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HomeMy WebLinkAboutRosenow Spevacek Group, Inc - RSG - 2014-06-16 Dept. ID ED 17-08 Page 1 of 2 Meeting Date:6/19/2017 _ CITY OF HUNTINGTON BEACH „ { REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/19/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth A. Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of Contract Amendment No. 1 with Rosenow Spevacek Group, Inc. (RSG) in the amount of $30,000 through June 15, 2018, for Affordable Housing Compliance Monitoring of HOME Projects Statement of Issue: The Office of Business Development utilizes professional services annually to assist with site inspection and monitoring services for the HOME Investment Partnership (HOME) Program. The current agreement for these services with Rosenow Spevacek Group, Inc. (RSG) expires in June, 2017. Extension of the Agreement for an additional one (1) year in an amount not-to-exceed $30,000 allows for completion of current inspections as well as sufficient time to issue a request for proposals to secure and adequately prepare the selected consultant. Financial Impact: Services provided under this agreement are funded through Housing Residual Receipt and Low Moderate Income Housing Asset funds. Sufficient funds are available in accounts 23380101.69325 ($4,000) and 35280301.69365 ($11,000) for FY 16/17; and 23380101.69325 ($9,000) and 35280301.69325 ($6,000) for FY 17/18. There is no impact to the General Fund. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Affordable Housing Compliance Monitoring" to June 15, 2018, in the amount not-to-exceed $30,000. Alternative Action(s): Do not approve the Amendment and direct staff accordingly. Analysis: The City of Huntington Beach receives HOME funds on an annual basis from the US Department of Housing and Urban Development (HUD). These funds are utilized by the City to provide affordable housing projects to benefit low-to-moderate income households. Affordable Housing projects include new apartment development, and acquisition and rehabilitation of existing multi-family apartments. Depending on the size of the apartment complex, site inspection and monitoring of the development is required by HUD every one to three years. Of the City's 48 affordable housing developments, 21 developments are funded with HOME funds. As a result, approximately 10 to 14 apartment complexes are inspected annually to ensure compliance to HUD regulations and the City's Regulatory Agreement as required by City auditors. Item 14. - 1 HB -180- Dept. ID ED 17-08 Page 2 of 2 Meeting Date:6/19/2017 The City of Huntington Beach issued a Request for Proposals (RFP) for Affordable Housing Compliance Monitoring in September 2013 and received three (3) qualified proposals. Rosenow Spevacek Group, Inc. (RSG) was selected to provide this service at a cost not-to-exceed $90,000 for three years. The Agreement commenced on June 16, 2014 and continues through June 15, 2017. Site visits and monitoring compliance service involve noticing owner, tenant file audit, property and unit inspections, agreement review, income analysis, rental analysis, and final compliance report. Extension of the Agreement for one (1) additional year allows for completion of current inspections as well as sufficient time to issue a request for proposals to secure and adequately prepare the selected consultant. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Affordable Housing Compliance Monitoring" HB -181- Item 14. - 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR AFFORDABLE HOUSING COMPLIANCE MONITORING This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Rosenow Spevacek Group, Inc., hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated July 1, 2014, entitled "PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ROSENOW SPEVACEK GROUP, INC. FOR AFFORDABLE HOUSING COMPLIANCE MONITORING" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the extended term and compensation of the Agreement, NOW, THEREFORE, IT IS AGREED by CITY and CONSULTANT as follows: 1. TERM The term of the Original Agreement is extended for one year, such that the Agreement expires on June 15, 2018. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described in Section 1 above, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum of Thirty Thousand Dollars ($30,000.00), for a total not to exceed amount of One Hundred Twenty Thousand Dollars ($120,000.00). 