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HomeMy WebLinkAboutVeronica Tam & Associates, LLC - 2009-10-01 CONTRACTS SUBMITTALITFID 17 CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Veronica Tam & Associates P u rpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park CDBG and Home Programs Consulting Amount of Contract: $30,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept. F-1 to Risk Management E] , Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Nam' eYExtens& City Attorney's Office o G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF 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 Agency 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 Agency 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 REDEVELOPMENT AGENCY OF 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 by and between the Redevelopment Agency of the City of Huntington Beach, a public body of the State of California, hereinafter referred to as "AGENCY, and Veronica Tam & Associates, a California LLC hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to Advise on HUD CDBG and HUD ; and Pursuant to documentation on file in the office of the Agency 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 AGENCY 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 AGENCY during the performance of this Agreement. agree/surfnet/agency prof Svcs 50 to 100 12-07 1 of I I 2. AGENCY STAFF ASSISTANCE AGENCY 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 ck t-c)hpr 1 , 20 09 (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 one ]par 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 AGENCY 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, AGENCY 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 Thirty thousand Dollars ($ 30,000 ). 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/surfnet/agency prof svcs 50 to 100 12-07 2 of I I such work only after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY 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 AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, 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 AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/agency prof sves 50 to 100 12-07 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 AGENCY 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 AGENCY; 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 AGENCY 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 AGENCY with required proof that insurance has been procured and is in force and paid for, the AGENCY shall have the right, at the AGENCY's agree/surfnet/agency prof svcs 50 to 100 12-07 4 of 11 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 AGENCY for any work performed prior to approval of insurance by the AGENCY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel 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 AGENCY. 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. AGENCY 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/agency prof Svcs 50 to 100 12-07 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 AGENCY. 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. AGENCY 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 AGENCY 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 AGENCY, 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 AGENCY. 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/agency prof svcs 50 to 100 12-07 6 of 11 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY 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 AGENCY 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. AGENCY 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 AGENCY: TO CONSULTANT: Redevelopment Agency of the Veronica Tam City of Huntington Beach 107 S_ Fair Oaks AVPnttA, Suite 213 ATTN: i n y Stone 2000 Main Street Pasadena, CA 91105 Huntington Beach, CA 92648 (626)304-0440 agree/surfnet/agency prof Svcs 50 to 100 12-07 7 of 11 17. CONSENT When AGENCY'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/surfnettagency prof svcs 50 to 100 12-07 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. 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 AGENCY agree that AGENCY 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 Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/agency prof 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 AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials y-V. U 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's agree/surfnet/agency prof svcs 50 to 100 12-07 10 of 11 behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Agency Counsel. This Agreement shall expire when terminated as provided herein. CONSULTANT, REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a political body of the State of California COMPANY NAME By: - VC—KOV(CA 7*14 INITIATED AND APPROVED: print name ITS: (circle one)Chairm residen -ce President AND Deputy Executive Director By: . y69" c,,,, APPROVED AS TO FORM: print name ITS: (circle on ecretary C ief Financial Officer/Asst. Secretary—Treasurer �, Agency Counsel Date C21/(o /-I-) agree/surfnet/agency prof svcs 50 to 100 12-07 11 of I 1 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) • 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 five year Consolidated Plan that is the planning document for the City's use of its CDBG and HOME funds. Preparation of this document also includes creation of City-wide distributed survey(in English and Spanish) and other processes including public meetings. • 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 CAPER 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: Surfnet Exhibit A 1. Provide Access to the IDIS system through approved city staff with passwords to the IDIS system. 2. Maintain effective communications with subgrantees, collecting quarterly reports and processing payments. D. WORK PROGRAM/PROJECT SCHEDULE: • 2008/09 CAPER is to be completed by December 15, 2009. • 2010-2014 Consolidated Plan to be completed by July 1 2009; due to HUD on August 15, 2010. Surfnet Exhibit A 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 Consolidated Plan $9,000 Subrecipient Monitoring $4,000 IDIS Assistance $6,000 General Grants Assistance $2,000 Total Amount of Contract: $30,000 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 Surfnet Exhibit B EXHIBIT B Fixed Fee Payment 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 Pee Payment r ._AeOf?D TM CERTIFICATE QF LIABILITY IN URANCE Date11MMlDOD1YR) 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 Lice seW.Numb Avenue,Suite 255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: American Casually Co.ofReadna PA 20427 Veronica Tam& Associates, LLC INSURER B: Travelers Casually Insurance Co. 19046 107 S. Fair Oaks Avenue, Sure 212 INSURER C: Continental casuadty 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 MMIDDiYY DATE MMiDD/YY LIMITS A X GENERAL LIABILITY 4019903754 11/16/09 11/16/10 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $300 000 PREMISES Es.OCdurronce CLAIMS MADE X OCCUft MED EXP(ANY ONE PERSON) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGA rE $2,000,000 GENT.AGGREGATE LIMIT API>i.IES PER PRODUCTS-COMPIOPAGG) $2,000,000 ---2 PRO- € POLICY JECT LOD A AUTOMOBILE LIABILITY 4019903764 11/16/09 11/16/10 COMBINED SINGLE LIMIT ry ANY AUTO I (EaaccicIbnl) $1,000,000 3 -~ ALL OWNED AUTOS A �1)AS`r� =ORM BODILY INJURY SCHEDULED AUTOS IPer person) $ X HIRED AU705 ��i 1" GC �RAf 11,City A tt ey BODILY INJURY NON-OWNED AUTOS 11 j IPer accidont) $ (PROPERTY DAMAGE