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HomeMy WebLinkAboutRudy E Munoz, LDM Associates - 2014-12-22 F CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Blame of Contractor: Rudy E Munoz, LDM Associates Purpose of Contract: For Example Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Reconciliation of HUD Expenditures from IDIS to JDE Amount of Contract: $10,350 Copy of contract distributed to The original insurance certificate/waiver distributed to Risk Management Initiating Dept Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, W 5249 Date: 2/17/15 Name/Extension City Attorney's Office HOV38 NQ1ONw4nH JO A 113 Z 1 :q add S 1 Nflr Stag G AttyN isc/Contract Forms/City Clerk Transmittal ' 6 � � � L CITY OF HUNTINGTON BEACH is Professional Service Approval Form RECEIVED PART I NOV 18 2014 Finance Department Date: 1 1/1 81201 4 Project Manager Name* Sunny Han Requested by Name If different from Project Manager. Department: Finance PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY 'MANAGER, 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 Reconciliation of HUD expenditures from IDIS to JDE 2) Estimated cost of the services being sought~ $ 10,350 3) Are sufficient funds available to fund this contract? ®Yes ❑No If no, please explain: 4) Check below how the services will be obtained ❑ A Bid solicitation process In accordance to the MC 3 03.060 procedures will be conducted ❑ MC 3.03.08(b)—Other interagency Agreement procedure will be utilized ® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) is this contract generally described on the list of professional service contracts approved by the City Council? If the answe this question Is "No," the contract will require approval from the City Council.) ®Y ❑No Fiscal Service anager ignature(Purchasing Approval) Date 6) Amount, Business Unit(8 digits)and Object Code(5 digits)where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit object' ar 1 estimate Year 2 estimate Year 3(estimate) 10035205.69365 $10350 $ $ (t d Budget Approval T Date D rtment Head nature(s) Date ireoto of Flnanc 's Signature Date Wt Assistant anager's Signature Crate APPROVED D ❑ 1 Z J _ I /,/01y Manager's Signature Date professional service approval form-part-.doc REV:December t2013 CfTY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form NOV 18 2014 PART II Finance Department Date: 11MB/2014 Project Manager: Sunny Han Requested by Name If different from Project Manager Department: Finance PARTS I & 11 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I&9 MUST BE FILED WITHALL APPROVED CONTRACTS. ' 1) Name of consultant: Rudy E. Munoz,LDM Associates, Inc. 2) Contract Number FIN aO f q— ---s -a— (Contract numbers are obtained through Finance Mministrabon x 5630) 3) Amount of this contract- $10,350 Account number Contractual Dollar Amount Business unit. object# ea estimate Year 2 estimate Year 3(estimate) 10035205.69365 $10,350 $ $ $ 1 $ 1 $ 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 -400� //1h'�� Fiscal Servlc Ma er rchasing) Date � l� kwf lep Budget Mana r Approval Signature Date 7O-..�J,44,4 &444y Il 20 /L( Director of Finance(or designee)Signature Date professional service approval form-part ii.doc REV: December/2013 Dombo, Johanna From: Han, Sunny Sent: Thursday, January 22, 2015 1109 AM To: Dombo, Johanna Subject: RE PSA Part 1 HI Johanna The PSA for the HUD reconciliation is to reconcile and"true-up" prior year HUD expenditures to the correct grant years to IDIS, which is the official reporting tool used for HOME and CDBG expenditures Hope this heipsl Sunny Han, CPA, CFE Senior Administrative Analyst Finance Department City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Phone (714)536-5907 Fax (714)374-1571 sunny hanPsurfoty-hb ore From: Dombo,Johanna Sent: Wednesday,January 21, 2015 4.39 PM To: Han, Sunny Subject: PSA Part 1 Hi Sunny, Can you please send me a brief explanation of the purpose of the PSA for"Reconciliation of HUD expenditures for IDIS to JDE" for$10,350? Thank you Jokanna Dombo Executive Assistant City of Huntington each 71+536 5575 1 Han, Sunny From: Rudy Munoz <rmunoz@mdg-ldm com> Sent: Monday, November 03,2014 4:18 PM To: Han,Sunny Subject: RE City of Huntington Beach HUD Quote Sunny, Sorry for the delay. I was out of town all last week. As for the quote originally provided, I don't see why there would any change to the original quote submitted unless the conditions noted below have changed. Best Regards, Rudy i1 � Asso[rA><tstn� From:Han,Sunny f mailto:Sunny.Han@surfclty-hb.org] Sent:Tuesday,October 28,2014 9:48 AM To:Rudy Munoz Subject:RE:City of Huntington Beach HUD Quote HI Rudyl. Hope you're doing well. We finally received approval to go forward with the HUD quote,and I was wondering If you'd be able to provide us with an updated quote that I can Include. Thank youl Sunny Han,CPA,CFE Senior Administrative Analyst Finance Department city of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Phone:(7141 S36-SO07 Fax.