HomeMy WebLinkAboutVeronica Tam & Associates, LLC - 2008-09-26 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 Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VERONICA TAM AND ASSOCIATES, LLC
FOR
CDBG AND HOME PROGRAMS CONSULTING
THIS AGREEMENT ("Agreement") is made and entered into this 26TH day of
SEPTEMBER 20 08 , by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
VERONICA TAM &ASSOCIATES 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.
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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 as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on SEPTEMBER 30, 2009 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than ONE YEAR from the Commencement 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
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing 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 specified in
Exhibit "lB," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
FORTY-FIVE THOUSAND Dollars ($ 45,000 ).
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
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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 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
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approve selection of CONSULTANT's counsel. This indemnity shall 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, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
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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. shall 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.
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
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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.
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.
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach VERONICA TAM
ATTN: CAROL RUNZEL 107 S. Fair Oaks Avenue, Suite 213
2000 Main Street
Huntington Beach, CA 92648 Pasadena, CA 91105
(626) 304-0440
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.
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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
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
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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.
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,
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each parry shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non-prevailing 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. 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 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 supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/1510 1-A 10
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,
VERONICA TAM &ASSOCIATES, LLC a municipal corporation of the State of California
Director of
By' -' (Pursuant To HP 3.03.100)
1(e,ra ,co.
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ITS: (circle one)ChairmaiQres�ice President APPROVED AS TO FORM:
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City Att ey
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V�rau c TGL�. REVIEWED AND APPROVED:
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ITS: (circle one' ecret /Chief Financial Officer/Asst.
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City Administrator.,,
(only for contracts$50,000.00 and over)
agree/forms/profsery 10/15/01-A 11
EXHIBIT "A"
A. STATEMENT OF WORD:
• General grants assistance including: program strategy; determination of eligibility;
staff training (e.g. IDIS); environmental clearance; research; and coordination with
HUD, as well as other tasks as directed by City staff.
® Preparation of the Annual action Plan to describe the planned uses of annual
program allocations and the relationship between proposed activities and goals and
objectives of the five year Consolidated Plan. The action Plan is due 45 days before
the beginning of the program year.
• Preparation of the Consolidated Annual Performance Evaluation Report (CAPER)to
describe accomplishments under the CDBG and HOME programs during the
previous program year and progress in implementing the goals and objectives of the
five-year Consolidated Plan. The CPAPER is due 90 days after the close of the
program year.
• Sub-recipient file management, program monitoring and training.
® Integrated Disbursement and Information System (IDIS) project and activity setup,
maintenance, and close-out functions and IDIS report preparation.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
See Scope of Work.
C. CITY'S DUTIES AND RESPONSIBILITIES:
Provide access to the IDIS system through approved city staff with passwords to the
IDIS system.
Maintain effective communications with subgrantees, collecting quarterly reports
and processing payments.
D. WORD PROGRAM/PROJECT SCHEDULE:
® 2007/08 CAPER is to be completed by December 11, 2008
® 2009/10 Action Plan to be completed by July 1, 2009 (30 day public review
commences on July 2); due to HUD on August 15, 2009.
