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HomeMy WebLinkAboutENTITLEMENT PROCESSING ACTIVITES - 2006-04-17 (2)Quality Control Check — Scanning Records (2006) File ID # File ID # Alpha Cate og ry _ 0 AD Category Res/Ord # Entered Into Database Date Signature Note Problems and Corrections Made Scanned & Quality Control Check 1 Date Signature Note Problems and Corrections Made Attached to Database and Quality Control Check 2 Date Signature Note Problems and Corrections Made Final Review and Vault Filing Date Signature Note Problems and Corrections Made 200& APR I I AM 8 5, Council/Agency Meeting Held Cl GI`f Deferred/Continued to HWi TftiGT Approved ❑ Conditionally Approved ❑ Denied ity Clerk s Signat#e Council Meeting Date 4/17/06 Department ID Number AD 06 11 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR ,AND CITY C (CIL MEMBERS SUBMITTED BY PENELOP CULB ETH-GRAFTITY DMINISTR T R PREPARED BY PAUL EMERY DEPUTY CITY ADMINISTRATOR SUBJECT REVIEW AND ASSESSMENT OF ENTITLEMEN /DEVELOOMENT PROCESSING ACTIVITES Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The City Council has identified a goal of improving the efficiency of the development review process in the current proposed strategic plan Staff has prepared and distributed a request for proposals to retain the services of a qualified consulting firm to review and evaluate procedures practices standards codes and outcomes related to entitlement and development processing activities Funding Source Funds to be allocated to the Administration Business Unit 10030101 69300 (Professional Services) for professional services Recommended Action Motion to 1 Approve and authorize the City Administrator to execute a professional services agreement in an amount not to exceed $100 000 for the Review and Assessment of Entitlement/Development Processing Activities 2 Appropriate $100 000 from unreserved undesignated General Fund balance for professional services Alternative Action(s) Do not approve the proposed professional services agreement and direct staff accordingly E - � GF )N 3ZACl- REQUEST FOR COUNCIL ACTION MEETING DATE 4/17/06 DEPARTMENT ID NUMBER AD 06-11 Analysis The City Council has identified a goal of improving the efficiency of the development review process in the current proposed strategic plan As well the City Council directed the City Administrator to address a history of complaints regarding the development/entitlement process and propose methods to reduce Planning user fees which the Council considered in the 2004 User Fee Study Staff has prepared and distributed a request for proposals (RFP) (Attachment 1) to retain the services of a qualified consulting firm to review and evaluate procedures practices standards codes and outcomes related to the entitlement and development processing activities The review of the entitlement/development activities are proposed to be carried out through the review and update of documentation that has been completed through interviews of staff Commissioners and interested stakeholders The review is to include the facilitation of focus groups that confer representatives of current and past developers community groups and small medium and large businesses Three specific areas of review include 1) Code Review and Development Standards and Guidelines 2) Processing Procedures/Performance Standards 3) Fee Study Analysis These three tasks will identify areas and strategies for improvement of the entitlement process eliminate unnecessary activities strengthen essential activities and identify opportunities for expedited development processing This study will further review performance measurements in relation to current staffing and the training and continuing education needs for staff Finally this study will review our current fee structure for development processing in relation to cost recovery industry standards and in comparison to other cities that compete for our customers and/or neighbor our City The retention of these professional services was not considered in the development of the fiscal year 2006/06 budgets Funds from the unreserved undesignated funds balance are proposed for allocation for this task The current financial policy identifies three criteria for the supplemental appropriation of general fund balance - It is an unanticipated emergency - It is required to implement a Memorandum of Understanding (MOU) or a mandate - It is a new expense that is offset by related revenues This appropriation was unanticipated and meets the needs identified in the City Council proposed strategic plan The timely allocation of these resources will expedite the evaluation of the City s development processing activities Environmental Status Not applicable 2 1 3/27/2006 3 14 PM REQUEST FOR COUNCIL ACTION MEETING DATE 4/17/06 DEPARTMENT ID NUMBER AD 06-11 Attachment(s) 1 1 RFP for Entitlement/Development Processing Review 2 Fiscal Impact Statement 3/27/2006 3 14 PM ATTACHMENT #1 rzru.r t`iN�c'r�y�, F� �+9yC���UN T Ir P REQUEST FOR PROPOSALS FOR THE REVIEW AND ASSESSMENT OF ENTITLEMENT/DEVELOPMENT PROCESSING ACTIVITIES FOR THE CITY OF HUNTINGTON BEACH City Administrators Office City of Huntington Beach Central Service Manager Richard Amadril Released on February 27, 2006 