(714)374-IS7i sunnv.hant0surkityhb ora From:Rudy Munoz Imalitwrmunoz(ftde-Idm.coml Sent;Tuesday,July 22,2014 9:46 AM To:Han,Sunny Subject:RE:City of Huntington Beach HUD Quote 1 Sunny, We have looked at the spreadsheet that you provided as well as pulling down the PR02 report from IDIS for the City. Based on the information that is available,we estimate that it will take approximately 1.5 hours per activity to complete the reconciliation. This is based on some activities having many entries (Administration) and some having few entries(ADA Renovation Central Park). The following is a summary of the cost per program year: Program Hours Year #of Activities (@1.5/Activity) Rate Total Cost 2009/10 22 33.0 $ 75.00 $ 2,475.00 2010/11 17 25.5 $ 75.00 $ 1,912.50 2011/12 18 27.0 $ 75.00 $ 2,025.00 2012/13 18 27.0 $ 75.00 $ 2,025.00 2013/14 17 25.5 $ 75.00 $ 1,912.50 TOTALS 92 138.0 $ 75.00 $ 10,350.00 Let me know if you have any questions. Regards, Rudy M Dc LDM Assoclateb.tnc. Please consider the environment before printing this email and any attachments.This e-mall and any attachments are Intended only for the Individual or company to whom It Is addressed and may contain Information which Is privileged,conifdenffal and prohibited tram disclosure or unauthorized use under applicable taw Q you are not the Intended redpl�ent of this e-mall you are hereby notified that any use,dissemination,or copying of this e-ma11 or the lnGrmafron contained in this a ma71 is sirlclN prohibited by the sender.It you have received this transmission in error,please return the material received to the sender and delete all copies from your system From: Han, Sunny fmallta:Sunny.Han(absurfc[W-hb ffm Sent: Monday,July 21, 2014 12:16 PM To: Rudy Munoz Subject: RE: City of Huntington Beach HUD Quote Here you gol I've Includes the expenditures for both HOME and CDBG. Please let me know If you have any questions, Sunny Han,CPA,CFE Senior Administrative Analyst Finance Department City of Huntington Reach 2000 Main Street Huntington Beach,CA92648 Phone.(714)536-S907 Fax:(714)374-1571 iunnv.han0surfel"b ara 2 From:Rudy Munoz[mailtc:rmunoz(&mdg-!dm coml Sent: Monday,July 21,2014 11:42 AM To: Han,Sunny Subject:RE: City of Huntington Beach HUD Quote Sunny, Can I ask you For a favor? Would It be possible to get a digital copy of the general ledger (expenditure report) for the 2012-13 or 2013-14 PY for the CDBG program (if possible in MS Excel format)? 1 want to see how it is structured and if we can use that to develop the Excel template for the comparison with the IDIS draws. It would help me calculate the time necessary for the reconciliation proposal, The more flexible the ledger Is, the less time it will take us to reconcile. Regards, Rudy MD G n� ILDM Associates.inc— Please consider the enwrorunent before prinfing thh ema11 and any aNachments.This e-mail and any attachments are Intended only for the 1�dlvldual or company to whom Ills addressed and may contain information which Is prhrileged,confidential and prohibited from disclosure or unauthodzed use under applicable taw.n you are not the Intended re oflent of 1, s a-mall,you are hereby notified that any use,dlsseminaflon or co�ying of this e�noll or the lnfotmation coplained in this a m WI is strictly prohibited by the sender.if you have received this transmission'In error,please return the material received to the sender and delete all copies from your system. From: Han,Sunny(malito:Sunny.Han(&suffdta- .oral Sent: Monday,July 21,201410:43 AM To: Rudy Munoz Subject:City of Huntington Beach HUD Quote Hl Rudy, It was great speaking with you,here is my contact information, ` Sunny Han,CPA,CFE Senior Administrative Analyst Finance Department City of Huntington Beach 2000 Main street Huntington Beach,CA 9264E Phone:(714)536-5907 Fax:(714)374-1571 sunnv.hanrdsurfdtv-hb ore 3 rl TRANSNUTTAIL LETTER LDM Associates - Inc. To. Sunny Han, Date January 2, 2015 Senior Administrative Analyst Address- City of Huntington Beach Project: Finance Department 2000 Main Street Huntington Beach,CA 92648 We Transmit- Herewith [] Under Separate Cover Via ❑In Accordance