HomeMy WebLinkAboutNational Council for Community Development (NDC) - 2021-02-08 PROFESSIONAL SERVICES CONTRACT BETNVEF..N
THE CITY OF HUNTINGTON 13EAC1-I AND
NATIONAL COUNCIL FOR COMMUNITY DEVELOPMENT (NDC)
FOR
COVID-19 SMALL BUSINESS N91CRO GRANT PROGRAM
ADMINISTRATIVE SERVICES
THIS AGREEMEN"I' ("Agreement") is made and entered into by and between the
City of 1-luntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY," and , a National Council for Community Development (NDC). a
New York non-profit. hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide
Administrative Services for the COVID-19 Small Business Micro Grant Program; 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:
I. 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 Diana Sasser who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
�. TERNI: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to continence on February 8. 2021 (the "Commencement Date"). This Agreement shall
automatically temninate three Q) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than 3 years from the Commencement Date. The time for performance
of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This
schedule may be amended to benefit the PROJECT if mutually agreed to in writing by
CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "13," which is attached hereto and incorporated by reference into this Agreement.
a fee, including all costs and expenses. not to exceed Thirty Eight Thousand Eight
Hundred Eight Dollars (538,880).
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
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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 IIB.,,
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 oil-ice
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 tit.
8. 1-101-D HARMLESS
A. CONSULTANT hereby agrees to protect, defend. indemnil'y 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 tees 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 ol7icers, 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
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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.
13. To the extent that CONSULTANT performs "Design Professional
Services" within the meaning of' Civil Code Section 2782.8. then the following 1-fold
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 13 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 anv insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by CONSULTANT.
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9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work pertormed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars (SI,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 police "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 front work performed in
connection with this Agreement.
If CONSULTANT faits or refuses to produce or maintain the insurance
required by this section or Jails or refuses to furnish the CITY with required prool' 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
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effect Consultant's right to be paid for its time and materials expended prior to notification
of termination. CONSULTANT waives the right to receive compensation and agrees to
indemnif'v 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 CONSULTAN'T'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 hereinabovc required.
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1 I. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security. state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PIZOJ ECT 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 hercinabove.
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14. COP Y RIG FITS/PATENTS
CITY shall own all rights to any patent or copyright on any work. item or
material produced as a result of this Agreement.
15. CITY 17MPLOYEES 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 I
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 deliver, a reputable overnight carrier or U. S.
certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of 1-Iuntington Beach Diana Sasser
A'f-FN: Dahle Bulosan National Development Council
2000 Main Street I Battery Park Plaza
Huntington Beach, CA 92648 24 Whitehall St., Suite 710
New York, NY 10004
dsasser@iidconlinc.org
ndconlinc.org
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17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
IS. IvIODIPICATION
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
1-he 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
-I-he language ol-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
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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 ol'this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall.
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shalt 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 On; Chanter Section 309, the City Attorney is the exclusive
legal counsel for CITY: and CITY shall not be liable for payment of' any legal services
expenses incurred by CONSULTANT.
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24. ATTORNEY'S PEES
In the event suit is brought by either party to construe. interpret and/or
enforce the terms and/or provisions ol'this Agreement or to secure the performance hereof.
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL.
Terms and conditions of' this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAN
'['his 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 authoritv 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 free]y and voluntarily following extensive ann'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,
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promise, agreement, warranty. fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits. contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
29. EFFECTIVE: DATE
This Agreement shall be effective on the date of' its approval by the City
Attorney. This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers.
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
[COMPA :1 Califomia
By City Manager
f � INITIATED AND APPROVED:
prim name
ITS: (eimtr one)Chairn Iv '' P esidenl
AND Dahie Bulosan
APPROVED AS TO FORM:
By:
ryn �.
print name 17City Attorney
ITS: (eirck one)Sccrcwry/Chid Financial Of(cer/Am.