RFP— Entitlement/Deselopment Processing Activities TABLE OF CONTENTS SECTION A SCOPE OF SERVICES AND REQUIREMENTS 1 Project Summary 2 Schedule 3 Contract Term 4 Project Statement of Work a Mandatory Project Specifications b Desirable Project Specifications B INSTRUCTIONS AND INFORMATION 5 Process for Submitting Proposals 6 Evaluation Cruel is 7 Standard Terms and Conditions APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E AGREEMENT TO MANDATORY PROJECT SPECIFICATIONS COST PROPOSAL FORM PROPOSAL FORM SAMPLE CONTRACT INSURANCE REQUIREMENTS PAGE RFP — Entitlement/Development Processing Activities 2 A SCOPE OF SERVICES AND REQUIREMENTS 1 PROJECT SUMMARY The City Administrators Office is requesting proposals for Review and Assessment of Entitlement Development Processing Activities for the City of Huntington Beach The objective of this procurement is to obtain the services of a qualified firm to review and evaluate procedures practices standards codes and outcomes directly related to entitlement and development processing activities This review/evaluation will require the interview of staff developers and other stakeholders in the process It will require a review of performance measurements staff and staffing levels and identify opportunities for improvement and enhancement Proposals must be received no later than 4 00 P M Pacific time on March 20 2006 proposals should be sent to Finance Department Purchasing 2000 Main Street Huntington Beach CA 92648 2 SCHEDULE This request for proposals will be governed by the following schedule February 27 2006 Release of RFP March 6 2006 Deadline for Written Questions March 20 2006 Proposals Due March 28 2006 Interview April 3 2006 Contract Award (on/about) April 10 2006 Contractor Begins Work 3 CONTRACT TERM The contract period is from April 3 2006 through December 31 2006 however the work is expected to be completed within six months of starting 4 PROJECT STATEMENT Of WORK The following activities are required to be completed by the Consultant The review assessment and recommendations for improvement of the entitle ment/development processing activities from project submittal to building permit issuance These tasks will be carried out through the review and update of documentation that has been completed including the flow charting of the current entitlement process and through interviews of staff Commissioners and interested stakeholders A review of a relevant number of current projects to evaluate the process of review will be completed Focus groups will be conducted that provide for anonymous input from current and past developers community groups as well as representatives of small medium and large businesses All tasks/activities beyond the scope identified hereafter will require prior written concurrence by the City 1) Code Review/Development Standards and Guidelines RFP — Entitlement/De%elopment Pi ocessmg Activities This task involves the review of all existing code requirements relative to processing activities including opportunities to minimize burdensome duplicative codes and standards and provide for effective efficient entitlement processing The consultant will review the delineation of authority identify appropriate checks and balances and make recommendations that will enhance the process Development standards are to be analyzed in relation to industry standards and opportunities for enhancement/refinement should be identified A review of the legal aspects of the entitlement process and how the City applies these aspects will be required 2) Processing Procedures/Performance Standards The audit of current processing procedures is required to eliminate unnecessary activities and strengthen essential activities The review of actual versus stated objectives (performance standards) for project timelines is to be reviewed with recommendations for enhancement Process timing standards are to be reviewed in relation to industry standards The opportunity for expedited processing is to be analyzed and the outline for implementation of this opportunity is to be provided A review of staffing and experience/training standards should be identified to ensure the appropriate resources are dedicated to the task and recommendations relative to staffing in relationship to performance standards is expected A recommendation on training and continuing education for staff is required 3) Fee Study Analysis The review of the recently completed Fee study as it relates to development/entitlement processing is required Included in this review is the verification that adequate resources are assigned to tasks and performance expectations are correlated into fee calculations The review of these fees in relation to industry standards and a review of the implications of full cost recovery for these services is required Finally a comparison of the costs to do business in Huntington Beach with other cities that compete for our customers or neighbor our City will be needed to ensure a reasonable cost for services and a recommendation on fees in relation to competing jurisdictions is required RFP — Entitlement/Development Processing Activities 4 B INSTRUCTIONS AND INFORMATION 5 PROCESS FOR SUBMITTING PROPOSALS ♦ Content of Proposal The proposal