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HomeMy WebLinkAboutBriggs, Mark & Associates, Inc. - 1997-10-20• CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: /VOye7"het- Z��/ %97' City, State, Zip See Attached Action Agenda Item 'Z -/0 ATTENTION: Myxx !B-elC'&S DEPARTMENT: /OX,6�5 11LE-AI REGARDING: QSECr/a✓ 1-0,F AXIIG'Y r/D/KS Date of Approval�9' 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. �w Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement Bonds Insurance RCA Deed Other Remarks: 4e7l dn/ 2��� CC: , &V14'31ra-s ✓ —Z —� Name Department (�A�OL J��J/Vz� L ,tee. ,�,� v. RCA ✓ Agreemen , Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other / Risk Management Department Insurance Copy ✓ G:Follouup/agrmts/transltr (Telephone: 714-536-5227 ) (8) • 10/20/97 - CouncillIency Agenda - Page 8 E-10. (City Council) Approve The Professional Services Contract With Mark Briaas & Associates Inc. To Prepare Two Section 108 Applications - Department Of Housing And Urban Development (CDBG) - Approve Insurance Waiver - (600.10) Approve and authorize execution by the Mayor and City Clerk of the Professional Services Contract between the City of Huntington Beach and Mark Briggs and Associates, Inc. to Prepare Section 108 Loan Applications which incorporates a waiver of professional liability insurance requirements for the preparation of two Section 108 loan applications for an amount not to exceed $15,000 Submitted by the Economic Development Director (Projects must meet one of the CDBG national objectives: 1. Assist low income persons; 2. Eliminate blight, and/or 3. meet a particular urgent community development need.) [Approved -- 7-0] E-11. (City Council) Waterfront Development - Professional Planning And Engineering Services Reimbursement Agreement Between The City And Robert L. Mayer Trust Of 1982 As Amended - (600.30) 1. Approve and authorize execution by the Mayor and City Clerk of the Reimbursement Agreement for Professional Planning and Engineering Services between the City and The Robert L. Mayer Trust of 1982 and Dated June 22, 1982 as Amended, as prepared by the City Attorney, not to exceed $120,000, for a term of one year; and 2. Accept the initial payment of $60,000 to cover professional planning and engineering services retroactive to May, 1997, to cover the first six months of the entitlement processing. Submitted by the Community Development Director and the Public Works Director [Approved -- 7-0] E-12. (City Council) Approval Of Employment Agreement Between The City And Ramon R. Silver To Serve As The Acting City Administrator Of Huntington Beach (600.10) - Approve the Employment Agreement between the City of Huntington Beach and Ramon R. Silver to serve as the Acting City Administrator until a permanent appointment is made. Submitted by the City Administrator [Approved -- 7-01 E-13. (City Council) Appointment Of Student Representatives To The Huntington Beach Human Relations Task Force Committee - Kris Georaeson - Jenny Huang - Meyer Rank - Ryan Merlo - Duc T. Dana - Alicia Lanz - Jessica Antonucciio & - Tom Church - (110.20) Appoint the following Student Representatives to serve on the Huntington Beach Human Relations Task Force Committee for a period of one year beginning September 1, 1997 and extending to August 31, 1998. Kris Georgeson, (Edison); Jenny Huang, (Fountain Valley); Megan Rank, (Huntington Beach); Ryan Merlo, (Marina); Duc T. Dang, (Oceanview); Alicia Lanz, (Westminster); Jessica Antonucciio, (Golden West College); and Tom Church, (Valley Vista High School). Submitted by the Deputy City Administrator -Public Information Officer [Approved -- 7-0] E-14. (City Council) Appoint Acting City Administrator To Metro Cities Fire Authority Board - Effective November 1. 1997 - (600.40) Appoint Ray Silver, Acting City Administrator, as Huntington Beach's Metro Cities Fire Authority Board Member replacing Michael T. Uberuaga, effective November 1, 1997. Submitted by the Fire Chief [Approved -- 7-0] (8) Council/Agency Meeting Held: io/.U.J99 Deferred/Continued to: 19'�Aproved .❑ Conditionally Approved ❑ Denied yy� Qyu&-5� City Clerk's Signature Council Meeting Date: October 20, 1997 Department ID Number: ED-97-42 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorQ4P PREPARED BY: DAVID C. BIGGS, Director of Economic Development 00 SUBJECT: Approve the Contract with Mark Briggs & Associates to Prepare Two Section 108 Applications Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Mark Briggs & Associates is a professional consultant highly qualified to assist the City in preparing two Section 108 loan applications. Professional services contracts over $10,000 require City Council approval. Funding Source: Community Development Block Grant funds, E-HR-ED-894-3-90-00. Recommended Action: Motion to: Approve and authorize the execution by the Mayor and