17-5790/157804/RLS 5/9/17/MV 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, ROSENOW SPEVACEK GROUP, INC. a municipal corporation of the State of California 0 By: print name Mayor ITS: (circle one)Chairman/PresidentNice President 74//�� � AND ` By: City Clerk print name ITS: (circle one) Secretary/Chief Financial INITIATED AND APPROVED: Officer/Asst. Secretary-Treasurer Deputy DirectopKf Economic Development COUNTERPART REV ND APPROVED: Cf'Nlyager APPROVED FO r ttorn;U/ 17-5790/157804/RLS 5/9/17/1\V 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shalt remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this agreenient to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, ROSENOW SPEVyACEK GROUP, INC. a municipal corporation of the State of California By: 10•l�� �0 111C1��''�4N�1`� print name Mayor ITS: (circle one)Chairrnan/PresidentfViee President AND JL-11/ City Clerk By: print name ITS: (circle one)Secretary/ChiefFinancial INITIATED AND APPROVED: Officer/Asst. Secretary-Treasurer Deputy Director of Economic Developinent COUNTERPART REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney jw,., Dated: 17-5790/157804/RLs 5/9/171W 2 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Erica Hornada NAME: y The Empire Company PHONE p/C No: 550 North Park Center Drive E-MAIL ADDRESS: y ehornada @ empire-co.com Spite 205 INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURERA:Sentinel Insurance Company, LTD 11000 INSURED INSURERB:Hartford Accident and Indemnity 22357 RSG, Inc.. -INSURER C:Llo d's 85202 309 W. Fourth Street INSURERD: INSURER E: Santa Ana CA 92701 1 INSURER F: COVERAGES CERTIFICATE NUMBER:2017/2018 Updt Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADIDTYPE OF INSURANCE INSD S VD POLICY NUMBER POLICY MM/DDT LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO I A CLAIMS-MADE �X OCCUR PREM SES(Ea occu ante $ 1,000,000 X 72SBAAQ7019 1/1/2017 1/1/2018 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY F7 PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A ANY AUTO BODILY I NJURY(Per person) $ ALL OWNED SCHEDULED 72SBAAQ7019 1/1/2017 1/1/2018 BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ nt XNON-OWNED HIRED AUTOS Ix AUTOS Per accide X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2 000 000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X RETENTION$ 10,000 72SBAAQ7019 1/1/2017 1/1/2018 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? B (Mandatory in NH) 72WECVK8727 1/1/2017 1/1/2018 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C ERRORS & OMISSIONS ATR1700431 3/1/2017 3/1/2018 LIMIT 2,000,000 CLAIMS MADE RETENTION 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured with respect to general liabilit�yy�yy r 0080405 attached as required by written contract. APPKUM MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF/THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRAT16N DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Erica Hornaday/ERICA �tG< — ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov r I ISO Office of the City Clerk Robin Estanislau, City Clerk June 20, 2017 Rosenow Spevacek Group, Inc. Attn: Hitta Mosesman 309 West 4t" Street Santa Ana, CA 92701 Dear Ms. Mosesman: Enclosed is a copy of the fully executed "Amendment No. 1 to Professional Services Contract Between the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Affordable Housing Compliance Monitoring." Sincerely, Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand EC'El ♦ .ED PROFESSIONAL IC HE CIITY OF HUNTINGTON`BEA 14SERVICES CON]" D hhl 22 ROSENOW SPEVACEK GROUIC 1Ve.CLERK FOR �pp��� CITY OF AFFORDABLE HOUSING COMPLIA ftTA%4k (q1i ' THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a Rosenow Spevacek Group, Inc. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide compliance monitoring services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Hitta Mosesman who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional sves 50 to 100 10/12 1 of I I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on June 16, 2014 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no .later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety Thousand Dollars($90,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/surfnet/professional svcs 50 to 100 10/12 2 of 11 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office , notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/surfnet/professional Svcs 50 to 100 10/12 3 of 11 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is ti terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/surfnet/professional svcs 50 to 100 10/12 4 of