must be submitted using the format as indicated below in the proposal format guidelines ♦ Preparation of Proposal Each proposal shall be prepared simply and economically avoiding the use of elaborate promotional material beyond those sufficient to provide a complete accurate and reliable presentation • Packaging of Proposal The proposal must be divided into a sealed packages — a technical proposal and a cost proposal and plainly marked as Name of Company Technical Proposal or Cost Proposal (as applicable) RFP for ENTITLEMENT/DEVELOPMENT PROCESSING February 21 2006 ♦ Number of Proposal Copies Please submit an original and ten (10) copies of your proposal ♦ Submission of Proposals Please submit proposals to Finance Department Purchasing 2000 M-un Street Huntington Beach CA 92648 All proposals must be delivered to the above office no later than 4 00 P M Pacific time on February 21 2006 Proposals received after the above date and time will not be considered Faxed or e mailed proposals will not be accepted ♦ Inquiries Questions about this RFP must be directed in writing via a mail to Richard Amadril Central Service Manager Finance Department Purchasing 2000 Main Street Huntington Beach CA 92648 iamadrtlk-i),surfctly hb oit From the date that this RFP is issued until a firm is selected and the selection is announced firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFP except during the pre proposal conference The City reserves the right to reject any proposal for violation of this provision No questions other than written will be accepted and no response other than written will be RFP— Entitlement/Development Proassing ALtl Vltles 5 binding upon the City ♦ Reiection of Proposals The City of Huntington Beach reserves the right to reject any or all proposals to waive any irregularity or informality in a proposal and to accept or reject any item or combination of items when to do so would be to the advantage of the City or its taxpayers It is also within the right of the City to reject proposals that do not contain all elements and information requested in this document The City of Huntington Beach shall not be liable for any losses incurred by the proposers throughout this process ♦ PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough proposal using the following guidelines Proposal should be typed and as brief as possible Each proposal will adhere to the following order and content of sections Proposal should be straightforward and concise and provide layman explanations of technical terms that are used Emphasis should be concentrated on conforming the RFP instructions responding to the RFP requirements and on providing a complete and clear description of the offer Proposals which appear unrealistic in the terms of technical commitments lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected The following proposal sections are to be included in the proposers response 1 Cover Letter A cover letter not to exceed three pages in length should summarize key elements of the contractor proposal An individual who is authorized to bind the company must sign the letter or submit Appendix C The letter must stipulate that the proposed terms will be valid for a period of at least 180 days Indicate the address and telephone number of the contractors office located nearest to Huntington Beach California and the office from which the project will be managed 2 Background and Approach Section The Background and Approach section should describe your understanding of the City the work to be done and the objectives to be accomplished in the Information Services Assessment and Master Plan 3 Methodology Section Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP This should include the timetable of major tasks/activities proposed milestone dates work hours and the estimated cost to achieve each of the milestones in the proposed schedule Describe your firms approach to achieve client satisfaction and the successful performance of this project The Methodology Section should include a) An Implementation Plan Describes in detail (i) the methods including controls by which the respondent manages projects of the type sought by this RFP (ii) methodology for soliciting and documenting views of internal and external stakeholders (e g surveys focus groups etc ) (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work b) A Statement of Work Provided in a form that the respondent considers appropriate and sufficient for incorporation in a contract document c) A Project Schedule A detailed project schedule identifying all tasks and deliverables to be performed durations for each task principal schedule milestones and overall time of completion RFP — Fntitlement/Development Processing Activities d) Milestone Payment Schedule A milestone payment schedule setting forth the frequency and amount of progress payments and identifying the tasks and deliverables ( milestones ) to be completed for each payment 4 Proiect Organization and Staffing Section Describe your approach and methods for managing the operation as well as the completion of this project Identify the project director and/or manager and the person who will be the key contact with the City of Huntington Beach during this project Include