HomeMy WebLinkAboutValiant Training and Research Inc. - 2020-04-13 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
VALIANT TRAINING AND RESEARCH INC.
TO STAFF AND PROVIDE OVERSIGHT FOR A MEDICAL ADVICE LINE
FOR THE PUBLIC AND FOR EMPLOYEES
THIS AGREEMENT ("Agreement") is made and entered into by and tween the City of
Huntington Beach, a municipal corporation of the State of California, reinafter referred to as
"CITY," and Valiant Training and Research Inc., a corporatio of the State of California,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services a consultant to establish, administer,
provide oversight and staff a Medical Advice Lin operating under the City of Huntington
Beach's EMS System.
Pursuant to documentation on file i the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Ch ter 3.03, relating to procurement of professional service
contracts have been complied with; nd
CONSULTANT has be selected to perform these services,
NOW, THEREFO , it is agreed by CITY and CONSULTANT as follows:
1. SCOPE F SERVICES
CO ULTANT shall provide all services as described in Exhibit "A," which is
attached hereto d incorporated into this Agreement by this reference. These services shall
sometimes reinafter be referred to as the "PROJECT."
CONSULTANT hereby designates David Chen, M.D., who shall represent it and
be i sole contact and agent in all consultations with CITY during the performance of this
greement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in e
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CO ULTANT are to
commence on , j 1 , 2020 (the "Commencement D e"). This Agreement
shall automatically terminate three (3) years from the Commence nt Date, unless extended or
sooner terminated as provided herein. The time for perfo ance 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 writin y CITY and CONSULTANT.
In the event the Commenc ent Date precedes the Effective Date,
CONSULTANT shall be bound by all terms d conditions as provided herein.
4. COMPENSATION
In consideration of t performance of the services described herein, CITY agrees
to pay CONSULTANT on a 'me and materials basis at the rates specified in Exhibit "A,"
which is attached hereto a incorporated by reference into this Agreement, a fee, including all
costs and expenses, no o exceed One Hundred Thousand Dollars ($100,000.00).
5. EX WORK
the event CITY requires additional services not included in Exhibit "A" or
changes in e scope of services described in Exhibit "A," CONSULTANT will undertake such
work ly after receiving written authorization from CITY. Additional compensation for such
ex a work shall be allowed only if the prior written approval of CITY is obtained.
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6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit " /NTS
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCU
CONSULTANT agrees that title to all materials prepared h eunder, including,
without limitation, all original drawings, designs, reports, both fi d and office notices,
calculations, computer code, language, data or programs, maps, emoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall rn these materials over to CITY
upon expiration or termination of this Agreement or up PROJECT completion, whichever
shall occur first. These materials may be used by CIT as it sees fit.
8. HOLD HARMLESS
A. CONSULTANT hereb agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or pointed officials, employees, agents and volunteers
from and against any and all claims, ages, losses, expenses,judgments, demands and defense
costs (including, without limitatio , costs and fees of litigation of every nature or liability of any
kind or nature) arising out o or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) n ligent (or alleged negligent) performance of this Agreement or its
failure to comply with ny of its obligations contained in this Agreement by CONSULTANT, its
officers, agents o employees except such loss or damage which was caused by the sole
negligence or llful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and e pense and CITY shall approve selection of CONSULTANT's counsel. This
indemni shall apply to all claims and liability regardless of whether any insurance policies are
appl' able. The policy limits do not act as limitation upon the amount of indemnification to be
ovided by CONSULTANT.
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B. To the extent that CONSULTANT performs "Design Professi al Services"
within the meaning of Civil Code Section 2782.8, then the following Hold armless provision
applies in place of subsection A above:
"CONSULTANT hereby agrees to protect, defend, i emnify and hold harmless
CITY and its officers, elected or appointed officials, employees gents and volunteers, from and
against any and all claims, damages, losses, expenses, de ands and defense costs (including,
without limitation, costs and fees of litigation of every ture or liability of any kind or nature) to
the extent that the claims against CONSULTA arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct f CONSULTANT. In no event shall the cost to
defend charged to CONSULTANT exceed ONSULTANT's proportionate percentage of fault.
