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Veronica Tam & Associates - 2010-06-01
A& CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE 2010JIUN 14 Pi'll %1j: 37 To: JOAN FLYNN, City Clerk Name of Contractor: Veronica Tam & Associates Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park CIDBG and Home Programs Consulting Amount of Contract: $60,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management [I Finance Dept. ❑ ORIGINAL bonds sent to Treasurer El Date: /l �/G V Name/Extension City Attorney's Office 0 12 G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VERONICA TAM & ASSOCIATES, LLC FOR CDBG AND HOME PROGRAMS CONSULTING 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 NTF`RONTC'A TAM & ASSCIC IATFS TIC FOR CDBG AND HOME PROGRAMS CONSULTING 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 VERONICA TAM & ASSOCIATEq a CALIFORNIA LIMITED LIABILITY COMPANY hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to ADVISE ON HUD CDBG AND HOME PROGRAMS ; 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 VERONICA TAM 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 50 to 100 12-07 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on MINE I , 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than MAY 31, 2013 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 SIXTY THOUSAND Dollars($ 60,000 )• 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 work only after receiving written authorization from CITY. Additional agree/surfnet/professional svcs 50 to 100 12-07 2 of 11 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 agree/surfnet/professional svcs 50 to 100 12-07 3 of 11 apply to all claims and liability regardless of whether any insurance policies are 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 agree/surfnet/professional svcs 50 to 100 12-07 4 of I I insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfnet/professional svcs 50 to 100 1 z-07 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional Svcs 50 to 100 12-07 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach VERONICA TAM ATTN: SIDNEY STONE 107 S. FAIR OAKS AVENUE, SUITE 212 2000 Main Street PASADENA, CA 91105 Huntington Beach, CA 92648 626-304-0440 agree/surfnet/professional svcs 50 to 100 12-07 7 of I I 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 to require the commission of any act agree/surfnet/professional svcs 50 to 100 12-07 8 of 11 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/professional svcs 50 to 100 12-07 9 of 11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials y•�- 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 parry's behalf, which are not embodied in this Agreement, and that agree/surfnet/professional Svcs 50 to 100 1 z-07 10 of 11 that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipa corporation of the State of y(5V--oN tru+ TA$1 A-,6)0 ASSWA--T-66 Californi COMPANY NAME By:— 7e;;f City Administrator INITIATED AND APPROVED: ��onl t cry- 7A� print name ITS: (circle one)Chai resident ice President Director/Chief A D A PROVED AS TO FORM: yC:ecyfG^ prt e ITS: (circle o Secretary/ ief Financial Officer/Asst. Secretary—Treasure City Attorney Date agree/surfnet(professional Svcs 50 to 100 12-07 11 of 11 EXHIBIT A p + Scope of Work and Methodology Scope of Work As specified in the RFP,the grants consultant is expected to perform the following: • Oversight of CDBG and HOME program compliance, including conformity with Federal requirements. We will work closely with staff to oversee the CDBG and HOME programs, ensuring the timeliness of expending the funds on eligible activities. We will work with staff to address other compliance issues, such as public outreach requirements,monitoring, and other procedural requirements, among others. • Report Writing. We will be responsible for drafting the Annual Action Plan, Consolidated Annual Performance and Evaluation Report, and Consolidated Plan for review by draft. The Consolidated Plan must include an assessment of the City's housing and community development needs and a five-year strategy to address those needs. As part of the Consolidated Plan development, the City must also undertake community outreach efforts to solicit input from the community. Our approach includes a needs assessment survey (online and prints), telephone interviews with service providers, and public meetings. We have been working with City staff to gradually migrate the City's existing documents to the CPMP format. The City's Action Plan is currently prepared in CPMP format. The new Consolidated Plan and CAPER will be prepared in CPMP. We have experience using the CPMP tool and have conducted training for Riverside County and Orange County on the use of CPMP. We have prepared these reports for many jurisdictions throughout California and our approach is to prepare draft documents that are as complete as feasible to minimize staff review time. We will package documents for ease of public review and submittal to HUD. • Subrecipient File Management, Training, Monitoring. We will utilize the expertise of contractor Brandy Adair to provide subrecipient monitoring and training services. Ms. Adair has performed monitoring for Huntington Beach for the past three years and the subrecipient training we conducted for the City in 2008 with assistance from Ms. Adair was very well received by the subrecipients. Monitoring is typically conducted annually with the following procedures: o Identify agencies to monitor o Send out initial letter to request a list of items for the monitoring o Schedule on-site monitoring o Prepare summary of findings Proposal