resume for project director along with the following information • Company ownership • Location of the company offices • Location of the office servicing any California account(s) • Number of employees both locally and nationally • Location(s) from which employees will be assigned • Name address and telephone number of the Proposers point of contact for a contract resulting from this RFP • Company background/history and why Proposer is qualified to provide the services described in this RFP • Length of time Proposer has been providing services described in this RFP • Proposers Dun and Bradstreet number and/or financial statement Proposer must include in the proposal a complete disclosure of any alleged significant prior or ongoing contract failures any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable Failure to comply with the terms of this provision will disqualify any proposal The City reserves the right to reject any proposal based upon the Proposers prior history with the City or with any other party which documents without limitation unsatisfactory performance adversarial or contentious demeanor significant failure(s) to meet contract milestones or other contractual failures 5 References At least three references should be included For each reference indicate the references name organization affiliation title complete mailing address and telephone number The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed Information provided shall include a) Client name b) Project description c) Project dates (starting and ending) d) Technical environment e) Staff assigned to reference engagement that will be designated for work per this RFP f) Client project manager name and telephone number 6 Statement of Qualifications The information requested in this section should describe the qualifications of the firm key staff and sub contractors in performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services Information shall include • Names of key staff that participated on named projects and their specific responsibilities with respect to this Scope of Work • The client s name contact person address and telephone number • A brief description of type and extent of services provided • Brief description of how your qualifications make you the best candidate to be awarded this contract • Describe recent directly related experience Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract The Proposers experience shall be set forth and submitted on the form provided herewith It is the intention of the City to award a contract to a Proposer who furnishes RrP — H ntrtiement/DeNeiopment Processing Activities satisfactory evidence that the Proposer has the requisite experience ability sufficient capital facilities and plant to enable the Proposer to prosecute the work successfully and properly and to complete it within the time specified in the contract To determine the degree of responsibility to be credited to the Proposer the City will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature magnitude and comparable difficulty and comparable rates of progress In selecting the most responsive and responsible Proposer consideration will be given not only to the financial standing but also to the general competency of the Proposer for the work specified in the contract documents 7 Other Information — Include any other information you consider to be relevant to the proposal Acceptability of alternates will be determined solely by the City of Huntington Beach Appendix B Cost Proposal Attach the detailed cost proposal Cost proposals must be fixed price proposals The proposed price must include all costs to the City for performance of the work required under this RFP If a respondent offers options and/or alternates that are not included in the fixed price for the proposed work the respondent must provide for each such option/alternate the following information A detailed description of the option/alternate A full explanation of the rationale for not incorporating the work in the base proposal Detailed cost information for each option/alternate in accordance with the cost proposal requirements of the RFP The cost proposal must identify by separate line item each principal task and activity required to perform the work and each deliverable together with the cost of each The City reserves the right to reject without evaluation any proposal that does not identify each item of the work by line item and any proposal (including but not limited to proposals to perform the work on a time and materials or cost plus basis) that does not provide a fixed price to perform the proposed work The Proposal shall be limited to thirty (30) pages using a minimum 12 point font It is the intention of the City of Huntington Beach to award a contract to a Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience ability sufficient capital facilities and plant to enable the Proposer to prosecute the work successfully and properly and to complete it within the specified in the contract 6 EVALUATION CRITERIA The criteria that will be used to evaluate all proposals that are received are listed below 1 Project understanding and soundness of proposed project methodology including the detail and