However, notwithstanding the previou sentence, in the event one or more other defendants to
the claims and/or litigation is una e to pay its share of defense costs due to bankruptcy or
dissolution of the business, C NSULTANT 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 s provided in California Civil Code Section 2782.8.
C. Regar ess of whether subparagraph A or B applies, CITY shall be reimbursed by
CONSULTANT f all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity hall apply to all claims and liability regardless of whether any insurance policies
are applicab . The policy limits do not act as a limitation upon the amount of indemnification to
be provi d by CONSULTANT.
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9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liab' ity
insurance policy covering the work performed by it hereunder. This policy shal provide
coverage for CONSULTANT's professional liability in an amount not less tha ne Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-m tioned insurance
shall not contain a self-insured retention without the express written co ent of CITY; however
an insurance policy "deductible" of Ten Thousand Dollars ($10,000 0) or less is permitted. A
claims-made policy shall be acceptable if the policy further prov' es that:
A. The policy retroactive date coincides ith or precedes the initiation of the
scope of work (including subse uent policies purchased as renewals or
replacements).
B. CONSULTANT shall otify CITY of circumstances or incidents that
might give rise to re claims.
CONSULTANT will ke every effort to maintain similar insurance during the
required extended period of c erage following PROJECT completion. If insurance is
terminated for any reason, C SULTANT agrees to purchase an extended reporting provision
of at least two (2) years report claims arising from work performed in connection with this
Agreement.
If NSULTANT fails or refuses to produce or maintain the insurance required
by this sectio or fails or refuses to furnish the CITY with required proof that insurance has been
procured d is in force and paid for, the CITY shall have the right, at the CITY's election, to
forthw' terminate this Agreement. Such termination shall not effect Consultant's right to be
pai for its time and materials expended prior to notification of termination. CONSULTANT
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waives the right to receive compensation and agrees to indemnify the CITY for any ork
performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, C SULTANT shall
furnish to CITY a certificate of insurance subject to approval of the Cit Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the ce ificate shall:
A. provide the name and policy number of ch carrier and policy;
B. state that the policy is currently in fo e; and
C. shall promise that such policy s all not be suspended, voided or canceled
by either party, reduced in overage or in limits except after thirty (30)
days' prior written noti ; however, ten (10) days' prior written notice in
the event of cancell on for nonpayment of premium.
CONSULTANT shall intain the foregoing insurance coverage in force until the
work under this Agreement is fully ompleted and accepted by CITY.
The requirement or carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's de f se, hold harmless and indemnification obligations as set forth in
this Agreement. CITY r its representative shall at all times have the right to demand the
original or a copy of e policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premi ms on the insurance hereinabove required.
II. DEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreem nt as an independent contractor herein and not as an employee of CITY.
CO ULTANT shall secure at its own cost and expense, and be responsible for any and all
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payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agen and
employees and all business licenses, if any, in connection with the PROJECT and/or e services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in good and workmanlike
manner. CITY may terminate CONSULTANT's services hereun r at any time with or without
cause, and whether or not the PROJECT is fully complete. ny termination of this Agreement
by CITY shall be made in writing, notice of which s 1 be delivered to CONSULTANT as
provided herein. In the event of termination, all fi ished and unfinished documents, exhibits,
report, and evidence shall, at the option of CI , become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DE EGATION
This Agreement is a p rsonal service contract and the work hereunder shall not be
assigned, delegated or subcontra ed by CONSULTANT to any other person or entity without
the prior express written co sent of CITY. If an assignment, delegation or subcontract is
approved, all approved ssignees, delegates and subconsultants must satisfy the insurance
requirements as set fo h in Sections 9 and 10 hereinabove.
14. CO YRIGHTS/PATENTS
ITY shall own all rights to any patent or copyright on any work, item or material
produced a result of this Agreement.
-No A, MON TAKEN
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15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employ
in the work performed pursuant to this Agreement. No officer or employee of CITY sh have
any financial interest in this Agreement in violation of the applicable provisions of t California
Government Code.