jmp/contracts group/exA/10/20/08
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
Veronica Tam $100 per hour
Planners $80 per hour
---------------------------------------------------------------------------------------------------------------------------
CAPER 9,000
Action Plan 9,000
Subrecipient Monitoring/Training 4,000
IDIS Assistance 18,000
General Grants Assistance 5,000
TOTAL $45,000
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
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ACOR N CERTIFICATE 1 IFICATE F LIABILITY INSURANCE 09/30108DYYY Y)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Brokers,Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2030 Main Street,Suite 350
Irvine,CA 92614-7248 INSURERS AFFORDING COVERAGE NAIC#
INSURED A w$URERA. American Casualty Co of Reading,PA 25682
VERONICA TAM ASSOCIATES, INSURER B: Travelers Indemnity Company of CT 20443
107 S.Fair Oaks Avenue,Suite 212 INSURERC: Continental Casualty Company
Pasadena, CA 91105 INSURERD:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IffmKIM LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EI(NPI RATION
yY1 LIMITS
A GENERAL LIABILITY B2084529924 11/16/07 11(16/08 EACH OCCURRENCE $1000000
X COMMERCIAL GENERAL LIABILITY OAMAGE TO RENTED $1 OO OOO
CLAIMS MADE ®OCCUR MED EXP(Any one person) $10 000
PERSONAL&ADV INJURY $1 000000
GENERAL AGGREGATE s2,000,900
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000
t POLICY PRO; LOG
A AUTOMOBILE LIABILITY 82084529924 11/16/07 11116/08 COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea acddent)
ALL OWNED AUTO$ BODILY INJURY S
SCHEDULED AUTOS (Par person)
X HIRED AUTOS BODILY INJURY
b
X NON-OWNED AUTOS (Peraoddent)
PROPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGO S
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
I OCCUR 71 CLAIMS MADE AGGREGATE S
b
i DEDUCTIBLE S
RETENTION b $
B WORKERS COMPENSATION AND UB0409T457 07/01/08 07101/09 X wC I-IMIT ER
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 51 OOO OOO
ANY
RDEECUTIVE
FF10ER/MEME EXCLUDED? E.L.DISEASE-EA EMPLOYEE 51,000 000
If dosaiba under
S IAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1 O0O 000
PEC
C OTHER
Professional MCA276199824 11116/07 11/16/08 $1,000,000 Per Claim
Liability $1,000,000Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ALL OPERATIONS.GENERAL LIABILITY: CITY OF HUNTINGTON BEACH,ITS AGENTS,
OFFICERS AND EMPLOYEES ARE NAMED AS ADDTN INSRD PER ENDT ATTACHED. %PPR® IJD `TO FORM
4
0ENNIFER McGRATH,City A-ttnri
i0
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF HUNITINGTON BEACH DATE THEREOF,TItE ISSUING INSURER WILL R=flfMMft MAIL _'10_ DAYS WRITTEN
2000 MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,j=
Huntington Beach,CA 92648
AUTHORIZED REPRESENTATIVE
ACORD 25{2001108)1 of 2 #5444893/M443953 CCL 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement. A statement on this certificate does not Confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
i
i
s
i
ACORD 25S(2001108) 2 of 2 #S444893/M443953
CAfA POLICY NO: J32094529914 SB-14693
(Ed.03/06)06)
THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NON-CONTRACTORS BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSfNESSOWNERS LFABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional Insured on any other'endorsement now or hereafter attached to this Coverage Part,
1. ADDITIONAL INSURED—BLANKET VENDORS • . h. 'Bodily injury° or 'property damage'
WHO iS AN INSURED is amended to Include as an arising out of-the sole negligence of the
additional insured any person or organization (referred vendor for Its own acts or omission or
to below as vendor)with whom you agreed, because those of Its employees or anyone else
of a written .contract or agreement to provide acting on its behalf. However., this
insurance, but only with respect to 'bodily Injury' or exclusion does not apply to:
°property+damage"arising out of'your products'which (1) The exceptions contained in
are distributed or sold in the regular course of the Subparagraphs d,or I.;or
vendor's business, subject to.the following additional
exclusions: (2) Such Inspections, adjustments, tests
or servicing as the vendor has
I. The insurance afforded the vendor does not agreed to make or normally
apply to: undertakes to make In the .usual
course busIrm,
a. "Bodily Injury' or 'property damage' for with theodistribution orn sale of connection salewhich the vendor is obligated to pay products;
damages by reason of the assumption of
liability in a contract or agreement. This 2. This insurance does not apply to any insured
exclusion does not apply to liability for person or organization, from whom you have
damages that the vendor would have in acquired such products, or any Ingredient,
the absence of the contract or agreement; part or container, entering Into, accompanying
b. Any express warranty unauthorized by
or containing such products.
you; .3. ' This provision 2.does not apply to any vendor
c. Any physical or chemical change in the Included as an insured by an endorsement
iss red by us and mada a part of this
product made inten.ilonally by the vendor; Coverage part.
d. Repackaging, except when unpacked
solely' for the purpose of Inspection, 4• This provision a: does not°apply 14 'bodily
demonstration, testing, or the substitution injury or property damage included within
� the'products-completed operations hazard" Is
of parts under instructions from the excluded either by the provisions of the
manufacturer,and then repackaged In the Coverage Part or by endorsement.