City Clerk of the professional services contract between the City of Huntington Beach and Mark Briggs & Associates, which incorporates a waiver of professional liability insurance requirements, for the preparation of two Section 108 loan applications for an amount not to exceed $15,000. Alternative Action(s): None Analysis: The Department of Housing and Urban Development offers a loan program known as Section 108 to cities participating in the Community Development Block Grant (CDBG) program. Up to five times the City's last CDBG grant can be borrowed through Section 108 for eligible activities. Projects must also meet one of the national objectives of the CDBG program: 1) assist low income persons, 2) eliminate blight, and/or 3) meet a particular urgent community development need. Seventy percent of the funds spent in one year must address the needs of low-income persons. M NJ " I t 1 130 Si,ugili Ail OBA1303P R�QUEST FOR COUNCIL ACTS MEETING DATE: October 20, 1997 DEPARTMENT ID NUMBER: ED-97-42 In January 1997, a request for proposals was issued to conduct an CDBG eligibility assessment of the City Gym and Pool renovation project. And, if the project was eligible, then; -prepare the Section 108 application. Mark Briggs & Associates was selected and conducted the assessment and determined that the City Gym and Pool project is eligible as a "spot blight" project. Through the assessment phase, the consultant showed that an application for the City Gym and Pool project alone would not be feasible, as spending in this category would exceed CDBG regulatory limits for the CDBG program. In Attachment 1., Mark Briggs and Associates recommends a strategy for applying for funds for two projects simultaneously. The second project would address the creation of jobs for low-income persons. As HUD is encouraging the city to use CDBG for economic development, redevelopment projects that would create jobs is recommended. In the contract for professional. services (Attachment 2), Mark Briggs & Associates will prepare two separate Section 108 loan applications at a cost of $1-5,000. On June 5, 1997, the Settlement Committee approved a waiver of the professional liability insurance and the 10 day notice requirements (Attachment 3). Before submitting the Section 108 applications to HUD, a public hearing will be held by the Citizen Participation Advisory Board and City Council would need to approve the loan application. If the Section 108 loan application is approved, it will result in a significant change in the Consolidated Plan. Environmental Status: None Attachment(s): Mark Briggs & Associates Correspondence, dated July 30, 1997 2. 1 Contract between the City of Huntington Beach and Mark Briggs and Associates 3. Settlement Committee Insurance Waiver. dated May 20. 1997 RCA Author: Runzel RCA9742.DOC -2- 10/07/97 8:48 AM Mark Briggs & Associates Correspondence, dated June 30, 1997 • • Bg§k July 30, 1997 Ms. Carol A. Runzel Assistant Project Manager Department of Economic Development CITY OF HUNTINGTON BEACH 200 Main Street Huntington Beach, California 92648 RE: Strategy for Section 108 Funding for City Gym and Pool Facility and the Waterfront Acquisition Activities Dear Carol: Three meetings have occurred to further refine the analysis for the use of Section 108 funds and a strategy to secure the needed $2,000,000 in a single year for the renovation of the City Gym and Pool Facility. The purpose of our meeting on June 25 was to discuss the project and the improvements to be carried out at the City Gym and Pool Facility, as well as discuss means by which the improvements could be carried out in as a single phase, rather than over a series of years. We offered some preliminary approaches, which have been given further analysis and we have been discussed with the Section 108 staff at HUD Headquarters in Washington, D. C. • The meeting on July 7 evaluated various projects that could be funded in whole or in part by Section 108 funds which would generate revenues for repayment from other than the CDBG program. On July 29, David Biggs and the development team met with the City Manager to outline how the Section 108 program could both fund the City Gym and Pool Facility and move forward the Waterfront Project by infusing funds in the near term instead over a longer period of time. 1. Eligibility and Meeting Tests for Low and Moderate Income Benefit The issues arise out of the fact that it has been concluded that the project has city-wide use as defined under the HUD Community Development Block Grant (CDBG) regulations. The demographics will not support that the city-wide population meets the low and moderate income levels. CDBG regulations further state that no more than 30% of the City's annual CDBG funds can be used for projects that do not benefit low - moderate income persons. The measurement of the CDBG related funds includes both the MARK BRIGGS & ASSOCIATES, INC.