with your Request For Your: ®Approval ❑Distribution to Parties ❑Review and Comment ❑Information ❑Use ❑Other The Following- ❑DrawmgsBlue Pnnts ❑Specifications ❑ Samples ❑Product Literature ❑Change Order ❑ Shop Drawing Reproducible ®Other. Original Date Description Code 1 01/02/15 Agreement between the City and LDM Associates, Inc for Professional Consulting Services Code: A—Action Indicated C—For Signature&Return to this Office B—No Action Necessary D—For Signature and Forward as Noted Below Under Remarks E—See Remarks Below Remarks: Copies To: Huntington Beach File By: Monica R JphTon, Finance D pt. 10722 Arrow Route, Suite 822•Rancho Cucamonga,CA 91730*Tel 909/476-6006 Fax 909/476-6086 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RUDY E. MUNOZ, LDM ASSOCIATES, INC. FOR RECONCILIATION OF HUD EXPENDITURES FROM IDIS TO JDE 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 RUDY E. MUNOZ, LDM Associates, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide a reconcilhation of HUD expenditures from IDIS to JDE; 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 Rudy E. Munoz, 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 svcs to$49 10/12 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;TWE OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 22 3 20 14 (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 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 reference into this Agreement, a fee, including all costs and expenses,not to exceed Ten Thousand, Three Hundred Fifty Dollars($10,350.00) 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 agee/surEnet/professional sves to$49 10/12 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) arismg 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 as eetsurfnet/professional svcs to$49 10/12 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/surbet/prokssional sves to$49 10/12 4of11 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 sves to$49 10/12 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. TERMNATION 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. r as edsurfnet/professional svcs to$49 10/12 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 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 Beach Rudy E. Munoz ATTN Director of Finance LDM Associates,Inc. 2000 Main Street 10722 Arrow Route, Suite 822 Huntington Beach, CA 92648 Rancho Cucamonga, CA 91780 agee/surfncYprofessional svcs to$49 10/12 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/surfaet/professional svcs to$49 10/12 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. RVMGRATION 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 as ee/sudnet/prokssional sves to S49 10/12 9 of 11 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terns 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 Terris 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 signatory or is withdrawn. 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 behalf, which are not embodied in this Agreement, and that that party has not executed this agredsurfaet/professional svcs to$49 10/12 10 of 11 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 This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of RUDY E. MUNOZ California LDM ASSOCIATES, INC. COMPANYNAME irector hief (Pursuant To HBMC T3.0 D By: print name APPROVED A ITS* (circle one)Chauman/PresidenWice President AND City Attorney �&v 1�-j�_Iq By: Da e print name r'S. (circle one)Secretary/ChiefFinancial Officer/AssL Secretary—Treasurer COUNTERPART agme/surfnetlprofessional Svcs to$49 10/12 11 Of 11 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 This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WI=OF,the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of RUDY E.MUNOZ California LDM ASSOCIA V ,.� Director hief (Pursuant To HBMC§3 0 . By: �UfJ'Y MUNOZ pant name APPROVED ITS: (circle one)Chauman/Pres►d ice President � _/ AND City Attorney AAv By. 44 2-- D pnnt n ITS: (circle one)Secretary/QhiefFinanctal Office Asst. Secretary—Treasurer COUNTERPART agmelsurfaet/professionat secs to$44 10/12 11 of 11 EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) Provide reconciliation of HUD expenditures from IDIS into ME financial softwre system B CONSULTANT'S DUTIES AND RESPONSIBILITIES- Provide a thorough reconciliation of HUD transactions from the IDIS system into the city's ME financial software system C CITY'S DUTIES AND RESPONSIBILITIES- Provide any and all documentation necessary for consultant to complete all tasks and reconciliation assignments D WORK PROGRAM/PROJECT SCHEDULE TBD EXHIBIT A EDIT u$» Payment Schedule(Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B Travel Charges for time during travel are not reimbursable C. Billing 1 All billing shall be done mo_ nthl in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs mcuaed to date for the project 3 A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement, B) Describe the services performed, C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's film 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 1 Exhibit B EXHIBIT "B'V 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. 