accuracy of the proposed scope statement of work and implementation plan 2 The demonstrated ability of the proposers solution to enhance operational efficiency and effectiveness 3 The respondent s financial and technical qualifications to perform the work required by the RFP as presented in its proposal and determined by any other investigations conducted or information obtained by the City 4 References provided by the respondent particularly from projects of similar complexity and scope 5 Commitment and ability to complete the project within the time frame specified in the proposal 6 The proposed cost 7 Demonstrated ability to provide services and deliverables comparable to those requested in this RFP 8 Compliance with RFP requirements The City may also contact and evaluate the proposers and subcontractors references contact any proposer to clarify any response contact any current users of a proposers services solicit information from any available source concerning any aspect of a proposal and seek and review any other RFP — Entitlement/Development Processing Alhvitles Information deemed pertinent to the evaluation process The evaluation committee shall not be obligated to accept the lowest priced proposal but shall make an award in the best Interests of the City Discussions may at the City s sole option be conducted with any vendor who submits a proposal determined to be reasonably likely to be selected for an award Discussions may be for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals Revisions may be permitted after submissions and before award for obtaining best and final proposals In conducting discussions the City will not disclose information derived from proposals submitted by competing vendors A Notification of Intent to Award may be sent to the vendor selected Award is contingent upon the successful negotiation of final contract terms Negotiations shall be confidential and not subject to disclosure to competing vendors unless an agreement is reached If contract negotiations cannot be concluded successfully the City may negotiate a contract with the next highest scoring vendor or withdraw the RFP 7 STANDARD TERMS AND CONDITIONS ♦ Amendments The City reserves the right to amend this RFP prior to the proposal due date All amendments and additional information will be posted to the Huntington Beach Procurement Registry Huntington Beach Official City Web site Business Bids & RFP s proposers should check this web page daily for new information ♦ Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the proposer All proposals submitted become the property of the City ♦ Contract Discussions Prior to award the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences These discussions are to be finalized and all exceptions resolved within one (1) week from notification If no resolution is reached the proposal may be rejected and discussions initiated with the second highest scoring firm ♦ Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non disclosure statement Proposals are subject to the Freedom Information Act The City cannot protect proprietary data submitted in proposals ♦ Financial Information The City is concerned about proposers financial capability to perform therefore may ask you to provide sufficient data to allow for an evaluation of your firm s financial capabilities ♦ Insurance Requirements Within ten (10) consecutive calendar days of award of contract Successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix E naming the City of Huntington Beach its officers and agents Additional Insured by endorsement Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security RFP — Entitlement/Development Processing Activities INTENTIONALLY LEFT BLANK Rri — Fnhtlement/De,.elopment Processing Acth.ities 10 APPENDIX A AGREEMENT TO MANDATORY PROJECT SPECIFICATIONS All mandatory requirements listed in Section A 4 a of the RFP aie presented below Proposer should indicate their understanding of these mandatory requirements and their agreement to satisfy these mandatory requirements by placing the woad Yes by each requirement This checklist is provided for the convenience of proposers but it is the proposer s responsibility to review the entire RFP and ensure response is made to all requirements Failure to place "yes" by the mandatory requirement may cause the Department to reject the proposal Proposers must meet all of the following mandatory requirements to be considered for evaluation under this RFP A Mandatory Specification and/or B Alternate Bid (This appendix will mirror all of the Mandatory Project Specifications as described in Section A 4 a This will provide the proposer with an opportunity to answer yes or no indicating their agreement to each Mandatory Specification listed This completed appendix will be returned with the proposers technical proposal ) Authorized Signature Print Name Date RFP— Entitlemen(/Development Piocessing Activities 11 APPENDIX B COST PROPOSAL (This can be unique to your requirement A simple Cost Proposal example is offered below If you require more cost data, consult with your Contracting Officer in the Finance Department prior to creating your Cost Proposal Worksheet ) (If the resulting contract will halve multiple renewal