- / 505 N. Tustin Avenue, Suite 115, Santa Ana, California 92705 (714) 550-0390 • FAX (714) 972-8321 PROVIDING SERVICE TO THE PUBLIC AND PRIVATE SECTORS SINCE 1974 Ms. Carol A. Runzel July 30, 1997 Page 2 • Is annual CDBG allocation of $1,732,000 and any Section 108 funds allocated that year. If the cost for the City Gym and Pool Facility are $2,000,000 then the combined annual CDBG funding would be $3,732,000, when the Section 108 amount is added. With the $2,000,000, renovation costs spent in a single year, the amount of funding not benefiting low -moderate income persons would be 54%, which exceeds the 30% allowed level. The Gym and Pool Facility is an eligible CDBG activity under the regulations, if the restriction can be met that no more than 30% of the funds can be used for projects not benefiting low -moderate income persons. It is an eligible activity under "public facilities and improvements". Further, the conditions of the building, with the need to bring it to current health and safely standards, allows the project to be carried out under the National Objective of "spot blight" provisions of the regulations. We have received from your architect the details supporting the "spot blight" analysis. 2. Phased Renovation of the Gym and Pool Facility One alternative would be to fund the renovation activities over a three year period, utilizing about $666,667 in Section 108 funds each year. That separation of the funding over three years does keep the amount utilized for non- low/mod income persons under 30% as shown below: Year I Year 2 Year 3 Annual CDBG Allocation $1,732,000 $1,732,000 $1,732,000 Section 108 for Gym/Pool 666,667 666,667 666,667 Total HUD Funds $2,398,667 $2,398,667 $3,398,667 Percent Non- Low/Mod Benefit 27.8% 27.8% 27.8% We have discussed with the HUD Headquarters staff in Washington, D.C., a three year draw down of a single $2,000,000 Section 108. We were informed that they have never allowed a draw down over three years. That leaves requesting three separate Section 108 loans of $666,667 over three years. While that approach is possible, it might cause some problems on how the three separate loans were being secured. The more practical problems is one of carrying out the renovation over three years, with the on -going disruption to the building. • E Ms. Carol A. Runzel July 30, 1997 Page 3 3. Section 108 Funding at a Level to Meet the Ceiling in a Single Year The other alternative would be to fund the $2,000,000 Gym and Pool Facility and an additional Section 108 loan for redevelopment activities at a level that would meet the 30% ceiling. It is assumed that 100% of the redevelopment activities would meet the low/mod income test, by creating new jobs, of which 5 1 % would be for low and moderate income workers. Under this analysis, the total Section 108 Loan request would be for at least $5,000,000, as summarized below: Year 1 Annual CDBG Allocation $1,732,000 Section 108 for Gym/Pool 2,000,000 Section 108 for redevelopment activities 3,000,000 Total HUD Funds $6,732,000 Percent Non- Low/Mod Benefit 29.7% 4. Potential Projects for Additional Section 108 Funds A series of projects were discussed, but the focus was on the Waterfront Project. That project will need a substantial infusion of public funds, and the Section 108 funds can be used instead of some of the other funding programs being considered. It is anticipated that the re -negotiation of the DDA will result in annual payments for easements, land leases and other revenues that could be pledged to repay the Section 108 loan without requiring any annual CDBG funds. We discussed whether the Section 108 amount sought should be the maximum available to the City, or about $8.66, million which is five times the City's annual CDBG allocation of $1.732 million. If the $2 million needed for the Gym and Pool Facility is deducted, that would leave $6.66 million for use with the Waterfront Project. 5. Section 108 Annual Repayment Amounts At David Biggs' direction we are providing what the annual debt service is should the City decide to pursue both the City Gym and Pool Facility and the maximum remaining amount for the Waterfront Project. The last public offering by HUD was in June 1996 and the average interest rate on 20 year bonds was 6.93%. When the amortization of the principal is added the constant is 9.39%. We are told HUD will have another public offering in October or November and we will adjust the estimates after we see the interest rates on Ms. Carol A. Runzel July 30, 1997 Page 4 those bonds. Your Section 108 funds would come from a public offering in 1998 so we cannot predict what those rates would be. We do know that any interim funds, provided to you prior to being replaced with permanent notes at the public offering, will be at 20 basis points over 6 month LIBOR. The following would be the annual debt service for two Section 108 amounts for the City Gym and Pool Facility and the Waterfront Project, again using the rates from the last public offering with full amortization of principal and interest over 20 years. Section 108 Repayment Project Amount Over 20 Years City Gym and Pool $2,000,000 $187,800 Waterfront Project $6,500,000 $610,350 The repayment of the two Section 108 amounts would be separate. It is assumed the $187,800 for the City Gym and Pool Facility would corne from the annual CDBG allocation and the $610,350 would come from project revenues, such as lease payments, easement payments, tax increment or transient occupancy taxes. 