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 biIlmgs for extra work or additional services authorized in advance and in writing by CITY shall be mvoiced 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. Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B CERTIFICATE OF INSURANCE This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Imnois ® STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven,Florida ❑ STATE FARM LLOYDS,Dallas,Texas Insures the following policyholder for the coverages indicated below. Name of policyholder LDM ASSOCIATES,INC. Address of policyholder 10722 ARROW ROUTE,SUITE 822 RANCHO CUCAMONGA CA 91730 Location of operations ANY Description of operations ALL The policies listed below have been issued to the policyholder for the policy periods shown.The Insurance described in these policies is subject to all the terms exclusions,and conditions of those policies The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE Effec POLICY PERIOD UMITS OF UABILiTY tive Date ; ExPiratton Date fat beginning of policy period 92-xV-9401-7 Comprehensive 3-24-14 03-24-15 BODILY INJURY AND - Business Liabllfty PROPERTY DAMAGE ThIs insurence includes: ❑Products-Completed Operations ----------- ®Contractual Liability ❑Underground Hazard Coverage Each Occurrence $1,000,000 ®Personal Injury ®Advertising Injury General Aggregate $2,000,000 ❑Explosion Hazard Coverage ❑Collapse Hazard Coverage Products—Completed $2,000,00o ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Data Expiration Date (Combined Single Limit) ❑Umbrella Each Occurrence $ ❑Other I Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expirafton Date (at beginning of policy period) V615923C2575E AUTOMOBILE 03-25-14 03-25-15 .71,000,000 I THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN, ADDITIONAL INSURED:CERTIFICATE HOLDER If any of the desoribed policies are canceled before Its expiration date,State Farm will try to mall a written notice to the cerfllicate holder 30 days before Name and Address of Certificate Holder cancellation. If howeve we fall to mall such notice, no obligation or Ilabl III be Imposed on State a or s agents or enta ves CITY OF Huntington Beach Finance Department Stgna of A ho►tzed R ante e Attu Sunny Ran, Sr. Admin. Analyst A 0 6/2015 2000 Main Street Date Huntington Beach,Ca. 92648 Agent's Code Stamp APPROVE®AS TO f:oRi AFo code 414 668-984 e.9 04-1090 Printed In U&A. By: eel Gates,City AttomeY (q)I C i CERTHOLDER COPY a SJ P.O. BOX 8122, PLEASANTON, CA 94588 w CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-07-2015 GROUP: POLICY NUMBER. 1799108-2014 CERTIFICATE 10; 33 CERTIFICATE EXPIRES, 08-01-2015 08-01-2014/06-01-2015 CITY OF HUNTINGTON BEACH SJ 2000 MAIN ST HUNTINGTON BEACH CA 82648-2702 This Is to certify that we have Issued a valid Workers' Compensation Insurance policy in a form apprdved by the California insurance Commissioner to the employer named below far the policy period Indicated This policy Is not subject to cancalla8on by the Fund except upon 30 days advance written notice to the employer. We will also gave you 30 days advance notice should this policy be cancelled prior to its normal explratlon. This certificate of Insurance Is not an Insurance policy and does not ;amend, extend or alter the coverage afforded by the policy listed herein. Notwlthstandlnp any requirement term or condition of any contract or other document wlIhafforded respbytthe policy descrlbedo whih this t heroin cate fIs subject to insurance allblhesterms, exclus olns,land codltfans, a Isuch policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N1600 - DAVID MEYER PRES,SEC,TRES - EXCLUDED. ENDORSEMENT f12085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE OB-01-2005 IS --- ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LOM ASSOCIATES INC OBA: LOM ASSOCIATES INC 10722 ARROW RTE STE 822 RANCHO CUCAMONGA CA 81730 [JCK,CSI IReV.7-2014I PRINTED : 01-07-2015