HomeMy WebLinkAboutStarling Thomas Concepts - by Jan Thomas - President - 2013-04-18 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
STARLING THOMAS CONCEPTS
FOR
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN CONSULTING
SERVICES
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 STARLING THOMAS CONCEPTS, a Sole Proprieter hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide crime
prevention/environmental design consulting 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 Jan Thomas who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on Apr 11 18 , 20 13 (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 three (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 thirty thousand Dollars ($30,000).
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
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work only 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.
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 apply to all claims and liability regardless of whether any insurance policies are
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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
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 insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
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forthwith terminate this Agreement. Such termination shall not affect 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.
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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.
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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 Starling Thomas Concepts
ATTN: Mindy James, Police Dept. ATTN: Jan Thomas
2000 Main Street PO Box 2201
Huntington Beach, CA 92648 Mission Viejo, CA 92690
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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
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to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and 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.
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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 parry shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the 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
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Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
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
Starling Thomas Concepts California
COMPANY NAME
Jan Thomas
By. Ac-rrN4 ce to Director/Chief
(Pursuant To HBMC§3.03.100)
-T'A)U -r14OMA5
print name
ITS: (circle one)Chairm residen e President
ED AS TO FORM:
AND r r,*,.l
City Att y OLO 7417�I k U
By: 3 l 3
Date
print iTarne
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer
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EXHIBIT "A"
A. STATEMENT OF WORK: {Narrative of work to be performed)
Provide Crime Prevention Through Environmental Design Consulting Services. The purpose of
such services is to eliminate or reduce criminal behavior and have a safer livable community.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
The Consultant is to provide the City with the following services:
1. Work with the Planning Department,Developers and Architects to ensure CPTED crime
prevention principles are incorporated in the design of new developments and
redevelopments of structures,schools and neighborhoods.
2. Work with City staff in developing and implementing CPTED ordinances that will
require site plan reviews with crime prevention in mind.
3. Attend Development Assistance Team (DAT) meetings on an"as needed"basis and work
with developers on conceptual plans.
4. Monitor crime trends and other public safety issues that could affect new developments,
redevelopments and existing developments.
5. Upon City request, visit sites in Huntington Beach and formulate recommendations to
mitigate specific problems and prevent future crime in the area. Provide a written report
or group presentation of recommended CPTED strategies.
6. Provide seminars to educate City staff on the principles of the Crime Prevention Through
Environmental Design.
7. Provide Personal Risk Assessment and Reduction seminars as determined by the Police
Department.
8. Provide consultation or training on CPTED issues to City of Huntington Beach Planning
staff, Planning Commission and Police Department as requested.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City staff should notify consultant of Development Assistance Team (DAT)meetings
that may concern public safety.
2. City staff should provide plans or other information necessary to assist Consultant in
accomplishing the scope of services specified in Section B of this exhibit.
D. WORK PROGRAM/PROJECT SCHEDULE:
To be determined
Surfnet Exhibit A
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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:
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Description of Services Year 1 Year 2 Year 3
CPTED Consulting $75 per hour $75 per hour $75 per hour
Total $not to exceed $10,000 $10,000 $10,000
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B. Travel. Charges for time during travel are not reimbursable
C. BIllinR
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
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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.
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 is
be unreasonably withheld. If CITY does not approve an invoice. CITY shall notify
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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 F
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.
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Surfnet Exhibit B hour]• 2
CITY OF HUNTINGTON BEACH
PROFESSIONAL SERVICES LISTING
FISCAL YEAR 2012/13
POLICE
Division or Fund Description Amount
Administrative Operations Crime prevention, Psychological and Ploygraph services $65,000
Executive Legal consultation services $2,000
Investigations Juvenile diversion services,Juvenile Rape exams, and blood
technician services $176,067
Uniform Gang services contract, SWAT and Pilot physical exams $67,402
Total Professional Services $310,469
City of Huntington Beach
Trial Balance Report
Object
Account Budget Actual Encumbrance Avail Funds
10070103-PD-Budget
NLSERYICES� `? 5s, OHM1 .