I1. insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance, coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. agree/surfnet/professional svcs 50 to 100 10/12 5of11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional svcs 50 to 100 10/12 6 of 11 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Rosenow Spevacek Group, Inc. ATTN: Kellee Fritzal Attn: Hitta Mosesman 2000 Main Street 309 West 4th Street Huntington Beach, CA 92648 Santa Ana, CA 92701 agree/surfnet/professional sves 50 to 100 10/12 7 of I I 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/surfnet/professional svcs 50 to 100 10/12 8 of I I contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professional Svcs 50 to 100 10/12 9 of 11 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory.or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, agree/swfnet/professional Svcs 50 to 100 10/12 10 of 11 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of [COMPANY NAME]Rosenow Spevacek Group, Inc. California By: City Manager blest �� IN D D AP OVED: print name ITS: (circle one)Chainnai esident ice President AND By: _*/-- OVED AS TO FORM: ie ITS: (circle on Secreta Chief Financial Officer/Asst. Secretary—Treas City Attorn Date agree/surfnet/professional sves 50 to 100 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) For all compliance reporting, RSG will immediately report any project found to be out of compliance. RSG will report items to the City as well as provide the property manager/owner a detailed reporting of items that need to be completed in order to bring property back into compliance. It is recommended that a 30 day time frame be used to allow property managers/owners to bring their properties into compliance . RSG will work directly with City staff if property managers/owners fail to bring their propertry into compliance. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Specific Tasks Collect documents and review specific tasks. Review all relevant City/Authority agreements and documentation. Determine the status of project compliance. Identify adherence to annually specified rent restrictions. Review tenant income applications, tenant files and associated documents to determine existing compliance. Review property owner recertification compliance. Determine a Project Schedule following document review activities. Prepare and maintain a database in Microsoft Excel with pertinent and accurate records for compliance monitoring. Implementation Plan for monitoring compliance provided. Strategies to ensure client satisfaction. EXHIBIT A Project Schedule finalized upon completion of document review. City staff tasks/needs specifically outlined. Sample of compliance reporting format provided. C. CITY'S DUTIES AND RESPONSIBILITIES: Provide information and access as necessary. D. WORK PROGRAM/PROJECT SCHEDULE: TBD EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Our fee is based upon an estimate of the number of annual hours needed for each task. The table below provides a cost breakdown for the Fee Proposal. CITY OF HUNTINGTON BEACH AFFORDABLE HOUSING PROGRAM COMPLIANCE MONITORING•FY 201312014 Estimated Budget based on 200 units at approx 14 properties Principal!II Total Staffing Position director Assoc. ` Analyst Technician Cost Hourly Rate $210 1 $150 $125 $75 Estimated Hours by Activity YEAR ONE ACTIVITIES Project Document Review 5 1 5 10 40 $6,050 Database Creation 5 5 10 40 $6,050 Monitoring Compliance-HOMEICDBGISet-Aside _ Tenant File Recertification &Reporting __ 4 5 ; 10 80 $8,840 Property Inspections&Reporting 4 j 5 10 80 $8,840 TOTAL FOR YEAR ONE SERVICES 18 20 1 40 1 240 1$29,7801 If the tasks under the Methodology section are substantially changed in the future, RSG will notify the City and request a fee adjustment, The annual fee will be subject to an annual inflationary adjustment in accordance with the published Consumer Price Index pertinent to Orange County. B. Travel Charges for time during travel are not reimbursable. C. Billin 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any, such product, CITY shall identify specific requirements for satisfactory completion. 1 Exhibit B 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B AFFORDABLE HOUSING COMPLIANCE MONITORING RFP RESPONSES RFP Responses Rosenow Spevacek Group Inc. Hitta Mosesman 309 West 4t" Street Santa Ana, CA 92701-4502 714-541-4585 AmeriNational Community Services Inc. Adrienne Thorson 8121 East Florence Avenue Downey, CA 90240 507-377-6030, ext 1263 Urban Futures Bond Administration, Inc. Raette L. Frazeur 3111 North Tustin, Suite 230 Orange, CA 92865-1753 714-283-9334