Sccra'ry—Tr cr Date
RECEIVE AND FILE:
City Clerk
Date
COUNTERPART
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CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
(COMPANY NAME( Calpara"la
By: City Manager
INITIATED AND APPROVED:
print name
ITS: (circle one)ChairmaNPresidentNice President D� �
AND a Bulosan
APPROVED AS TO FORM:
By:
M
print name amity Attorney
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary—Treasurer Date � '){ 1.2 dj—
RECEIVE AND FILE:
City Clerk
Date
COUNTERPART
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EXHIBIT "A"
COVID-19 Small Business Micro Grant Program
A. Statement of Work:
Administer the City of Huntington Beach's COVID-19 Small Business Micro Grant
Program. The City received $648,000 in funding from the County of Orange to support
small businesses affected by COVID-19.
COVID-19 Small Business Micro Grant Program Guidelines
The COVID-19 Small Business Micro Grant Program is intended to help support small
businesses in Huntington Beach who need assistance due to adverse economic effects
of the Coronavirus (COVID-19) public health emergency.
Grants will be distributed in the amount of $5,000 as reimbursement for allowable
expenses on a first-come, first-serve basis to eligible businesses that provide all
necessary documentation. Per the Subrecipient Agreement with the County of Orange,
all expenses are required to be incurred during the period that begins on December 31,
2020 and ends on June 30, 2021. Grant applications will be accepted starting April 5,
2021 to allow businesses time to incur expenses within the allowable time period and
compile required documentation.
To be eligible for the Grant Program, Applicants must be able to meet the following
eligibility requirements:
• Employs no fewer than two (2) and no more than ten (10) full or part-time W-2
employees
• Independently owned and operated with the principal office located in Huntington
Beach
• Currently has a valid business license in the City of Huntington Beach
• Has been negatively affected by Coronavirus (COVID-19) and will attest by
statement to this in the application
• Businesses that have not yet received any Coronavirus (COVID-19) grants from
the City of Huntington Beach will be prioritized
• Does not promote, sell, or advertise any products, ideas, or services that fail to
comply with all applicable laws, acts, regulations, rules and ordinances
• Is not under current governmental investigation nor currently a party to a civil or
criminal matter, nor has any outstanding violations, citations or other issue that
would put them in a situation other than in good standing with the City
• Is not owned (in whole or in part) or related to any individuals who are currently
employee of the City of Huntington Beach or who are currently an elected or
appointed official representing the City of Huntington Beach
• Complies with all grant funding requirements included in the Subrecipient
Agreement with the County of Orange (see attached)
• Per Federal guidelines, eligible businesses are those that meet at least one of the
following criteria:
o Business must have been deemed non-essential and forced to close
o Sales/Revenues must be down more than 25% since the start of the
COVID-19 Pandemic
o Business must have laid off at least 1 part-time or full-time employee
Allowed use of funds: Rent/lease payments, mortgage interest payments, utilities,
personal protective equipment, and other COVID-19 related operational or safety
expenses
B. CONSULTANT AND City Responsibilities:
Program Administration
The CONSULTANT will administer the program from the start to the end of the process.
Key components required includes the following:
• Assist City in developing the grant application/agreement. The City already has a
grant application/agreement that was used in the prior COVID-19 Small Business
Grant that can be used as a starting point.
• Develop and implement a marketing program including online flyers to distribute and
post on the City's website and other social media outlets with input from the City of
Huntington Beach.
• Conduct two Webinars to present the program guidelines and application process, as
well as answer any questions from the business community.
• Provide ongoing support to businesses with questions about the program and
application process.
• Provide online submittal process for the COVID-19 Small Business Micro Grant.
• Review applications for eligibility and adequacy of submitted documentation. Follow
up with businesses as needed.
• Provide a tracking system for the City to view the current status of the grant review
process.
• The City will confirm if the applicant has a valid business license.
• Provide all applications and submitted documentation to the City in electronic format
for record retention purposes.
• Distribute grant awards after final review and verification by the City. Grants are
awarded based on a first-come first-serve basis to eligible small businesses that
provide all necessary documentation.