I er Accident) I $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AU'1"O OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE _ $ $ DEDUCTIBLE $ RETENTION $0 1 $ WORKERS COMPENSATION AND LIB0409T457 07/01/09 07/01/10 V I VYC SrATU- OTH- EMPLOYERS'LIABtOTY TOFFY LIMITS m B ANY PROPIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $1,000,000 - OFFICER/MEMDER EXCLUDED? EL DISEASE-POLICY LIMIT $1,000,000 If yes.dosaibo under EL DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVI SONS below C OTHER PROFESSIONAL LIABILITY MCA276199824 11/16/09 11/16/10 PER CLAIM $1,000,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERAT'iONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL 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 I Notice for Non-Pavment of Premium_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL SN♦)EAVOR-T-0-MAIL M DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BLOT-PAtWRE-TO,004 $HA" City of Huntington Beach IMPOSETNO-OBLIGATION OR.L4A61LIT-Y-OF-ANY-KIND-UPON-THE-4NSURER,aT'S-AGENiS{yR 2000 Main St. RtaP43ss4iA4TAT4VE& I-11.1111ilIgt0l) Beach,CA 92648 AUTHORIZED REPRSENTATIVF ACORD 25(2001108) ©ACORD CORPORATION 1988 VERONICA TAM &ASSOCIATES, LLC POLICY#4019903764 SB-146968-A CNA (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 MEAD IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION i Architects, Engineers and Surveyors This endorsement modif€es insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SUSiNESSOWNERS 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 architects, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional W-:agreement;-but-the -written--contract -or-written services.including: agreement must be: a. The preparing,approving,or falling to prepare 1. Currently In effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy; and reports, surveys, field orders, change orders 2. Executed prior to the 'bodily injury,* or drawings and specifications by any property damage,'or'personal and advertising injury. architect, engineer or surveyor performingservices 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 additlonal 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 5. This insurance does not apply to 'bodily injury,* written contract or written agreement. No coverage applies to liability resulting from the sole Property damage,' or 'personal and advertising I negligence of the additional Insured. Injury'arising cut of: 2. The Limits of Insurance applicable to the a• The construction or demolition work while you additional Insured are those specified in the are acting as a construction or demolition written contract or written agreement or In the contractor. This exclusion 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 LIA61LITY In addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occufrence, Declarations.' Offense, Claim or Sutt (Section E2.) 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 EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract' ($ectian soon as practicable: F.9,)within the Businessowners Liability Coverage 1, Give written notice of an occurrence or an offense Farm,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 operations hazard' unless required by the written this insurance; contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01/06) 58-146968-A (Ed.01106) 2. Tender the defense and indemnity of any claim or against tr:at"suit" If no other Insurer defends,we `cult' to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional Insureds rights against all those a. tender the defense and indemnity of any claim or other Insurers, '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, if 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 unlit we recelve (b) The total of all deductible and self4nsured written notice of a claim or 'sult' from the additional amounts under all that other insurance. Insured, We will share,the remaining loss,if any, with any D. OTHER INSURANCE (Section H. 2. A 3.) of the other Insurance that is not described In this 4 Businossownum Common Palley 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 insuranw Insurance shown in the baclaratlons of this- naming the additional insured as an insured Coverage fart. whether primary, excess, contingent or on any E. TRANSFER OF RIGHT$OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this Insurance Businessowners COmmDn Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional Insureds own coverage. This 2. Wo waive any right o1 recovery we may have insurance Is excess over any other insurance to against any person or organization against whom you which the additional Insured has been added as have agreed to waive such right of recovery in a an additional insured by endorsement, written contract or agreement because of payments 3. When this insurance Is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or R to defend the ongoing operations or 'your work' done under a additional insured against any "suit' if 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.* i� 813-146M-A Page 2 of 2 (Ed.01106) CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 1 1. Date Requested: 1/06/10 2. Contract Number to be Amended: 1 3. Department: Economic Development 4. Requested By: Sidney Stone, Housing Manager 5. Name of Consultant: Veronica Tam & Associates, LLC 6. Amount of Original/Prior Contract: $45,000 7. Additional Compensation Requested: $30,000 8. Original Commencement Date: 9/26/08 9. Original Termination Date: 9/30/09 10.Extended Date Requested: 9/30/10 11.Reason for Contract Amendment: To continue advise on HUD CDBG and HOME Programs and complete the Consolidated Plan process. 12.Are sufficient funds available to fund this contract? Yes ® No ❑ 13.Business Unit and Object Code where funds are budgeted: 85980302.69365 Department He ' nature Central Services Manager } ° CITY OF -HUNTINGTON BEACH Professional Service Approval Fora ----------- PART II Date: 1/14/2010 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 & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Veronica Tam & Associates 2) Contract Number: ECD 010C`)003 000 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 30000 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. ZX Director of Finance (or designee) Signature Date CITY OF HUNTINGTON BEACH a _ Professional Service Approval Form �x FEBµ��l9u9.pOr � PART I Date: 11/16/2009 Requested by: Sidney Stone Department: Economic Development PARTS I AND II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED AND SIGNED FOR APPROVAL. THIS FORM MUST BE FILED WITH ALL APPROVED CONTRACTS. (This section must be completed by the requesting department and signed by the City Administrator before proceeding with the solicitation or contract process.) 1) Briefly provide the purpose for the agreement: A contract with current CDBG consultant, Veronica Tam. This contract will allow our department to complete the Consolidated Plan and CDBG process. Veronica's contract has ended and our department will be issuing an RFP but we need to have a consultant in place for the next few months. 2) Estimated cost of the services being sought: $ 30,000 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 may require approval from the City Council.) ® Yes ❑ No 5) Business Unit and Object Code where funds are budgeted: 85980302.69365. 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 ill b utilized. Sidney Stone Project Manager Name Department He ignature APPROVED'V IED ❑ City Mbirninisfrator's Signature Date (VIA Director of Finance)