$ original container;
e. Any failure to .make such Inspections, 2. WSCELLANEOUS ADDITIONAL INSUREDS
adjustments, tests or servicing as the WHO IS AN INSURED is amended to include as an
vendor has agreed to make.or normally Insured any person or organization (called addltional
undertakes to make in the usual course of insured) described in paragraphs S.a. through 3.h.
business, • in, connection ' with the below whom you are required to add as an additional
distribution or sale of the products; insured on this policy under a written contract or
4. Demonstration, Installation, servicing or agreement but the written contract or agreement must
be:
repair operations,except such operations
performed at the vendor's premises in 1. Currently In effect or becoming effective
connection with the sale of the product; during the term of this policy;and
g. Products which, after distribution or safe 2. Executed prior to the 'bodily injury,' *property
MM
by you,have boon labeled or relabeled or damage" or 'personal and advertising Injury,"
used as a container, part or ingredient of but .
any other thing or substance by or for the Only the following persons or organizations are
vendor;or additional Insureds under this endorsement and
SS-146932-B Paaa 9 of 3
rFd nsmsr
i S8-146932-B
(Ed.03/06)
coverage provided to such additional Insureds is entrances,coat holes, driveways,
limited as-provided-herein: iaanholes,_marquees,.hoisiaway
a. Additional Insured—Your(Mork openings, sidewalk vaults, street
banners, or decorations and
That person or organization for whom you similar exposures;or
do work Is an additlonal insured solely for
liability due to your negligence.specifically (b) The construction, erection, or
resulting from your work for the additional removal of elevaibrs;or
insured which is the subject of the written (2) This Insurance applies only with
contract or written agreement. No respect to operations'performed by
coverage applies to liability resulting from you or on your behalf for which the
the sole negligence .of the additional state or political subdivision has
Insured. issued a permit,
The insurance provided to the additional This insurance does not apply to °bodily
insured is limited as follows:_ injury,' 'property.damage' or 'personal
(1) .The Limits of Insurance applicable to and advertising injury' arising out of
the additional 'Insured are those operations performed for the state or
specified In the written contract or municipality.
written agreement or In the c. Controlling Interest
Declarations of this policy,whichever
Is less. These Limits of Insurance are Any persons or organizations with a
inclusive of, and not in.addition to, controlling interest In you but only with
the Limits of insurance shown in the respect to their liability arising out of:
Declarations. (1) Their financial control of you;or
(2) The coverage provided to the (2) Premises they own, maintain or
additional insured by this control while you lease or occupy
endorsement and paragraph F.O. of. these premises,
the definition of 'insured contract'
under . Liability and Medical This insurance does riot apply to
Expenses Definitions do riot apply structural alterations, new construction
to 'bodily injury' or 'property and demolition operations performed by.
damage' arising out of the 'products- or for such additional Insured.
completed operations hazard' unless d. Managers or Lessors of Premises
required by the written contract or
wrltten agreement. A nanager or lessor of premises but only
3 The insurance provided to the with respect to liability arising oat of the
( ) P ownership, maintenance or use of that
additional ,Insured does not apply to specific part of-the premises leased to
'bodily.injury,' 'property damage,' or you and subject to the following additional
'personal and advertising injury' exclusions:
arising out of the rendering or failure
to render any professional services. This insurance does not apply to:
b. State or Political Subdivisions (1) Any 'occurrence' which after you cease to be a tenant in that.takes place
A state or political subdivision subject to .premises;or
the following provisions:
(2) Structural, alterations, new
(1) This insurance applies only with construction or demolition operations
respect to the following hazards for. performed by or on behalf of such
which - the state or political additional insured.
subdivision has Issued a permit in
connection with premises.you own, e. Mortgagee,Assignee or Receiver
rent, or control and to which this . A mortgagee, assignee or receiver but
insurance applies: only with respect to their liability as
(a)-The existence, maintenance, mortgages, assignee, or receiver and
repair, construction, erection, or arising out of the ownership,
removal of advertising signs, maintenance, or use of a premises by
awnings, canopies, cellar you.