C. Proposed Timeline
In order to distribute these funds to small businesses in our community as quickly as
possible, while ensuring the program is thoroughly marketed to all segments of the
business community to maximize awareness, fairness, and participation, staff is
proposing the following program timeline:
Date Action Item
02/16/2021 CONSULTANT assist city with finalizing the Online and paper
application.
02/22/2021 CONSULTANT and the City will begin marketing the program
with a press release, electronic flyer, social media posts, and
targeted outreach.
03/01/2021 Webinar to introduce the program and answer questions from
the business community, led by CONSULTANT
03/15/2021 2n° Webinar to introduce the program and answer questions
from the business community, led by CONSULTANT
04/05/2021 Application portal opens at 8:00 a.m.
04/09/2021 Application portal closes at 5:00 p.m.
04/12/2021 CONSULTANT begins reviewing applications
04/19/2021 - Ongoing CONSULTANT begins distributing grant awards after final
review and verification by the City. Grants are awarded
based on a first-come, first-serve basis to eligible small
businesses that provide all necessary documentation.
EXHIBIT "13"
Payment Schedule (Fixed Fee Payment)
I. CONSUI:PANT shall be entitled to monthly progress payments ol' ($9.720) toward the
fixed fee of Thirty Eight Thousand Eight Hundred Eighty Dollars ($38.880) set forth herein in
accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation and
other documentation prepared by CONSULTANT shall 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.
3. CONSUL_PANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement:
13) Describe the services performed:
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTAN'T'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.
4. 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.
Exhibit 13
131ZO1-I SSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNfINGTON BEACH AND
NATIONAL, COUNCIL FOR COMMUNITY DEVELOPMENT (NDC)
FOR
COVID-19 SMALL BUSINESS MICRO GRANT PROGRAMN
ADMINS RATION SERVICES
Table of Contents
1 Scope of Services.....................................................................................................I
ZCity Staff Assistance................................................................................................2
3 Term: Time of Performance.....................................................................................2
4 Compensation .........................................................................................................2
5 Extra Work..............................................................................................................2
6 Method of Pavment...................................................................................................
7 Disposition of Plans. Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate of Insurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
13 Assignment and Delegation......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
.. ..17 Consent ....... ..... ....................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation of this Agreement..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attomev's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entiretyy......................................................................................................................10
29 Effective Date.................................................................................I I
4CdR0e CERTIFICATE OF LIABILITY INSURANCE °A1e raeGG •yn
7123/2020
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: It the certlflcate holder Is an ADDITIONAL INSURED,the pollcy(les) 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 on endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsements.
PRODUCER kONT CT
N11ChalN OYdt
PO Box 2925 _
Arthur J. Gallagher Risk Management Services,, Inc OHpHMI _Eele 206-607-0957 �py
-
Tacoma WA 98401 AW1Reu MIChOb_DYck4gatg.con, _
Mq ER(Sj AE FORDINO COVERAGE SAID 9
NOUROt A:Federal Insurance Comte 20281
INSUII HAI IOF902 deaden a:Chubb Inclarretlly Insurance Company 12777
National Development Council eeNunRc:llndsrwlLen Ita London 18792
One Battery Park Plaza.Suite 710
24 Whitehall Street srwAnn D:
New York NY 10004 MmIt9
01aUREh F.
COVERAGES CERTIFICATE NUMBER:2027392483 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 UESCNI8ED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-- TM OF NSURANC[ -- POLICY LOM
A X rX2L1YERC4 GEMNAI UASAITY 35336064 51112020 L112021 EACHOCCI0WNCE 31000,000
CAMAGE CLAIMS MADE a OCCUR MMMM3° f 1.000000
WDC"Veyer Fnar S10000
PERSONAL a ADr YAIRY 61,000.000
GEM AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE s7.000.400
POLICY LI J� LOC PRO 18.OCAS PA00 82000000
OTHER.