periods the RFP should specify hoA prices in future renewal periods should be determined If Sou require that a fixed price be quoted for future years, vendors are likely to overstate future prices out of uncertainty of future economic conditions Consider specifying some objective economic index (CPI or others) that will track the vendor's cost of doing business htty //www bls gov/ is a good source of cost indices) Vendor Name Total Contract Value for ALI Requirements including G & A* $ ** *G & A = all General and Administrative Costs Profits Travel per them and ALL costs associated with this contract **This is the figure that will be used in the evaluation Where there is a reference in the RFP to deliverables subntisshon requirements or other response and contract performance discussions said reference may not include all requirements in the RFP It is incumbent upon the contractor to read this entire RFP carefully and respond to and price all requirements and ensure Total Contract Value for ALL Requirements" above includes all requirements Authorized Signature Print Name Date RFP— Entitlement/Development Processing ActiN Mes 12 APPENDIX C PROPOSAL FORM We propose to furnish and delix er any and all of the deliverables and services named in the attached Request for Proposals (RFP) for which prices have been set The pace or prices offered herein shall apply for the penod of time stated in the RFP It is understood and agreed that this proposal constitutes an offer which when accepted in wnting by City of Huntington Beach and subject to the terns and conditions of such acceptance will constitute a valid and binding contract between the undersigned and the City of Huntington Beach It is understood and agreed that we have read the City s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications By our written signature on this proposal we guarantee and certify that all items included in this proposal meet or exceed any and all such City specifications We further agree if awarded a contract to deliver goods and services that meet or exceed the specifications It is understood and-tgreed that this proposal shall be valid and held open for a period of one hundred twenty (120) (120 days is the recommended period, however, this period of time can be modified to fit the specific requirements of your RFP) days from proposal opening date PROPOSAL SIGNATURE AND CERTIFICATION (Bidder to sign and return with proposal) I certify that tlus proposal is made without prior understanding agreement or connection with any corporation firm or peison submitting a proposal for the same matenals supplies equipment or services and is in all respects fair and without collusion or fiaud I understand collusive bidding is a violation of State and Federal Law and can result in fines prison sentences and civil damage awards I agree to abide by all conditions of the proposal and certify that I am authorized to sign this propos-il for the proposer Authorized Signature Date Print/Type Name Print/Type Company Name Here RFP — Enhilement/Development Processing Actnihes 13 APPENDIX D CONTRACT Sample Professional Service Agreement RFP— Entitlement/Development Processing Actnities 14 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND E THIS AGREEMENT ('Agreement') is made and entered Into this day of 20 by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter referred to as "CII Y and a hereinafter referred to as "CONSULTANT " WHEREAS CITY desires to engage the servic of a consultant to Pursuant to documentation on file in the nd � 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 who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement agree/torms/profsery 10/ 1 -/01 A 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 unless sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date of this Agree e b hePre r iss n The time for per o O i Fifi n i it ' b ra shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CiTY and CONSULTANT , 1 4 COMPENSATION In consideration of the performance of the services described herein CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee including all costs and expenses not to exceed Dollars ($ ) 5 FXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional agree/torms/protserv10/1-')/01 A 2 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 materia o n e f thi b or upon PROJE eti v al u t Th ate ma 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 s 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 agree/torms/profsery10/1 --)/01 A 3 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 r do not act as limitation upon the amount of indemnification to be provided by 1 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 1 coverage for CONSULTANT s professional liability in an amount not less than One A Million Dollars ($1 000,000 00) per occurrence and in the aggregate The above- mentio n t ur n, "d du any other 0 similar ImI I o be xc th xpr en 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) 4 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 I the required extended period of coverage following PROJECT completion If insurance is I 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 agree/forms/protservl0/I'Al A 4 