SB-146932-8 Page 2 of 3
(Ed,03106)
I SB-146932-B
(Ed. 03f06)
This insurance does not apply to or organization. A person's or
strllLlSits't(.�Iter3tlQ11;i.,119�d�QIlSjtu�il.4Lt n7.. .. _... -4.[g�nl�t411's..�La_t�s.a�aA itl;;pted under
demolition operations performed by or for this endorsement ends when their written
such additional insured. contract or agreement with you for such
f. OwnerslOther Interests — Land Is leased equipment ends.
Leased With respect to the insurance afforded
An.owner or other interest from whom thesa ddditlortal 1nsufa&, The foitowing
land has been leased by you but only addlfioriai exclusions apply:
with respect to liability arising out of the This insurance does not apply:
_ ownership, maintenance or use of that
specific part of.the land leased to you and (1) any 'occurrence' which takes
pl
subject to the following additional place after the equipment lease
exclusions: expires;or
This insurance does not apply to: . (2) To "bodily injury,` "property damage"
or "personal and, advertising injury"
(1) Any 'occurrence' which takes place arising out of the sole negligence of
after you cease to lease that land;or such additional insured.
(2) Structural alterations, new Any insurance provided to an additional insured
construction or demolition operations designated under paragraphs a:through h. above
performed by or on behalf of. such does not apply to 'bodily injury" or "property
additional insured, damage" included within the "products-completed
g.. Co-owner of Insured Premises operations hazard."
A co-owner of a premises co-owned by 3. The following is added to Paragraph H. of the
you and covered under this Insurance but BUSINESSOWNERS . COMMON !POLICY
only with respect to the co-owners liability
CONDITIONS:
as co-owner of such premises. H. Other Insurance
h. Lessor of.Equipment 4. This insurance is excess over any other
Any person or organization from whom Insurance naming the additional insured as an
you lease equipment. Such person or insured whether primary, excess, contingent or
organization are insureds only with on any other basis unless a written contract or
respect to their liability arising out of the written agreement specifically requires that this
maintenance, operation or use by you of Insurance be either primary or primary and
equipment leased to you by such person noncontributing.
SB-146932-8 pap.3 of 3
(Ed. 03106)
CITY OF HUNTINGTON BEACH
Professional Service Contracts
F .per: Purchasing Certification
,1
1. Date: 10/14/2008 2. Contract Number: ECD OOX a T20 U
3. Department: Economic Development 4. Requested by: Carol Runzel
5. Name of consultant: Veronica Tam &Associates
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Attached/
7. Amount of the contract: $45,000
8. Are sufficient funds available to fund this contract?' 0 Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 85980302.69365
11. Is this contract less than $50,000? ®Yes ❑ No
12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
13. Is this contract over$100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
®Yes ❑ No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached
16. Attach proposed scope of work.
Attached
17. Attach proposed payment schedule.
Attached
5ZP.4CHAADAMADRIL
Q�
bt�partment Head ignature
Central Services Manager
1. If the answer to this question is"No," the contract will require approval from the City Council.
IMP Solicitations
HUD Entitlement Grant Programs
CDBG and HOME
June2006
Mr. Mike Linares
P.O. Box 3913
San Clemente, CA
mike@mlinaresinc.com
(714) 608-72-63
MDG Associates Inc.
10722 Arrow Route, Ste 822
Rancho Cucamonga, CA 91730
(909) 476-9696
Wildan
13191 Crossroads Parkway North, Ste 405
Industry, CA 91746-3497
(562) 908-6200
Veronica Tam &Associates/
EDAW
46 Alta Street, Unit A
Arcadia, CA 91006