63125-Office Supplies 0 107 971 (1,078)
63225-Computer Supplies 0 0 0
64455-Books 181 0 (181)
64405-Books/Subscriptions 181 0 (181)
63000-Equipment and Supplies 4,500 4,500
63000-Equipment and Supplies 4,500 288 971 3,242
68575-Training-Tuition 110 0 (110)
68550-Training 110 0 (110)
68500-Conferences and Training 110 0 {110)
69365-Other Professional Services 6 6 909
69300-Professional Services 5,000
69300-Professional Services 5,006 6
77000-Interdepartmental Charges 0
78000-Expense Allowances 0 0 0
50000-EXPENDITURES 224,801 90,034 977 133,791
Tong, Philip
From: James, Mindy
Sent: Tuesday, March 12, 2013 1:07 PM
To: Tong, Philip
Subject: RE: Professional Services Approval Request
Phillip. . . .
The $30,000 is for three years contract term. For this FY, I am going to spend about $5,000
for this service. I will request budget for the future years.
Mindy
-----Original Message-----
From: Tong, Philip
Sent: Tuesday, March 12, 2013 11:38 AM
To: James, Mindy
Subject: Professional Services Approval Request
Mindy,
For the attached PSA request, you have insufficient funds in account 10070103.69365.
Philip Tong
City of Huntington Beach I Finance Department
2000 Main Street Huntington Beach, CA 92648
(714) 374-5361 0 (714) 374-1571 F
-----Original Message-----
From: finance copier(@surfcity-hb.org [mailto:finance copier(@surfcity-hb.org]
Sent: Tuesday, March 12, 2013 11:35 AM
To: Tong, Philip
Subject:
This E-mail was sent from "FOFinanceRicoh5001PS1365" (Aficio MP 5001).
Scan Date: 03.12.2013 11:35:04 (-0700)
Queries to: finance copier(@surfcity-hb.org
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A CITY OF HUNTINGTON BEACH RECEIVED
Professional Service Approval Form MAR 11 2013
` PART I
Date: 2l6/2013 Project Manager Name: Mindy James
Requested by Name if different from Project Manager: Mindy James
Department: C—haese-9 Mze—
PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,
FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT
PROCESS, PART/MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Briefly provide the purpose for the agreement:
Provide crime prevention through environmental design consulting servcies (CPTED). Servcies
will reduce and/or eliminate criminal behavior.
2) Estimated cast of the services being sought: $ 30,000 — ��''� �� Uhl
3) Are sufficient funds available to fund this contract? ® Yes ❑ No
If no, please explain:
4) Check below how the services will be obtained:
❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized-
® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized-
5) Is this contract generally described on the list of professional service contracts approved by the
City Council? If the answer to this uestion is "No," the contract will require approval from the
City Council ® Ye ❑ No
cal Services pager Signature Date
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6) Amount, Business Unit (8 digits) and Object Code (5 digits)where funds are budgeted `
(Please note that a budget check will occur at the object code level):
10070103,69365 $ 30000 $
$ $
$
3 l 3/0012
Budget Approval ate
Department Head ignature(s) Date
s
Di Finance's Signature Date
Deputy ity Manager's Signature Date
APPROVE ENEED ❑ F
6
Kify Manager's Signature Date
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CITY OF HUNTINGTON BEACH
.1
4 Professional Service Approval Form
ti :y
G � PART Ll
Date: 2/6/2013 Project Manager: Mindy James
Requested by Name if different from Project Manager.-
Department- Police
PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE
COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I
& II MUST BE FILED WITH ALL APPROVED CONTRACTS.
1) Name of consultant: Starling Thomas Concepts
2) Contract Number: POL 2013-3
(Contract numbers are obtained through Finance Administration x 5630)
3) Amount of this contract: $ 30,000 — �(tUn ►�C.� ;`l-Ccv�d
4) Is this contract less than $50,000? ® Yes ❑ No
5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
6) Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and
City Clerk. Make sure the appropriate signature page is.attached to the contract.)
7) Were formal written proposals requested from at least three available qualified
consultants? ❑ Yes ® No
8) Attach a list of consultants from whom proposals were requested (including a contact
telephone number.)
9). Attach Exhibit A, which describes the proposed scope of work.
10) Attach Exhibit B, which describes the payment terms of the contract.
Budget Approval Signatur Date
Director of Fi nce (or designee) Signature Date