6. Time of Submittal and Receipt of Section 108 Funds It is our estimate, based on the number of Section 108 applications were are working on that are reviewed by the Los Angeles HUD office, that we should assume a six to eight month period from the beginning of the drafting of the applications through the approval for funding by HUD in Washington, D.C. The process requires review by the City's Citizen Participation Advisory Board (CPAB). The Section 108 applications cannot be submitted unless the projects are included in the City's CDBG Consolidated Plan. Therefore, one of the actions is to have the CPAB take action recommending the amendment to the current year's Action Plan. The City Council then holds a public hearing on the amendment and the Section 108 applications. We would prepare the notices and required actions for the City Council. The applications then go to the Los Angeles HUD office and then on to HUD Washington, D.C. for final approval. With approval by HUD, the City will receive a one page Funding Approval/Agreement form that commits HUD to the Section 108 funding if the City meets certain conditions. Those include that the City request the draw down of the initial funds within one year. Assuming the funding approval occurs in early 1998, that would allow the City to Ms. Carol A. Runzel July 30, 1997 Page 5 • E determine, any time over the following year, when to request the funding. Should for some reason the City decide not to proceed on either project, they need only inform HUD that they do not intend to draw down the funds and HUD will de -obligate the funds, with no penalty or cost to the City. In our discussions with HUD we asked whether the two projects could be in a single Section 108 Loan request. The response was that it would depend on the security for the loan. If the land at the Gym and Pool Facility is the security for the $2,000,000 renovation and the funds for redevelopment activities are secured by the Redevelopment Agency from its resources, then there would probably need to be two requests. We are assuming we will need to proceed with two applications for Section 108 funds. It is our experience that Redevelopment Agencies can be the recipient of the Section 108 funds for that loan. The Section 108 award is made to the City, but through a Cooperation and Pledge Agreement, the funds can be transferred to the Agency and the Agency would actually execute the notes and pledge the repayment and security for the Section 108 loan. The agreement would identify the easement and land lease payments as the source of the Section 108 loan repayment. On the basis of the three meetings regarding the projects and Section 108 funding, this letter provides our analysis to date, of how to address the funding needs for the Gym and Pool Facility with a strategy having the funds provided in a single year. Sincerely, Mark E. Briggs President MEB:ee hntbeachlrecfae'vlmze13 • • Consultant Contract 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK BRIGGS AND ASSOCIATES, INC. TO PREPARE SECTION 108 LOAN APPLICATIONS Table of Contents . WorkStatement........................................................................................................1 CityStaff Assistance.................................................................................................2 Time of Performance................................................................................................2 Compensation...........................................................................................................2 ExtraWork................................................................................................................2 Methodof Payment...................................................................................................3 Disposition of Plans, Estimates and Other Documents............................................4 Indemnification and Hold Harmless.........................................................................5 Workers' Compensation............................................................................................5 Professional Liability Insurance 5 Certificates of Insurance..........................................................................................6 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................7 Assignment and Subcontracting..............................................................................7 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.....................................................................................................................8 Immigration.............................................................................................................. 