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HomeMy WebLinkAboutHDL Coren & Cone - 2019-12-01 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDL COREN & CONE FOR MUNICIPAL PROPERTY TAX AUDIT SERVICES 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 HDL COREN & CONE, a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 1, 2019, entitled "Professional Services Contract Between the City of Huntington Beach and HDL Coren & Cone for Municipal Property Tax Audit Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Ten Thousand Six Hundred Forty One Dollars ($10,641.00). The additional sum shall be added to the original sum of Eighty Three Thousand Eight Hundred Fifty Nine Dollars ($83,859.00), for a new contract amount not to exceed Ninety Four Thousand Five Hundred Dollars ($94,500.00). 22-11490/287014 1 2. TERM The term of the Agreement is extended for one additional month until December 31, 2022. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for 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 on o�/`rt , 2022. HDL COREN& CONE CITY OF HUNTINGTON BEACH, a municipal T5Toration of the State of C Calif is SOO-: print name ITS: (circle one)Chairman/President/ ice Preside City Manag City Clerk By: &-tf�- `qA'0%p so' INITIATED AND APPROVED: print name ITS: (circle one)Secretary/Chie Financial Officer/Asst. ecre a -Treasurer Chief Financial Officer APPROVED AS T FORM: City Attorney COUNTERPART 22-11490/287014 2 2. TERM The term of the Agreement is extended for one additional month until December 31, 2022. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for 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 on �� , 2022. HDL COREN & CONE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Calif rnia By: print name ITS: (circle one)Chairman/President/Vice President City M er 1� AND By: City Clerk �.2! INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Chief ial fficer APPROVED AS T FORM: n City Attorney COUNTERPART 22-11490/287014 2 c_ '44:�,O CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 5/27/2022 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((es)must have ADDITIONAL INSURED provisions or 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 Ileu of such endorsoment(s). PRODUCER NAME CT Audrey Curtis Woodruff Sawyer PHONE .949-435-7345 119 2 Park Plaza,Suite 500 E-MAIL A/C No Irvine CA 92614 ADDRESS: acurtls woodruffsa er.com INSURERS AFFORDING COVERAGE NAIC N INSURER A:Continental Casualty Company 20443 INSURED HDLCORE-Ot INSURERB:Valley Fore Insurance Company 20508 HdL Coren&Cone 120 S.State College Blvd.,Suite 200 INSURERC: Brea CA 92821 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:975386202 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. LR L BR D MIDDEXPT TYPE OF INSURANCE I POLICYNUMBER MM/DT POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY 136025253592 6/15/2022 6/15/2023 EACH OCCURRENCE $2.000,000 CLAIMS-MADE a OCCUR PREMISES Ea occurrence $1,00D,000 MED EXP(Any oneperson) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,D00,000 X POLICY❑jECT a LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: APP' S TO FORM $ A AUTOMOBILE LIABILITY B6026253592 i 6115 1D2Z 6/15/2023 COMBINED SINGLE LIMIT 51,000,000 E acciden ANY AUTO BODILY INJURY(Per person) $ AUTOS ONLY AUTOSULED NE MAf:l. GATES BODILY INJURY(Per accident) $ HIRED NON-OWNED .OTY A ORNEY X AUTOS ONLY AUTOS ONLY Cf VY M HUNTI GTON BEA H PROPERTY DAMAGE MAGE $ $ A X UMBRELLA LIAR X OCCUR B6025253611 6/15/2022 6/15/2023 EACH OCCURRENCE $1,000,000 _ ExcESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$in nnn I I S B WORKERS COMPENSATION WC625253608 6115/2022 6/15/2023 X PER OTH. AND EMPLOYERS'LIABILITY YIN _STATU ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDEDI NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 DUes,describe under — DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professionai Llability 652117825 6/15/2022 6/16/2023 �Eachc'alm $2,000,000 Cyber Liability Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are included as additional insured as respects General Liability to the extent provided in the attached form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 *2�— - - 01988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered(narks of ACORD CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 5/31/2022 2. Contract Number to be Amended: 19-8117/217665 3. Department: Finance 4. Requested By: Serena Bubenheim 5. Name of Consultant: HdL Coren & Cone 6. Amount of Original/Prior Contract: $83,859 7. Additional Compensation Requested: $10,641 8. Original Commencement Date: December 1, 2019 9. Original Termination Date: November 30, 2022 10. Extended Date Requested: December 31, 2022 11. Reason for Contract Amendment: Increase NTE and term for sufficient funding through calendar year end. S/31 /2u2z Purchasing Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 22/23 19/20 20/21 21/22 10035201.69365 $11,250 $22,840 $48,300 $12,110 - 5j3i/Z�ZZ Budget Ap roval Signature Date 0 2 3- Department Head Signature Pate :��:UA, 0',-PO I , Z City anager Approval Si nature Date professional service approval form-amendment 1 -hdl REV: 2016 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDL COREN & CONE FOR MUNICIPAL PROPERTY TAX AUDIT 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 HDL Coren & Cone, a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide municipal property tax auditing 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 Paula Cone who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 of 12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 I this Agreement. The services of CONSULTANT are to commence on_D-44 wtLe P- , 2019 (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 Eighty Three Thousand Eight Hundred Fifty-Nine Dollars (83,859.00). 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 2of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 A. 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 3of12 19-8117/217665 agree/surf iet/professional Svcs 50 to 100 05/19-204133 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 4of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 5of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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. 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. 6of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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. 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. 7of12 19-8117/217665 agree/surfnet/professional sves 50 to 100 05/19-204133 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 HDL Coren & Cone ATTN: Paulina Flores ATTN: Paula Cone 2000 Main Street 120 S. State College Blvd. 9200 Huntington Beach, CA 92648 Brea, CA 92821 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. 8of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 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 9of12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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. 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. 10 of 12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 party'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 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. 11 of 12 19-8117/217665 agree/surfnet/professional svcs 50 to 100 05/19-204133 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 HDL Coren& Cone California By: _ City Manager print name INITIATED AND APPROVED: ITS: (circle one)Chai /Presiders - e President END ""r Chief Financial Officer By: 2 APPROVED AS TO FORM: b�� Sc��iQrel- print name ITS: (circle one)Secretary/'hief Financial Offic -/Asst. City Attorney !1k)J1 Secretary—Treasurer Date RECEIVE AND FILE: City Clerk Date COUNTERPART 12 of 12 19-8117/217665 agree/surfnet/professional Svcs 50 to 100 05/19-204133 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 HDL Coren & Cone is By: , City Manager print name INITIATED AND APPROVED: ITS: (circle one)Chairman/President/Vice President AND — Chief Financial Officer By: APPROVED AS FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. C. y Attorney Secretary—Treasurer Date RECEIVE AND FILE: 4�3� �&�anmj� City Clerk Date //�•Z•?��'� C COUNTERPART 12 of 12 19-8117/217665 agree/surfnet/professional Svcs 50 to 100 05/19-204133 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The City of Huntington Beach seeks to retain the services of an independent auditor to provide auditing, revenue projections and misallocation recovery services of all property tax revenues in the City. Additionally, the City has a former redevelopment project area that the City serves as the Successor Agency for. The City is looking for a property tax consultant with knowledge and expertise in tax equity allocations and redevelopment project areas to provide financial, audit, economic development, and legislative consulting as it relates to property taxes. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: BASIC SERVICES 1. Provide user-friendly software program accessible to City staff with annual electronic database of the City's property tax data, and two copies of City's property tax report. The property tax data and property tax report will include the following features at minimum: a. Assessed values for the secured and unsecured property tax rolls. b. Tracking and trend analysis of property transfers, use type comparisons, pre-Prop 13 assessment parcels, new construction activity, owners of multiple parcels, and absentee owner parcels. Data will be provided to assist City staff in fiscal, economic and community development planning. c. Deliverables on the data shall be APN-indexed. 2. Provide training to City staff on the use of software program. 3. Update reports identifying property transfers on an annual basis. 4. The major property owners and property taxpayer listings shall be provided on an annual basis. 