16. NOTICES
Any notices, certificates, or other communications here der shall be given either
by personal delivery to CONSULTANT's agent (as designated in ection 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the s e in a sealed envelope, postage
prepaid, and depositing the same in the United States Po al Service, to the addresses specified
below. CITY and CONSULTANT may designate ifferent addresses to which subsequent
notices, certificates or other communications ' 1 be sent by notifying the other party via
personal delivery, a reputable overnight carrie or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach Valiant Training and Research Inc.
ATTN: Jeff Lopez ATTN: David Chen, M.D.
2000 Main Street 280 Cagney Lane#307
Huntington Beach, CA 92648 Newport Beach, CA 92663
17. CONSENT
When ITY's consent/approval is required under this Agreement, its
consent/approval fo one transaction or event shall not be deemed to be a consent/approval to
any subsequent currence of the same or any other transaction or event.
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18. MODIFICATION
No waiver or modification of any language in this Agreement shall b valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headi s, and descriptive
phrases at the beginning of the various sections in this Agreement are erely descriptive and are
included solely for convenience of reference only and are not repr sentative of matters included
or excluded from such provisions, and do not interpret, defin limit or describe, or construe the
intent of the parties or affect the construction or in rpretation of any provision of this
Agreement.
20. INTERPRETATION OF THIS A EMENT
The language of all parts of t s Agreement shall in all cases be construed as a
whole, according to its fair meaning, an not strictly for or against any of the parties. If any
provision of this Agreement is held y an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or inv id, such holding shall not invalidate or affect the remaining
covenants and provisions of is Agreement. No covenant or provision shall be deemed
dependent upon any other nless so expressly provided here. As used in this Agreement, the
masculine or neuter ge er and singular or plural number shall be deemed to include the other
whenever the conte so indicates or requires. Nothing contained herein shall be construed so as
to require the co mission of any act contrary to law, and wherever there is any conflict between
any provisio contained herein and any present or future statute, law, ordinance or regulation
contrary which the parties have no right to contract, then the latter shall prevail, and the
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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 bee prepared
and signed in counterparts as duplicate originals, each of which so executed shall rrespective of
the date of its execution and delivery, be deemed an original. Each duplic a original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full ompliance with the immigration
and naturalization laws of the United States and shall, in articular, comply with the provisions
of the United States Code regarding employment veri cation.
23. LEGAL SERVICES SUBCONT CTING PROHIBITED
CONSULTANT and CITY a ree that CITY is not liable for payment of any
subcontractor work involving legal;servi es, and that such legal services are expressly outside
the scope of services contemplatedereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter S /Ction 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not bi/liable for payment of any legal services expenses incurred by
i
CONSULTANT.
24. ATTOg�EY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
f
terms and/or pr visions of this Agreement or to secure the performance hereof, each party shall
bear its ow�attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney' fees from the nonprevailing party.
N Y EN
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25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and cont t survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in acc rdance with the laws of
the State of California.
27. SIGNATORIES
Each undersigned represents and warrants at its signature hereinbelow has the
power, authority and right to bind their respective p 'es to each of the terms of this Agreement,
and shall indemnify CITY fully for any injurie or damages to CITY in the event that such
authority or power is not, in fact, held by the 'gnatory or is withdrawn.
28. ENTIRETY
The parties acknowle a and agree that they are entering into this Agreement
freely and voluntarily following tensive arm's length negotiation, and that each has had the
opportunity to consult with le al counsel prior to executing this Agreement. The parties also
acknowledge and agree hat no representations, inducements, promises, agreements or
warranties, oral or oth rwise, have been made by that party or anyone acting on that party's
behalf, which are t embodied in this Agreement, and that that party has not executed this
Agreement in r iance on any representation, inducement, promise, agreement, warranty, fact or
circumstanc 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
Agre ment, and supersede all prior understandings and agreements whether oral or in writing
tween the parties respecting the subject matter hereof.