8 Legal Services Subcontracting Prohibited...............................................................8 AttorneyFees...........................................................................................................9 Entirety.....................................................................................................................10 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK BRIGGS AND ASSOCIATES, INC. TO PREPARE SECTION 108 LOAN APPLICATIONS THIS AGREEMENT, made and entered into this A� day of 64 hzolp . , 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and MARK BRIGGS AND ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare two Section 108 Loan Applications to be submitted to the Department of Housing and Urban Development; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated January 21, 1997 and updated July 30, 1997 (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." 4/s: PCD: Agree: Briggs RLS 97-646 • CONSULTANT hereby designates Mark Briggs who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than September 30, 1998. This deadline may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Fifteen Thousand Five Hundred Dollars ($15,500.00). 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 after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 2 4/s: PCD: Agre e: Briggs RLS 97-646 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and completed. 5) For all payments include an estimate of the percentage of work Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made 3 4/s: PCD:Agree: Briggs RLS 97-646 within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the 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. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by 4 4/s:PCD:Agree: Briggs RLS 97-646 E • CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with the performance of this agreement or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 9. WORKERS COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. 10. PROFESSIONAL LIABILITY INSURANCE The requirement that CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder has been waived by the Settlement Committee on June 5, 1997. 4/s: PC D: Agree: Briggs RLS 97-646 11. CERTIFICATES OF INSURANCE. Prior to commencing performance of the work hereunder, Consultant shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. Consultant shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Consultant under the Agreement. City or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Consultant shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its.expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT 4/s:PCD: Agree:Briggs RLS 97-646 • • and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. 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 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. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 15. COPYRIGHTSIPATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. 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. 7 4/s: PCD:Agree: Briggs RLS 97-646 17. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Economic Development as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONSULTANT: City of Huntington Beach Mark Briggs and Associates, Inc. Attn: Economic Development Dept. Attn: Mark Briggs, President 2000 Main Street 505 N. Tustin Ave., Suite 115 Huntington Beach, CA 92648 Santa Ana, CA 92705 18. 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. 19. 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. 4/s: PCD: Agree: Briggs RLS 97-646 20. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. BALANCE OF PAGE INTENTIONALLY LEFT BLANK. 9 4/s: PCD:Agree: Briggs RLS 97-646 21. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS. WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. MARK BRIGGS AND ASSOCIATES, INC., a Ca ifornia corporation By: Mark E. Briggs, President — �-.Wm i F, Baron, Secretary VIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ..r ATTEST: 44w;. -- City Clerk /1M, q-7 APPROVED AS TO FORM: � $'t4ity Attorney 9 q� INITIATED AND APPROVED: JL4 d C- 40 irector of Econo is Development 10 4/s:KD:Agree:Briggs RLS 97-646 '97 14: 51 MB&A Worm. -66 COUPENSATiON.' M.S., u:tR-X,K:-.c 0�7 G )'mot RECEIVED boo • M )6/1-.) OUT 8 1997 /D�1o�9 7 DEPART10ENT OF ECONOMIC DEVELOPM IT MEMORANDUM DATE: June 10, 1997 To: Carol Runzel FROM: Karen Foster RE: Mark Briggs & Associates Please be advised that on June 5, 1997 the City's Settlement Committee had approved a waiver of the professional liability insurance and a waiver of the 30 day cancellation requirement. EXHIBIT A • u REQUEST- FOR PROPOSAL FOR SECTION 108 - CONSULTANT SERVICES 1. Invitation to Submit Proposals: The City of Huntington Beach is seeking firms who have experience in review and assessment -of Community Development Block Grant (CDBG) projects and the Section 108 application/funding process. The selected consultant will: • conduct the background analysis for project eligibility review under a "spot blight" designation, • prepare the Section 108 application, and • provide professional expertise in the loan approval phase with the Department of Housing and Urban Development on behalf of the City of Huntington Beach. 2. The proposal shall include the following: A. Company Experience and History,, In addition to a brief description of the company, please provide descriptions of any eligibility assessment work for projects which conform to the Community Development Block Grant and Section 108 programs. B. Staff E Rerience. Include the educational and professional experience with the Community Development Block Grant and Section 108 program. C. Client List. Provide a minimum of three clients your firm represented within the last three years. D. Cost Estimate and Rate Schedule for Professional Services. Work shall be performed on a "not to exceed" (NTE) fee with billings for actual expenses on a time and materials basis. E. Insurance Information. The consultant must provide Workers Compensation Insurance for its employees and provide $1,000,000 general liability insurance and professional liability insurance naming the City as additional insured. To be effective, such certificates must be approved by the City Attorney's office. For the RFP, the consultant may either provide the required insurance certificates or state that the required certificates shall be delivered prior to the contract award. F. Huntington Beach Business License, The Huntington Beach Ordinance Code requires that all contractors and subcontractors engaging in business within the City must have a valid Huntington Beach business license. Please provide your Huntington Beach business license number or a statement that if selected your firm will obtain.a Huntington Beach business license. 3. City Commitment. The City is prepared to facilitate the success of the assignments by providing a reasonable amount of staff support and access to needed information, where available. 4. Selection Process. Of primary importance in the selection of a consultant will be the overall quality of the proposal as evidenced by previous accomplishments and a demonstrated willingness to work with city officials and CDBG staff. The selection process includes staff screening the RFP responses to evaluate the consultant's capability to do the work. Staff, at its own discretion, may also conduct follow up interviews with former clients to ascertain service satisfaction and may, at its sole discretion, conduct personal interviews. 5. Federal Contracting Requirements. In. addition to the City's contractural requirements, as federal funds will be used in the contract for professional services, the consultant shall agree to the required contract provisions under 24 CFR 85.36(i) [attached], as applicable. 6. City Time Schedule for Selection: RFP Response Deadline January 23, 1997 Interviews Begin (if warranted) February 3 - 11, 1997 Insurance Certificates Due February 14, 1997 City Council Action on the Contract (if warranted) March 3, 1997 Section 108 Loan Application to be completed May 16, 1997 7. Submit Three copies to: David C. Biggs Director of Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 8. Contact Persons: For questions on the facility: Jim Engle, Deputy Director, Community Services Department (714) 536-5495 For questions on the RFP process: Carol Runzel, Assistant Project Manager (714) 536-5529 CITY OF HUNTINGTON BEACH PROFILE: Huntington. Beach, incorporated in 1909, is located on the Southern California coast 35 miles southeast of Los Angeles. With a population over 187,000 in the 27 square miles adjacent to the 405 freeway, the City provides high quality community services through recreation, cultural activities, police and fire protection. Redevelopment efforts are concentrated in five areas, specifically in the downtown near the newly constructed Huntington Beach pier. The City looks forward to preserving and improving the City through quality of work today. CITY GYM AND POOL DESCRIPTION: The City Gym and. Pool, located at 1600 Palm Avenue in Huntington Beach, was