5. Identify errors, analyze City tax rate areas (TRA) and taxing agencies, and provide comparative information. Provide printouts, graphs, and comparative data on a quarterly basis. 6. Verify all the parcels within the City limits are correctly recorded in the County Assessor's Office. 7. Provide the base year values by tax rate area for all project areas related to the Successor Agency and verify all parcels are correctly assigned to tax rate areas and taxing agencies. 8. Identify and verify, in both the City and within the Successor Agency Project Areas, parcels that are misassigned by tax rate area. Provide the correct TRA designation to the proper county agency. 9. Reconcile the annual Auditor Controller assessed valuations report to the Assessor's lien date rolls and identify discrepancies. 10. Review parcels on the unsecured roll to identify inconsistencies such as value reductions and other errors involving tax rate areas. 11. Track property transfers and new construction completions to determine whether reassessment is performed within a reasonable period. The City will be notified of parcels that have failed to be reassessed. EXHIBIT A 12. Provide technical support to City staff on property tax related issues. 13. Conduct analyses based on geographic areas designated by the City. Include assessed valuations and square footage computations for use in Successor Agency and community development planning. 14. Consultant shall serve as the City's resource staff on questions related to property tax and assist in estimating property tax revenues and other related services. 15. Generate specialized reports, which may require additional programming or the purchase of additional data. 16. Conduct research with County agencies for which Contractor does not have current database. 17. Review and analyze fiscal agreements related to the Successor Agency to verify tax increment projects, pass-through monies, and developer tax increment guarantees. 18. Recalculate and verify the accuracy of funds distributed by the County for pass- through calculations and residual distributions related to the Successor Agency. Additional Services For an additional fee, provide the following services: 1. The City of Huntington Beach desires the following specifications for all software application programs offered: a. SQL Server Database Format b. VMWare Virtual Server Compatible c. Window GUI or Web-based Interface C. CITY'S DUTIES AND RESPONSIBILITIES: City agrees to provide the following information: 1. Current City map. 2. Reports received by the City annually from the Auditors' office certifying the tax roll. 3. Parcel listing and maps of City parcel annexations since the lien date roll. 4. A listing of the City levies of voter approved over-ride tax rates. EXHIBIT A D. WORK PROGRAM/PROJECT SCHEDULE: Task Acquisition of data from the Assessor, Auditor Controller and Clerk of the Board Data decoded and read into HdLCC system Post updated data set on Web-based HdLCC Property Tax Portal Secured and unsecured audits performed Data Reconciliation and processing for deliverables Print and prepare CD with reports. Analyze information for meeting, prepare newsletter, produce additional handouts, prepare CD with reports Update database with sales transactions monthly Revenue projections Residual Revenue Projections Addendum Report preparation Ongoing requests, software training, special projects Legislative Updates 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: See attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done quarterly 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 quarter'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 quarterly 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. 1 Exhibit B 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 City of Huntington Beach Property Tax Auditing Services Staff: Paula Cone — Delivery, Main Contact Joel Hermann — Training John Davis — Audits Nichole Cone — Special Projects David Schey — Successor Agency City of Buena Park--Property Tax Audio and Management Services 1998 to Present Sung Hyun, Director of Finance (714) 562-3713 s__ _run buenapark.com Staff: David Schey — Delivery, Main Contact, Successor Agency Joel Hermann —Training John Davis — Audits F. FEE PROPOSAL . .._. .... _ . __ . . -- _. __ _ Service Provided FY 19/20 FY 20/21 FY 21/22 .......... ......... ..... ... ........ ......................... ... .. Property Tax Revenue Recovery and Auditing Services $22,500 ` $22,950 $23,409 I Contingency Percentage .. _...... FY 19/20 ' FY 20/21 FY 21/22 ..... ... 25% of net recovery not to exceed ....... ........._ Contingency fee based on net general fund or tax increment audit recovery $5,000 $5,000 $5,000 Hourly Rates ... Additional Work as requested Partner $225 ................ .......... Principal $195 .... ......... . - ... Associate $150 Programmer $175 .... _ Senior Analyst $100 i ........, Analyst Administrative $45 19 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HDL COREN & CONE FOR MUNICIPAL PROPERTY TAX AUDIT SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time 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.............................................................................5 10 Certificate of Insurance............................................................................................6 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................7 13 Assignment and Delegation......................................................................................7 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................8 16 Notices........................................................................................ 8 17 Consent....................................................................................................................8 18 Modification.............................................................................................................9 19 Section Headings .....................................................................................................9 20 Interpretation of this Agreement..............................................................................9 21 Duplicate Original....................................................................................................10 22 Immigration...............................................................................................................10 23 Legal Services Subcontracting Prohibited................................................................10 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................II 26 Governing Law .........................................................................................................11 27 Signatories.................................................................................................................11 28 Entirety......................................................................................................................11 29 Effective Date.................................................................................12 CERTIFICATE OF LIABILITY INSURANCE DATs/Zo/2O1s) 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 have ADDITIONAL INSURED provisions or 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 NA CONTACT Woodruff Sawyer PHONE Sergio Nilchian FAX 2 Park Plaza,Suite 500 A/c No EXt:949-383-0448 A/c No:949-476-3118 Irvine CA 9`2614 ADDRESS, snilchian@woodruffsawyer.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Continental Casualty Company 20443 INSURED HDLCORE-01 INSURER B:National Fire Insurance Company of Hartford 20478 HdL Coren&Cone 120 S.State College Blvd.,Suite 200 INSURERC: Brea CA 92821 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1732155634 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. POLICY LTR TYPE OF INSURANCE INSD WVDR POLICY NUMBER MMLDDY EFF MM/DD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 6025253592 6/15/2019 6/15/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FK OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY _$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑PRO- JECT ❑LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER, $ A AUTOMOBILE LIABILITY 6025253592 6/15/2019 6/15/2020 COMBINEDSINGLELIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS SCHEDULED AUTOS ONLY BODILY INJURY(Per accident) $ X HIRED �( NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 6025253611 6/15/2019 6/15/2020 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$In nnn I I F $ B WORKERS COMPENSATION 6025253608 6/15/2019 6/15/2020 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N I PER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A (Mandatory N E.L.EACH ACCIDENT $1,000,000 R/MEM EREXCLUDED7 (Mandatory in NH) APPROVED AS TD FO fig; E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below '" E.L.DISEASE-POLICY LIMIT $1,000,000 A Cyber Liability 6521')f$25 6/15/2020 Each Claim 2,000,000 Errors&Omissions F•--..r - Aggregate 2,000,000 MICNAEL E.GATES 'f 11+ATTORNEY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Addi Iona e a Wa8ed if more space is required) *30 day notice o cancellation,10 days for nonpayment. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named Additional Insured as respects General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD C/VA SB146932F (Ed.6-16) ADDITIONAL INSURED ENDORSEMENT AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: Schedule: City of Huntington Beach 2000 Main Street BUSINESSOWNERS LIABILITY COVERAGE FORM Huntington Beach,CA 92648 BUSINESSOWNERS COMMON POLICY CONDITIONS BUSINESSOWNERS HIRED AND NON-OWNED AUTO TABLE OF CONTENTS I. Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." 11. Liability Extension Coverages A. Bodily Iniury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Iniury—Discrimination or Humiliation F. Personal and Advertising Iniury—Broadened Eviction G. Waiver of Subrogation-Blanket 1. ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a"written contract"to provide insurance, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Policy No: 6025253592 Effective: 06/1 s/2019 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed.6-16) e. ny ai ure o make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient,part or container,entering into,accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3J. below whom you are required to add as an additional insured on this policy under a"written contract.": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such"written contract"; b. Coverage broader than required by such"written contract"and in no event greater than that described by the applicable paragraph a.through k.below;or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3J.below. N Any coverage granted by this endorsement shall apply only to the extent permitted by law. a 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of (1) such person or organization's financial control of you;or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these . premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed. 6-16) b. o-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for"bodily injury", "property damage" or"personal and advertising injury"as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or"property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the"occurrence"giving rise to such"bodily injury"or"property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for"bodily injury", "property damage"or"personal and advertising injury" arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury","property damage"or"personal and advertising injury"arising out of: (1) The following hazards in.connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction,erection,or removal of elevators;or (c) The ownership, maintenance or use of any elevators covered by this insurance;or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed.6-16) e permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b) "Bodily injury"or"property damage"included within the"products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. I. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury"cause by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for"bodily injury', "property damage" or"personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering or failure to render any professional services; (2) For"bodily injury"or"property damage"included in the"products-completed operations hazard." But this provision(2)does not apply to such"bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract';and (b) The "written contract" requires you to make the person or organization an additional insured for such"bodily injury"or"property damage'; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. N C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 0 0 With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis.However, if a"written contract"requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract" means a written contract or agreement that requires you to make'a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and b. Was executed prior to: SB146932F(6-16) Page 4of7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed.6-16) e"bodily injury"or"property damage';or (2) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such "occurrence,"offense, claim or"suit"is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B.Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care,custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4,of this exclusion do not apply to"property damage" (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive CITY OF HUNTINGTON BEACH Professional Service Approval Form PART II Date: 10/24/2019 Project Manager: Paulina Flores Requested by Name if different from Project Manager: Tam Ho Department: Finance PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: HDL COREN &CONE 2) Contract Number: FIN 19-001 3) Amount of this contract: $83,859 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 20/21 21/22 10035201.69365 $27,500 $27,950 $28,409 $ 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. tt / 3 Department Head Date Prin pal Finance Analyst(Purchasing) bat6 64� L Oak MfiL/A1,4- //A Budg t Manag r Approval Signature ate Chief Financial Officer(or designee) Signature I Da e professional service approval form-part ii revised REV: 10/2019 RCITY OF HUNTIN TON BEACH Professional Service Approval Form PART I Date: 8/1312019 Project Manager Name: Paulina Flores Requested by Name if different from Project Manager: Tam Ho Department: Finance PARTS 1 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL,..BEFORE PROCEEDING WITHTHE SOLICITATION OR CONTRACT PROCESS. PART f MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement:. Consultant to provide property tax audit and compliance services for the City of Huntington Beach 2) Estimated cost of the services being sought: $,82,500 total for three years 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'Sid 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 Councii? If the answer to this question is"No,"the contract will require approval from the City Council,} Yes ❑ No Fiscal Services Manager Signature(Purchasing,Approval) I p e 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): Account number Contractual Dollar Amount Business unit.obJect.