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29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Atto
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement be executed
by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTO BEACH,
VALIANT TRAINING AND RESEARCH, a ipal corporati of the State of California
INC. p
By: City Manag Director of Emergency Management
�uSD c,qEi✓
INITIA D AND APPROVED:
print name
ITS: (circle one)Chairman/President/Vice President
AND J z, Battalion Chief
APPROVED AS TO FORM:
By:
It IL)�—iz_
print name City Attorney dr
ITS: (circle one) Secretary/Chief Financial O cer/Asst.
Secretary—Treasurer Date l 3,11p
RECEIVE AND FILE:
City Clerk
Date y//yko
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Medical Advice Line for the City of Huntington Beach
Scope of Work:
The City of Huntington Beach has contracted with Valiant Training and Research Inc. to
staff and oversee the HB Ready Medical Advice Line. This service is being implement-
ed within the Huntington Beach Fire Department EMS system and will operate in com-
pliance with Orange County EMS policies and protocols to support 911 dispatch and
EMS response by reducing potential 911 calls and prioritizing an appropriate 911 re-
sponse by the EMS system.
The following services will be provided to the City of Huntingt Beach y Valiant Train-
ing and Research Inc. (Valiant Inc) for a period of 1 month beginning /ill l ith
a month to month continuation based upon mutual agreement thereafter based on a re-
assessment of the need to continue the service:
1.Establishment of a Medical Advice Line to p/ovide non-emergency/routine medical
advice to callers with the following goals:
1.Reducing fear in the community
2.Reducing the potential for the urrent COVID-19 pandemic to overwhelm
local 911 resources
3.Providing medically appropriate and safe guidance to those potentially in-
fected with COVID-19
4.Potentially providing/medical professionals who are unable to work or out of
work due to the COVID-19 pandemic with an income that can be earned
from home.
2.Medical oversight will be provided by CA licensed, ABEM Board Certified
Physcians from Valiant Training and Research Inc. - Dr. David Chen and Dr.
Joshua Bobko
1.Call takers will work under the medical director insurance and malpractice
coverage of the Valiant Inc.
2.Call takers will follow an algorithm created and updated by Valiant Inc. med-
iceo/directors.
3.Call takers will have continuous access to medical oversight. Procedures
for handling calls and medical information provided to callers will be updat-
ed and maintained by Valiant Inc on an ongoing basis during the period of
operations.
4. Valiant Inc. will maintain an up to date call log that will be accessible by
HBFD Administrators and the HB Call Center operations to coordinate
service to callers.
i. No HIPPA protected PHI will be collected by this service
Page 1 of 5
EXHIBIT A
ii. Information pertaining to Date/Time of call, Call Length, non-per-
sonally identifying tracking and call back information, general s-
position of each call will be logged.
iii. Call log information will not be released/disclosed to the public or
used for any marketing or financial purposes and will be kept in
confidence by Valiant Inc and its staff.
iv. Anonymous call log data may be used in collection//of statistics
and/or research, internal QI or academic purposes.
3.Call takers will be CA licensed registered nurses (RN), nurse practitioners (NP) or
physician assistants (PA) working as independent contractors for Valiant Inc.
1.The City may stipulate the number of hours of phone coverage (maximum
40 hours per call taker per week) scheduled�nd type of call takers they de-
sire with the understanding that this may li; it ability to staff operations de-
pending on the number of call takers desired.
2. Call takers will work on an independent contractor basis for Valiant Inc
who will maintain scheduling, accounting, payroll and issue 10-99 tax doc-
uments.
3. Valiant Inc. will verify contraszr's credentials, that current licensure to be
in good standing, administer secure information system access and prac-
tices, ensure that contractors adhere to ethical and professional practice
standards and maintai#privacy and confidentiality standards at all times.
4.Call takers will work off-site and may be reached via phone number (949)
455-9114.
5. Calls will be routed to the Medical Advice Line via the City of Huntington Beach's
standing call center based on outlined established protocols.
6. If the caller requires a translator to their preferred language, the call center will
have one of their/5taff stay on the line to act as a translator.
7.Call takers will be able to address caller's questions verbally over the phone.
1.If there/is an interest, the capability to communicate by videoconference
can b6 developed at a later time. Additional technology may require added
funding (ie. remote monitoring of vital signs, telemedicine capabilities, etc.)
fo hardware, administrative, training and insurance costs.
8.The medical advice line can operate on any schedule desired by the City with al-
lowances to provide for adequate staffing if there is a change from the current M-F
9a-5p proposed schedule.
Page 2 of 5
EXHIBIT A
The following are proposed fees for the service outlined above:
• Malpractice insurance will be paid for by the City of Huntington Beach directly to
the insurance carrier.
• Malpractice Insurance coverage will be provided by:
o NFP Property & Casualty Services, Inc.
0 3626 Crossings Drive I Prescott AZ 86305
o EMS Medical Directors Professional Liability EMS Medical Directors
General Liability Policy Aggregate
o EMS Medical Director Professional Liability & General Liability - Claims
Made & Reported Insurance.
o Limits of Liability $1,000,000 Per "Claim" 1,000,000 Per "Occurrence"
$3,000,000 Per "Aggregate" /
o Covered on the policy will be Valiant Training and Research Inc (Dr. David
Chen, Dr. Joshua Bobko), City of Huntington Beach, all contracted
providers RN/NP/PA who will be stiffing the call lines.
o Premium for Claims Made coveroge from the above insurance carrier has
been estimated to be: $ 5,860:69/12 months + $600.00/provider/12
months 1
c Tail liability insurance coverage of 2 additional years will be purchased by
the City of Huntington each prior to the termination of this contract.
Costs are estimated tf6 be 200% of the insurance premium of the last
year's annual policY,/premium.
c If the Medical Advice Line is terminated prior to the 1 year paid malprac-
tice insurance term, unused portion of the premium will be applied to the 2
year tail liability.
■ le. Ple call center is in operation for 6 months then terminated, the
remaining 6 months of malpractice insurance already paid for will
be applied and an additional 18 months of tail coverage will be pur-
chased to provide a full 24 months of tail insurance coverage.
■ le. If operations are terminated after 1 year, then an additional tail
insurance coverage will be purchased to ensure 24 months of tail
insurance coverage.
In the event that CA State Law creates a provision that removes the 24 month window
of malpractice liability for an EMS Medical Advice Line, the Tail Insurance coverage will
only bye required for the period of time not covered by any new exemptions.
Page 3 of 5
EXHIBIT A
General medical oversight at $2,500.00 per month
o This includes costs for medical director, infrastructure costs/ea
tenance of a HIPPA compliant messaging and logging systVoice, accounting, payroll, HR and administrative costs).
• Direct oversight per call taker at $50.00 per month beyond the first
on contract
• Hourly rate for call takers
RN- $35.00 per hour
o NP or PA- $40.00 per hour
o Call takers are ensured an aggregate of 50 min of rest time/lunch per 8
hour shift
• One-time $2,000.00 startup cost
o Recruitment cost, setup and other administrative mployment costs.
• Payment at initiation of contract will be $4,500.00 paid prior to beginning opera-
tions.
• Valiant Inc. will submit a bill to the City of Huntington Beach every 14th day from
the start of operations for the hours worked by the call takers, outlined will be the
number of hours worked by each caller and their per hour reimbursement rate,
and the monthly oversight and administrative fees.
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EXHIBIT A
Summary of costs to the City:
First Month/Startup Cost:
Liability Insurance for 12 months: $ 5,860.69 plus $1,200 to insure 2 call providers (paid
l
directly to insurance carrier by the City of Huntington Beach)
Startup costs for Valiant Inc: $4,500.00
Ongoing Monthly Cost
For coverage from 9AM-5PM, 5 days a week (8 hour shift) 40 hour week = 173.33
hours/provider
1.$2,500.00/month oversight
2.$6,067.00 per RN wages
3.$6,933.00 per NP or PA wages
4. $600 insurance coverage for /contract provider. Valiant may need to
contract with more providers tng requested based on provider
availability.
5.$50.00/call taker added direct oversight over 4 contract call takers
Example: Monthly cost of$9,433.0 for one nurse practitioner at the above hours (as-
suming nurse can work 40 hours,per week).
� /10/2020
David Chen, MD (Va 'antTraining and Research Inc.)
Page 5 of 5
EXHIBIT A
Switzer, Donna
From: Vigliotta, Mike
Sent: Monday, April 20, 2020 2:53 PM
To: Switzer, Donna
Cc: Kelemen, Chris
Subject: RE: Professional Services Contract with Valiant Training - RLS 2 8599
Hi Donna,
It is not the emergency nature of the Contract, but the declaration of an emergency by t e City Council that allows the
City Manager discretion.
Michael Vigliotta
Chief Assistant City Attorney
Office of the City Attorney
City of Huntington Beach
714-536-5552
Confidentiality Notice: This email may contain material that is confide al, privileged and/or attorney work-product for the sole use
of the addressee. Further,this email is protected under the Electron' Communications Privacy Act, 18 U.S.C.Sections 2510-
2522. Any review by, reliance,or distribution by others or forward' g to others without express permission of the author is strictly
prohibited. If you receive this transmission in error,you are advi d that any disclosure,copying,distribution,or the taking of any
action in reliance upon the communication is strictly prohibite . Moreover,any such inadvertent disclosure shall not compromise or
waive the attorney-client privilege as to this communication If you have received this communication in error, please immediately
notify the sender and delete this e-mail. Thank you.
From:Switzer, Donna <Donna.Switzer@surfci -hb.org>
Sent:Tuesday,April 14, 2020 3:22 PM
To:Vigliotta, Mike<MVigliotta@surfcity-h .org>
Cc: Kelemen,Chris<Chris@surfcity-hb.o >
Subject: RE: Professional Services Con act with Valiant Training- RLS 20-8599
Hi Mike,
Per our conversation, please f and an email regarding the emergency nature of the professional services contract.
Thank you.
DQrula.Sw%t,,er
Deputy City Clerk-Ci of Huntington Beach
2000 Main Street- untington Beach, CA 92648
(714)374-1649
Donna.Switzer urfcit -hb.or
F
rom- Chris<Chris@surfcity-hb.org>
April 14, 20201:54 PM
na <Donna.Switzer@surfcity-hb.org>
1
i
Cc: Lopez,Jeffrey<jlopez@surfcity-hb.orr>
Subject: Professional Services Contract with Valiant Training- RLS 20-8599
Donna,
just left the original signed Professional Services Contract with Valiant Training on
your desk for Battalion Chief Jeff Lopez (a copy is attached hereto). Let us know if you
need anything else from us.
Thank you.
Chris
Christina Ke%men- Sr Legal Assistant
Office of the City Attorney
City of Huntington Beach
ph. (714)536-5626
fax(714)374-9590
cell(794)307-3688
Confidentiality Notice: This email may contain material that is confidential,privileged and/or attorney
work product for the sole use of the addressee. Further, this email is protected under the Electronic
Communications Privacy Act, 98 U.S.C. Sections 2590-2522. Any review by, reliance, or distribution
by others or forwarding to others without express permission of the author is strictly prohibited. if
you receive this transmission in error,you are advised that any disclosure, copying, distribution, or
the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any
such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this
communication. lfyou have received this communication in error, please immediately notify the
sender and delete this e-mail. Thank you.
2
Switzer, Donna
From: Vigliotta, Mike
Sent: Monday, May 11, 2020 12:11 PM
To: Switzer, Donna
Cc: Hoffman, Michele
Subject: Valiant Agreement
Hi Donna,
To clarify the Valiant agreement issue. The City became aware of some contract requirements imposed by the Federal
Govt. with regard to reimbursement that were not in the original draft Valiant Agreement(that was executed by the City
and Valiant). We modified the agreement to include those provisions and executed a new agreement. The old agreement
should be removed from the system if possible. If not,there should be something in writing in the system(this email
perhaps?)that indicated the old agreement was superseded.
Michael Vigliotta
Chief Assistant City Attorney
Office of the City Attorney
City of Huntington Beach
714-536-5552
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