placed on the National Register of Historical Places and functions as a recreation center with game room, meeting room, gymnasium, and indoor swimming pool for all ages from tiny tots to senior citizens. Built in 1931, it is badly in need of renovation and received no other significant renovation until 1995 when a portion (Phase I of four phases) was improved using funds from the City's Community Development Block Grant. The City owns the building and land. At first, the strategy was to improve the building and bring it up to building codes and renovate the structure in four phases. This approach succeeded in securing $500,000 in CDBG funds for the first phase. This phase is now complete. One half of the second phase was appropriated ($275,000), but this phase has not .proceeded because of the possibility of securing sufficient funds through the Section 108 loan program to complete the entire renovation project estimated at $2,000,000. For the first phase, the facility was determined to be eligible in the "area benefit" category at the time the funds were. allocated; however, due to a shift in the demographics, the project may need to be re -assessed as eligible under the "spot blight" category. This may be possible due to the need to bring the building up -to building code standards for the public benefit. Consequently, this second approach to fund the entire renovation through a Section 108 loan has taken preference due to the cost effectiveness of completing the project in a shorter amount of time with less inconvenience to the public. • • Ms. Carol A. Runzel Assistant Project Manager Department of Economic Development CITY OF HUNTINGTON BEACH 200 Main Street Huntington Beach, California 92648 RE: Billing and Contract for Section 108 Applications Dear Carol: July 30, 1997 Enclosed is the billing for the completion of our assessment for funding the City Pool and Gym Facility. The updated assessment letter, as a result of our meeting on July 29 with Michael Uberuaga, David Biggs and the development team, is also provided for your review and distribution. We may not proceed further without authorization and a contract approval by the City Council. Under our agreement, the amount for the Section 108 application is $10,500. We had committed to do work under the assumption that it would be a single application. It is now clear that there will be two applications, with totally different projects, national objectives, repayment and security and recipients, since the Redevelopment Agency will most likely be the recipient for the Waterfront Project. Clearly, HUD will review both based on their being separate projects. We respectfully request that the City increase the amount for us to do two, rather than one application, by $5,000. That would mean the contact that would be taken forward to the City Council would be for $15,500. We would propose the following payment schedule: Submittal of Draft Applications to City Submittal of Final Applications to HUD Respond to HUD Inquiries Total Amount of Contract App. I App.2 Total $4,500 $4,500 $9,000 3,000 3,000 6,000 250 250 500 $7,775 $7,775 $15,500 MARK BRIGGS & ASSOCIATES, INC. 505 N. Tustin Avenue, Suite 115, Santa Ana, California 92705 (714) 550-0390 • FAX (714) 972-8321 PROVIDING SERVICE TO THE PUBLIC AND PRIVATE SECTORS SINCE 1974 Ms. Carol A. Runzel • • July 30, 1997 Page 2 If this is acceptable, I would provide a modified contract from the one we submitted for the initial work on the City Gym and Pool Facility. We look forward to continued work with you on the Section 108 projects. Sincerely, Mark E. Bri;gs President MEB : ee Attachments hntbeachl-edac •runzel4 0 • Scope of Service for Mark Briggs & Associates, Inc Prepare and Process two Section 108 Loan Applications to the Department of Housing and Urban Development for the City of Huntington Beach: 1. City Gym and Pool Draft Application to City $4,500 Submittal of Final Application to HUD 3,000 Respond to HUD Inquires 250 $7,775 2. Redevelopment Aaencv Proiect Draft Application to City $4,500 Submittal of Final Application to HUD 3,000 Respond to HUD Inquires 250 $7,775 Total Amount of Contract (Not to Exceed): $15,500 Contract to proceed on a time and materials basis. Documentation for same need to accompany all invoices. Rate Schedule: Principal I $180/11our Principal II $170/1-Iour Secretary $35.50/Hour SP • • Settlement Committee Insurance Waiver, dated June 10,1997 r 'y Ell MEMORANDUM DATE: June 10, 1997 To: Carol Runzel FROM: Karen Foster RE: Mark Briggs & Associates • RECEIVED OCT S 1997 DEPARTMENT OF ECONOMIC DEVELOPMEff Please be advised that on June 5, 1997 the City's Settlement Committee had approved a waiver of the professional liability insurance and a waiver of the 30 day cancellation requirement. Ll Settlement Committee Insurance Waiver, dated June 10, 1997 • • �• >1�4' CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH - Connie Brockway, City Clerk Office of the City Clerk Maybrice Henry , Deputy City Clerk II To: Dui dJ,xa,& � e Date: 7613197 Meeting Date: Agenda Item: E-10 42c4zi, Proposed City Council Agenda Items: Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. 1. Signature(s) Needed A On RCA B On Agreement . C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) D 'T 5.. Wording On Request For Council Action (RCA) Unclear ry A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8., Other G:agendalmisdreaform 1 '� CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION Economic Development Department To: Connie Brockway, City Clerk From: Carol A. Runzel, Assistant Project Manager Subject: RCA - ED 97-42; Briggs & Associates Contract Date: October 14, 1997 Mark Briggs and Associates were selected through a request for proposals process. Interviews were conducted and this firm was selected as the most qualified to assist the City with the Section 108 Loan Application. Attached is the listing of firms contacted to respond to the RFP and the subsequent bids received. e-- / O No Zz l i:Section 0&:RFPli8t­: . r. Name a Xilty. WorkP inc Avenue, .(213)�.62 2 AF r,'l' Wbith-Si -104- 92069 .:(7. 42., . . 310&SIne t S CA 90025' ''' 316)820 900 310)'810763121001W (bfichiW 1050 -L", s 24 oo C- -477 5, o! 'Drl- NOW 6MIC&W. N X92.660 ewport: 'n C. 0 CA 9.1203308 -M � V� ran Ronald OW OiNi: . : AM Q� son 12 CA 92805 "MOMW Wl ,Oran 92608 ge;CA Vito ::Irvin . 714man * Frnaa<xalNewport linfil 66 'Ire t., !.s went 100 Beach, CA 9108 .2% C b—mb—=*'i N al F, 00-East Katella Av,64195' 'Anaheim CA 92806 (714) 937.4M:- 47 _tg '0 . . . . . . . . . . C 726 -IrviX.92 ne, '15 44...6125.' (714)- 'CA 90011:..,....' VJ 'W Arhd, inte. C P CA T V 92109% ;(1.14)'.941-;6610 84 41PQ�, (714) 7 fl&- t,Ga .y DB �C ezMOUM MTOVOPE ' OW 2C m.SWMeSLbk CA 90717 310 891 1966 -t (MO)534�-3784-- Newport Beach, CA 92660. Ai Assoc aces; inc;--'., 565 Tustin Avenue, Ste 115 Santa Ana, CA 92705 '550-0390 9724321 . n 2., Pril ' •y-1. Q(1 ����}}.. - n� } six -►7 List. GLLLO .1"08.-RFP +r' - r, '?.Y�•. ir: +��j •, .o' - q. h'�dt r v.We - : ��Addi+essi• '•Ci -- Woirk•.Phone.�. � •' FAR; �:•_ - _. gal•' ,. •Marabon Assoc -inc . 500. South Grand A venue,' 1 A 90071 Los e C :-213 622 =809 - - Y:= #1.4 0. •� .•:..: :.: _:... ..x ... ... _ , _ .._ .:.... . ...:.. o 204-1 North Sut .. .Oran . CA 92669 .. . _ 14 288-01`42 ,°:: `;� "�:: = `' - - - Nhchaei :.F al:,; ,:: Sedwagt4ohn 1Vioochlq;Grtmp i2100 Wilshue Blvd , Smte ". Los Angeles; CA90025 : (310) 820-0900; '' . � (310):820-1. 03 COIIlOII'`r :a .•.!cam 4 - ::...: -�; ;:- Financial'.: Economic R eat�h-Assoc.: `' = 096fl Wshim Blvd . I : - A.90024: Los An C -213 4T7�9S85 Newport'Beach, .. .. .,. _ .. � .. .... .. .. .. .... ....�. .. _... -. .: - .r...... ,..:-_ _ewportCentcr �. �. ems'•:: t _ - Financral: �Md�clland� =....;;,-'-'•w••_ .. :�:. Bhid:�'..#590:: 33.0 Na Brand �.Glendal CA:91203.2308....�549-1808:=:-:::-::_<�.�.`_:><:,::.::::'�-:::::;.:.�� Ronald: - ,-F1_:' '.,13DG Seidman.:, . 625_'I'lbe. :flnve:S°#230` '' CA 92668 .. .. #800. '.-: 2.So#larbor =:�Anale :_CA:92803`.`: Fu�aac�al,:< wmch'et:: '. .... ...:... i7i:.South'ta:Dr :#:100: '.; CA.92668' .- �•._, , fi .:;,.,.;..:•:: . . ........ .:. -mancial:: _ .... ::.:, :..... . _:Fiel :120 �t Assoc:'> ::>: `;2100:S E: Main Sti+eet:#210::. 'Irvine :CA-92714"..: ....... :..' '.......:. 4621':7'eller:Ave..4100: � Newport Beach,: CA`92658'" Finanitial:'. Pu6tic°F.00aomics;-Inc` ` :.'2100 East Katella. Ave #19S Anaheim, CA 92806 : (714)`9374806 . :::Financial-.:' .Sto : 8i'Associates:; `21':AtherEon • . _ :.;; � �. v ;:..::;� _'inaricial " ,' - . _ .. Brandfod 8t€o Inc::: :601- West 5t1 Ms:' :• .:= ; Noosing, Comprehensive °Housing 8840' Wane Gayle • - - ° CDBG--. _- ': Seivioes - 204_�' YBloomin `SeCtlOn • - - _ -_ - - . dale`= .46 W-Joe flonsiiig';:'• : lukh;D&d"' mein Inc." ` 26302 S. We . - 3.' - �sRedevelo: GtinningXJ ham dti Associates Vista Bonita W& E,- Grants; . ": ' Mark'Bi ggs Bt Associates, Inc: 505 Tustin`A ''Briggs' ::Section - Punt:.::12/10/966:10 PM :. ..n: Iivin CA 917201 14 '.544-0725 0141'2 t6i..'Aagelek CA 90071 .. _ Suite: Fountain Vail CA '92708 Bus. 714 .841-6610 714 847-3070 revue, eY (. ) ( ) . • itAve`Suite . Lomita CA 90717 310 891-1966(310) 534-3784 Newport Beach, CA 92660 Ste 115 Santa Ana, CA 92705 550-0390 972-8321 Section 108 Consultants Bids Mark Briggs & Keyser Marston Blodgett - Associates Cunningham Assessment $4,500 $7,400 $5,840 Section 108 6,000 3,400 6,290 Application Section 108 4,500 2,000 4,150 Approval Total $15,000 $12, 800 $16,280 Interviews conducted on 4/21/97 with all three consultants. Mark Briggs and Associates possessed the most qualified experience to conduct the Section 108 Application for public facilities under the "spot blight" designation.