# Fiscal Year Fiscal Year. Fiscal Year Fiscal Year 2019120 2020121 2021/22 10035201.69300 $27,500 $27,500 $27,500 $: $ $ $.. $ $ Is $ $: PudNkpproval Date Dep rtment Head Signature(s) ate ell Chief Financial Offic r Signature Date Assistant City McMagers Signature Ddte APPROVED, DENIED❑ ..�'� City Manager's Sign re Date professional service approval form-part i_hdi property tax 8.13.19 REV;February 2015. .._.._....... y N N N � }}N N N CD CL w tl N N �• � N N. LL .. Y. Y. p O V1 a � � C14; O w x ¢+ v : o0 o a M 40 ti. CCI o A N E N ;N d�" a cV 4& 4 4 49 «. �a I- <'� q n m d t0 41 can S C c c .o m � Cx x C � Y.h 3 0 no W!$ ai rn a: 0 w N wi V Switzer, Donna From: Flores, Paulina Sent: Wednesday, November 27, 2019 8:57 AM To: Switzer, Donna Cc: Vi, Thuy Subject: FW: HDL Coren &Cohen Contract Hi Donna, Please see below requested bid list. Only HDL Coren &Cone responded to the bid request. Thank you. Paulina From:Serrano, Cathleen <cathleen.serrano@surfcity-hb.org> Sent:Wednesday, November 27, 2019 8:55 AM To: Flores, Paulina <Paulina.Flores@surfcity-hb.org> Subject: RE: HDL Coren &Cohen Contract Please see the report below. y� Documents& Prospective Addenda& LL _ Project Bid InfOrmatbn Line Item Attachments Bidders Q&A Emails Bid Result : Eject valuation Select All Select None Update Selected VBID Vendor(1) Vendor Type Bid Amount Ranking Format Submit Date IJ 190696 HdL Coren&Cone $0.0000 0 Electronic 09/23/2019 2:35:02 PM ✓ Make Bid Results Public Special Notes Level of Detail f All Line Items and Totals Show Status Yes, no comment Vendor Detaill"i Complete Vendor info Display Ranking Yes Project Reports Print Re-issue Bid 2 From: Flores, Paulina <Paulina.Flores@surfcity-hb.org> Sent:Tuesday, November 26, 2019 6:01 PM To: Serrano, Cathleen<cathleen.serrano@surfcity-hb.org> Subject: RE: HDL Coren & Cohen Contract I can't open the attachment. Could you kindly resend? Thank you. Paulina From: Serrano, Cathleen <cath lee n.serrano@surfcity-hb.org> Sent:Tuesday, November 26, 2019 1:48 PM To: Flores, Paulina <Paulina.FloresCa@surfcity-hb.org> Subject: RE: HDL Coren & Cohen Contract Please find bid results attached. Tk L+-.k. 90-w, C *,.4�Serra*w-, Bwyer C 9 of H gfci, 66ae (71-4)9100-8 878 Ca-fkitz,-,.Se rra.,w@scar y-kb,o-rg From: Flores, Paulina <Paulina.Flores@surfcitV-hb.org> Sent:Tuesday, November 26, 2019 9:28 AM To: Serrano, Cathleen <cathleen.serrano@surfcity-hb.org> Subject: FW: HDL Coren &Cohen Contract Hi Cathleen, Could you kindly provide proof that it went out to bid and no one else responded on the Property Tax Audit Services? Thank you. Paulina From: Vi, Thuy<TVi@surfcity-hb.org> Sent: Tuesday, November 26, 2019 9:24 AM To: Flores, Paulina <Paulina.Flores@surfcity-hb.org> Subject: FW: HDL Coren &Cohen Contract Hi Paulina, Donna is requesting a bid list for this contract. Please see below. Thank you. 3 Thuy From: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent:Tuesday, November 26, 2019 9:03 AM To:Vi,Thuy<TVi@surfcity-hb.org> Subject: RE: HDL Coren &Cohen Contract Good morning Thuy, You're so welcome! Do you have a bid list for this contract?We need to include evidence that formal written proposals were requested from at least three qualified consultants. Thank you! Donna From:Vi,Thuy<TVi@surfcity-hb.ore> Sent: Monday, November 25, 2019 5:34 PM To:Switzer, Donna <Donna.Switzer@surfcity-hb.ore> Subject: RE: HDL Coren &Cohen Contract Thank you, thank you! Sorry you're so busy. Have a great Thanksgiving! Thuy From:Switzer, Donna <Donna.Switzer surfcity-hb.ore> Sent: Monday, November 25, 2019 5:22 PM To:Vi,Thuy<TVi@surfcity-hb.org> Subject: RE: HDL Coren &Cohen Contract Here you go Thuy! It'll be in Laserfiche soon.Our scan desk is a bit backed up right now and our passport counter has been extremely busy. Donna From:Vi, Thuy<TVi@surfcity-hb.org> Sent: Monday, November 25, 2019 5:00 PM To:Switzer, Donna <Don na.Switzer@su rfcity-h b.org> Subject: HDL Coren & Cohen Contract Hi Donna, Please let me know if you have the fully executed HDL Coren &Cohen Contract for Property Tax Audit Services. I didn't see it in Laserfiche. Thank you. Thuy 4 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ wvw.huntingtonbeachca.gov i Office of the City Clerk Robin Estanislau, City Clerk November 26, 2019 HDL Coren & Cone Attn: Paula Cone 120 S. State College Blvd., #200 Brea, CA 92821 Dear Ms. Cone: Enclosed is a fully executed duplicate original of the "Professional Services Contract between the City of Huntington Beach and HDL Coren & Cone for Municipal Property Tax Audit Services." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand