Loading...
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. agree/swfnet/professional svcs to$49 10/12 1 of 11 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 agree/surfnet/professional svcs to$49 10/12 2 of 11 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 agree/surfnet/professional sves to$49 10/12 3of11 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 agree/surfnet/professional Svcs to$49 10/12 4of11 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. agree/surfnet/professional sves to$49 10/12 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of 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 sves to$49 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 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 agree/surfnet/professional svcs to$49 10/12 7 of 11 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 agree/surfnet/professional sves to$49 10/12 8 of 11 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and 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 to$49 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 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 agree/surfnet/professional svcs to$49 10/12 10 of 11 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 agree/surfnet/professional svcs to$49 10/12 11 of 11 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 1 S i i I 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: i i 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 i 3 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 f 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 Surfnet Exhibit 8 hourly l i i t i 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. i. it f i r. b V k 1! h i 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 I I 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 I I 1 { 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 "s f { 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