ,AGGREGATE If 1,000,000 A r—___—..—... f DEDUCTIBLE f RETENTION f - i$ . WORKERS COMPENSATION AND 3900008166-011 JAN 14 01 JAN 14 02 WC STATU• OTHER ' EMPLOYERS'LIABILITY T0A*uIAT&—_-_I_.-_—.—_..—...._._....._..._... ..... IE.L.EACHACCIDENT E 1,000.000 B i �E.L DISEASE-EA EMPLOYEE—{If— 1,000,000 EI I DISEASE-POLICY LIMIT' ;S 1,000,000 OTHER:PROFESSIONAL KZD 626482 MAR 101 MAR 1 02 I$i,000,000 AGGREGATE C LIABILITY I i 1$ 6,000 DEDUCTIBLE i DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE DE ADDITIONAL INSURED;INSURER LETTER.- _— C NCELLA ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE REDEVELOPMENT AGENCY OF THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN REDE CITY OPM NGTAG BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O.BOX 190 HUNTINGTON BEACH,CA 92648 AUTHORIZED REPRESEN'IIVE Attention: STEVE HOLTZ ACORD 25-5(7197) Certificate# 15288 APR-13-2001 11:11 949 752 2950 98X P.02 APR-13-2001 11:02 A Aft 949 752 2950 P.03/03 DAE SUPPLEMENT TO C RTIFICATE OF LIABILIT S #15288 APRT301 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS ADDITIONAL INSURED WITH RESPECTS TO:GENERAL LIABILITY,COMMERCIAL AUTO,WORKERS COMP AND EXCESS LIABILITY: CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS AND EMPLOYEES AND WHEN APPLICABLE,THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH. THE INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE,BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF"YOUR WORK"FOR THE INSURED BY OR FOR YOU. TEN(10)DAY NOTICE FOR CANCELLATION FOR NON-PAYMENT OF PREMIUMS Certificate# 15288 TOTAL P.03 APR-13-2001 11:11 949 752 2950 98i P.03