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 ►rt 7tv r is h )wrcb I0) days' �2�rt o"ine ent nc on ayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force I 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 i demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a i prompt and timely manner the premiums on the insurance hereinabove required ' l I 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 j agree/torms/profservl0/15/01 A 5 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 CONS a e ma io - shed and 0 unfinish e rt e n L s th do , 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 agree/forms/profservl0/15/01 A 6 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 envelop d=1a it d S at ervice, to the ad pec S y���_�e 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 City of Huntington Beach ATTN 2000 Main Street Huntington Beach CA 92648 TO CONSULTANT 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 agree/fonns/protservl0/1-,�/01 A 7 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 pro h1 M nt _ O T O I BEE 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 1s 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 agree/forms/protservl0/15/01 A 8 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 Ma n f Il o with the immigra nd;;Df s in ar comply s with the provisions of the United States Code regarding employment verification 7 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 agree/forms/profsery10/ 1 -')/01 A 9 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 non preva►Iing 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 1 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 ENTIRETY e ck g he re mto this O 0 Agreem y a r► 11 g n ►v s 1 b new n and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements promises agreements or warranties oral or otherwise have been made by that party or anyone acting on that parry's behalf which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation Inducement promise agreement warranty, fact or c►►cumstance 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/torms/profservl0/15/01 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 ray print name ITS (cucle one) Chairman/President/Viee President CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Director of (Pursuant To HBA1C ¢3 03 100) APPROVED AS TO FORM N 0 0 tt A By print name ITS (circle one) Secretary/Chiet Financial Otficer/Asst Secretary — Treasurer agree/forms/protservl0/15/01 A REVIEWED AND APPROVED City Administrator (only foi contracts $-)0 000 00 and over) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term T►rne 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 Ass►gnment and Delegat►on 6 14 Copyrights/Patents 7 15 City Employees and Officals 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 APPENDLY E Profession-1 Ser, ices\lnsurance Requirement PDF RHP— Entitlemuit/DeselopmentPiocessmgActivities 15 *A, iv City of Huntington Beach VHUNTINGTONBEACH 2O00 Main Street California 92648 Insurance Requirements/Encroachment Permit Applicants and Contractual Services Please give these requirements to your insurance agency City Resolution 97-20 requires that licensees, lessees and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract Receipt of an insurance certificate does not satisfy our insurance requirements that vary for private or public property, for city contract or simply encroachment permits as well as consultant services Inasmuch as the typical approval process timeline varies from several days or more, it is strongly recommended that you have certificate(s) submitted at least one week, if not two, prior to your event A certificate is the only acceptable insurance proof media (not a declaration, statement or policy) An original certificate is required or, if it is fax'd, it must come directly from your insurance company/agent to Risk Management (fax 714/536-5212) ➢ Private Property Work Permit Requirements —If the planned work does not involve public property or its right-of-way (e g , sidewalk/street or abutment to same), the Workers' Compensation Certificate is the only insurance requirement However, if the work abuts to public property, the City Attorneys Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific Private Property Only approval stamp ➢ Encroachment (City/Public Property) Permit Requirements —General Liability and Workers' Compensation are required (see General Liability Insurance Certificate below) ➢ Consultant Services ---Professional Liability Insurance Certificate is required (i e , Legal, architectural, etc ) in addition to a General Liability Insurance Certificate and Workers' Compensation Insurance Certificate ➢ General Liability Insurance Certificate of >_$1,000,000 combined single limit/per occurrence Additional Insured Endorsement must name the City of Huntington Beach, its agents, officers and employees as additionally insured and, when applicable, the Redevelopment Agency of the City of Huntington Beach must also be additionally insured Insured definition must read as the insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you (It is not to read, ' but only with respect to liability arising out of your ongoing operations performed for that insured ) Type of coverage must be "per occurrence" not claims made "Claims made" designation is only acceptable for professional or pollution liability insurance A brief description of work and/or nature of business, timeframe for completion, dollar value and if applicable, the related City department while not necessary, is highly desirable in the event that part of the insurance requirement cannot be met and Risk Management must complete a waiver form for that specific requirement ➢ Workers Compensation Insurance Certificate of statutory amount and If you have no employees, you must sign a Declaration of Non employee Status form available from the Risk Management Department In lieu of a certificate of insurance, a certificate of Consent to Self -Insure issued by the California Director of Industrial Relations is also acceptable G \RiskMgmt\Cent Ins\Require Doc (Rev 3/29/2006) ➢ Professional Liability Insurance Certificate of >_of $1,000,000 (applicable for professional services) Type of coverage' Claims Made' designation is acceptable for professional or pollution liability insurance In addition to the above, ALL CERTIFICATES MUST CONTAIN THE FOLLOWING Insurance Carrier Rating —Insurance must be placed with a California -admitted carrier with a current A M Best Rating of >_ A VII Certificate Holder --The City of Huntington Beach (2000 Main Street, Huntington Beach, CA 92648, Attn Risk Management) Deductible, Self -Insurance Retention (SIR), --The city maintain a zero deductible/SIR requirement Any deductibles/SIRs in force must be listed on the certificate In the event of any deductible/SIR, the city has an insurance waiver procedure to request a waiver of the zero requirement (see Waiver Procedure below) 30-day Cancellation Notice --There must be a thirty (30) day notice for policy cancellation A ten (10) day notice for cancellation for non payment of premiums and/or salary reporting is allowed in combination with the required 30-day notice Cancellation Clause Wording --The following wording must either be removed or lined -out (by the insurance agent) if they appear on the certificate "endeavor to" and "failure to mail such notice shall impose no obligation nor Lability of any kind upon the company, its agents or representatives Waiver Procedure —In lieu of meeting the City's insurance requirements, a permitee/insured can request a waiver of a specific requirement To do so, the permitee/insured must provide the Risk Management Department with a brief description of the work/project (one to two sentences), the timeframe for completion and the dollar value of the work/project Upon receipt of this information, Risk Management will complete and attach the waiver form to the insurance certificate and submit it for approval (signage) to the pertinent City Department, the Risk Manager and the City Attorney ➢ General Contractor/Sub-contractor(s) —Both the general- and their sub -contractors must provide proof of insurance subject to the City s insurance requirements ➢ Trucking Companies - Per the Public Utilities Commission (PUC) regulations, you must provide proof of Workers' Compensation Insurance and General Liability Insurance The General Liability Insurance requirements are $600,000 combined single limit or $250,000 bodily injuries or death of one person and $500,000 protection against total liability for bodily injuries or death of more than one person from any one accident This is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported The City of Huntington Beach must be named as Certificate Holder but does not need to be named as additional insured Please forward these requirements to your insurance agent/producer for their processing of your insurance certificates For assistance, call Christi Mendoza (phone 714/536 5252 and fax 714/536-5212) G \RiskMgmt\Cert Ins\Require Doc (Rev 7/21/00) Page 2 of 2 ATTACHMENT #2 ��aVR1TINGTp�� a �r TO FROM SUBJECT DATE CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION PENELOPE CULBRETH GRAFT DPA CITY ADMINISTRATOR DAN T VILLELLA CPA FINANCE DIRECTOR FIS 2005 06 — 16 REVIEW AND ASSESSMENT OF ENTITLEMENT /DEVELOPMENT PROCESSING ACTIVITIES MARCH 7 2006 As required by Resolution 4832, this Fisc11 Impact Statement his been prepared for "Review And Assessment Of Entitlement /Development Processing Activities If the City Council approves this action (total appropriation $100,000) - the estimated unreserved, undesignated General Fund balance at September 30, 2006 will be reduced to $3,477,000 Dan Villella, Finance Officer RCA ROUTING SHEET INITIATING DEPARTMENT Administration SUBJECT Review and Assessment of Entitlement/Development Processing Activities COUNCIL MEETING DATE April 17 2006 r RCA {ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed In full by the City Attorney) Not Applicable ❑ Subleases Third Party Agreements etc Attached (Approved as to form by City Attorney t Applicable ❑ Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable ❑ Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Ap licable ❑ Staff Report (If applicable) Attached ❑ Not Applicable ❑ Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use o OF R/=/d s '/A)s 4 .owcE rV11&7t46r-- /q-S SPcUGi� /,l -ASK— ct 6 h-— SIB 6 14vOW C v � RCA Author Emery