for Consulting Services for HUD Entitlement Grant Programs Page 2 EXHIBIT B fi. 11$ d�i$�Fnu T 2 Fee Schedule We understand the consultant will perform the scope of work as directed by staff. The level of assistance required for each task may vary depending on the complexity of issues, availability of staff resources, and projects to be pursued by the City, as well as changes in HUD's program and policy directions. Given the flexible nature of scope of work, the compensation will be structured on time-and-materials basis. Based on our experience working with the City during the past three years, and the current year of increased involvement in the administration of CDBG and HOME programs,we anticipate the following budget: FY 2010-$40,000 (includes completion of the five-year Consolidated Plan) FY 2011 -$25,000 to$30,000 FY 2012-$25,000 to$30,000 These budget estimates are based on the following annual estimates on potential hours of consultant time: Potential Number of Hours Annually Tam Planners GIS/Tech Total Completion of the Consolidated Plan(FY 2010 only) 40 40 60 140 Action Plan 20 40 20 80 CAPER 10 40 20 70 IDIS 100 100 Technical Assistance 40 40 80 Estimated Total 210 160 100 470 For FY 2010, the following fee schedule applies: Veronica Tam, AICP, Principal $1051hour Kanishka Burns,Planner $80/hour Jessica Suimanjaya,Planner $80/hour Assistant Planner/GIS $60/hour Brandy Adair, Contractor $100/hour Fees will be adjusted annually according to the Consumer Price Index. Proposal for Consulting Services for HUD Entitlement Grant Programs Page 9 ACORD TM CERTIFICATE F L.IA ILITY INSU NC Date05/o/DorYR) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HEFFERNAN PROFESSIONAL PRACTICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License Number:0564249 HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1855 W.Katella Avenue,Suite 255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange,CA 92867 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Casualty Co.of Reading PA 20427 Veronica Tam &Associates, LLC INSURER B: Travelers Property Casualty Co. 25674 107 S. Fair Oaks Avenue, Suite 212 INSURER C: Continental Casualty Company 20443 Pasadena, CA 91105 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD LIMITS A X GENERAL LIABILITY 4019903754 11/16/09 11/16/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300()00 PREMISES Es.Occurrence CLAIMS MADE X OCCUR MED EXP(ANY ONE PERSON) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO) $2,000,000 PRO- POLICY JECT LOC A AUTOMOBILE LIABILITY 4019903754 11/16/09 11/16/10 COMBINED SINGLE LIMIT ANY AUTO �+ ,q (Ea accident) $1'0�0'�00 ALLOWNEDAUTOS APP -VED AS A T 1\1M1 $/� BODILY INJURY SCHEDULED AUTOS (Per Person) X HIRED AUTOS J' E cG TH CZIy `4� BODILY INJURY $ X NON-OWNED AUTOS _•r ��/���� (Per accident) PROPERTY DAMAGE $ (Per Accident) GARAGE LIABILITY AUTO ONLY—EA ACCIDENT $ ANY AUTO NSA OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE N/A AGGREGATE $ $ DEDUCTIBLE $ RETENTION$0 $ WORKERS COMPENSATION AND XJUB0409T45710 07/01/10 07/01/11 WCSTATU- OTH- EMPLOYERS'LIABILITY X TORY LIMITS ER B ANY PROPIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-POLICY LIMIT $1,000,000 If yes,describe under EL DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below G. OTHER PROFESSIONAL LIABILITY MCA276199824 11/16/09 11/16/10 PER CLAIM $1,000,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Projects as on file with the insured.City of Huntington Beach,its agents,officers and employees are named as additional insured on the general liability policy-see attached endorsement. CERTIFICATE HOLDER CANCELLATION*Ten Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL="'^_^VJQR4 ;:AIL 30-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main St. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ©ACORD CORPORATION 1988 VERONICA TAM &F ASSOCIATES, LLC POLICY#4019903754 5B-146968-A C (Ed.01/06) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY:PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE® ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SURROOATiON Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSiNESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN iNSURED (Section C.) of the 4. The Insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to `bodily injury,' 'property to include as an insured any person or organization damage,' •personal and advertising injury' arising whom you are required to add as an additional insured out of an architecfs, engineer's, or surveyors on this policy under a written contract or written rendering of or failure to render any professional -_,agreement;-but the -written--contract -_or-written services including: agreement must be: e. The preparing,approving,or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy;and reports, surreys, field orders, change orders 2. Executed prior to the 'bodily injury,' 'property or drawings and specifications any dam advertising or'personal and advertisin in architect, engineer or surveyor performing services on a project of which you serve as B. The Insurance provided to the additional insured is construction manager;or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from 'your work* for the construction manager. additional insured which is the subject of the S. This insurance does not apply to `bodily injury,` written contract or written agreement. Na coverage applies to liability resulting from the sole `property damage,' or personal and advertising negligence of the additional insured. injury'arising out of: a. The construction or demolition wank white you 2. The Limits of insurance applicable to the additional insured are those specified in the co acting as a coexclnstruction do or demolition written contract or written agreement or in the contractor. This by you does not apply to Declarations of this policy, whichever is less. work done for or by you at your premises. These Limits of Insurance are inclusive of,and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of insurance shown in the CONDITIONS-Dulles In The Event of Occurrence, Declarations.' Offense, Claim or Suft (Seaton E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended within this endorsement and section titled to add the following: LIABILITY AND MEDICAL EXPEL An additional insured under this endorsement will as DEFINITIONS - 'Insured Contract" (Sectlon soon as practicable: F.9.)within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense Form,does not apply to'bodily injury'or'property to us which may result in a claim or'suit' under damage' arising out of the `products-completed this insurance; operations hazard' unless required by the written contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01/06) 5B-146968-A (Ed.01/06) 2. Tender the defense and indemnity of any claim or against that'suit" If no other insurer defends,we 'sulf to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those a. Tender the defense and Indemnityof other insurers, any claim or `suit to any other insurer which also has When this insurance is excess over other Insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part;and amount of the loss, 9 any,that exceeds the sum 4. Agree to make available any other insurance of: which the additional Insured has for a loss we (a) The total amount that all such other Insurance cover under this Coverage Part. would pay for the loss In the absence of this We have no duty to defend or Indemnity an additional insurance;and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or"suit' from the additional amounts under all that other insurance. Insured. We will share the remaining loss,if any,with any 0. OTHER INSURANCE (Section H. 2. A 3.) of the other insurance that is not described In this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance Is excess over any other insurance Insurance shown in the Declarations of this- Coverage Part naming The additional Insured as an insured whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following. to the additional insured's own coverage. This insurance is excess over any other insurance to 2. We waive any right of recovery we may have against a which the additional insured has been added as any person or organization against whom you an additional insured by endorsement, have agreed to waive such right of recovery in a written contract or agreement because of payments S. When this insurance Is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or your work' done under a additional insured against any `suit ff any other contract with that person or organization and included insurer has a duty to defend the additional insured within the products-completed operations hazard.' E Z SM 1� r SB-148968 A Page 2 of 2 (Ed.01/06) " CITY OF HUNTINGT N BEACH Professional Service Approval Form PART II Date: 6/1/2010 Project Manager: Sidney Stone Requested by Name if different from Project Manager: Department: Economic Development PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Veronica Tam &Associates 2) Contract Number: ECD 010 036 00 (Contract numbers are obtained through Finance Administration)- - 3) Amount of the contract: $ 60,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals,, requested from at least three available qualified consultants? ® Yes ❑ 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. Director of Finance (or desi nee) Signature Date RFP Solicitations HUD Entitlement Grant Programs CDBG and HOME March 2010 Ameri National Community Services Veronica Tam &Associates Amber Amundson Veronica Tam, Principal 3137 Achey Drive 46 Alta Street, Unit A Enterprise, AL 36330 Arcadia, CA 91006 PH (866) 244-5750 X 1422 626-818-9488 FAX (562) 927-2362 (LA area-Downey) Veronica.Tam@vtaplanning.com Email: aamundson a,amerinational.net Comprehensive Housing Services Gayle Bloomingdale 8840 Warner Ave. 4203 Fountain Valley, CA 92708 PH (714) 841-6610 FAX (714) 841-4341 Email: gaylebgcomphouse.net GRC Associates,Inc.* John Oshima, President 858 Oak Park Rd., Ste. 280 Covina, CA 91724 PH (626) 331-6373 FAX (626) 331-6375 Email:joshimo i�grcassoc.com Mr. Mike Linares P.O. Box 3913 San Clemente, CA 714-608-7263 mike a,mlinaresinc.com MDG Associates Inc. Rudy E. Munoz, President 10722 Arrow Route, Ste. 822 Rancho Cucamonga, CA 91730 909-476-9696 909-476-6086 Fax rmunoz@mdg-ldm.com Willdan Albert V. Warot, Vice President 13191 Crossroads Parkway North, Ste. 405 Industry, CA 91746-3497 562-908-6200 awarot@willdan.com (( 1 CITY OF HUNTIN TON BEACH Professional Service Approval Form PART i Date: 2/18/2010 Project Manager Name: Sidney Stone Requested by Name if different from Project Manager: Department: Economic Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: CDBG & Home general assistance and program compliance 2) Estimated cost of the services being sought: $ 60,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit and Object Code where funds are budgeted: 86080302.69365. C4-Z c. 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08— Contract Limits of $30,000 or less exempt procedure will be utilized. D artment Head Signature Date v APPROVED NI D ❑ City Admf s a is Signature Date Director of Finance's Initials Deputy City Administrator's Initials Date 2, p Date