f
A q0*01*9LISSRU" 715t7244 Wll2020 W1A7021 i1,000.OWIvry AUTO Booty FaAIRY rPv Orsini s
OW*40 WaID1aED e00t Y KAJRY(Per AruerNJ f
AUTOS ONLY AVTDaAUTTaa OILY X Auroa ora°v L
s
A X 1Is MMUAUAa X OCCUR 79698750 W112a20 5012021 EAGIOCCUWNNM 110.000.000
GRIN LIAa I I CLAIMS LMJE AGGREGATE 110.000000
X IFETENTM - -
e WOIMERSCONPENBAT*N 71656165 S112020 ShnO21 X
AIIONISKOYERa UA800TY
ANYMDPMETOWPARIN(P/Ca[Cu1NF YIN
❑ EA.EACH ACCIOEM i1,000,000 NIA
o ndalr MENOEIrt zCLWFU7
(YaMMarY In NMI EY OeEASE_EA EMPLOYEE s 1 000 OW
ZM
a COK114CH ur E U=1
PTUmtNAtloNs teiee ll.olFABE POLICY LYR i 1 000,aaD
C Envr a OmasNm EFp]0135901 W112019 a11g020 EdOA $3000,000
AnuMAWwMe S3000,000
rH $25,000
DESCRIPTION Of OFFRATIMS I LOCATTONO I VEINCLES (ACCRO let,Add lion*[RSmonn 3s"dV4.MOV NE Mlrnhed II IIIwS rParn a rpNbdl
Certificate holder Is additional Insured per attached endorsement. 30 days notice of cancellation eAcep1101Eay5 fGr 80 (nenl of premium
BY. L B.GA ES
CITY ATTORNEY
CITY OF HUN T INt,TON BEACH
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.
CIIy of Huntington Beach
20 O Main St AUTHOMZEDREPRESEWATNE
Huntington Beach CA 92646
4D1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
I
Conditions
Other Insurance We will share the remaining loss,if any,with any other insurance that is not described in this
(continued) Excess Insurance provision and was not negotiated specifically to apply In excess of the Limits Of
Insurance shown in the Declarations of this insurance.
Method of Sharing
If all of the other insurance permits contribution by equal shares,we will follow this method also.
Under this method each insurer contributes equal amounts until it has paid its applicable limits of
insurance or none of the loss remains•whichever comes first.
If any of the other insurance does not permit contribution by equal shares,we will contribute by
limits.Under this method,each insurei s share is based on the ratio of Its applicable limits of
insurance to the total applicable limits of insurance of all insurers.
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Premium Audit We will compute all premiums for this insurance in nccordance with our rules and rates.
In accordance with the Estimated Premiums section of the Premium Summary,premiums shown
with an asterisk(•)are estimated premiums and are subject to audit.
In addition to or in lieu of such designation in the Premium Summary,premiums may be designated
as estimated premiums elsewhere in this policy.In that cast,these premiums will also be subject to
audit,and the second paragraph of the Estimated Premiums section of the Premium Summary will
apply.
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Separation Of Insureds Except with respect to the Limits Of Insurance,and any rights or duties specifically assigned in this
insurance to the first named insured,this Insurance applies:
• as if each named insured were the only named insured;and
• separately to each insured against whom claim is made or suit is brought.
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Transfer Or Waiver Of We will waive the right of recovery we would otherwise have had against another person or
Rights Of Recovery organization,for loss to which this insurance applies,provided the insured has waived their rights
Against Others of recovery against such person or organization In a contract or agreement that is executed before
such loss.
To the extent that the lusured's rights to recover all or part of any payment made tinder this
insurance have not been waived,those rights are transferred to us.The insured must do nothing
after loss to impair them. At our request,the,insured will bring srll or transfer those rights to us
and help us enforce them.
This condition does not apply to medical expenses.
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i
GabXry Insurance
Form 17-02-3080(Rev.4-01) Contract Page 24 or 32
C H U B B' Liability Insurance
Endorsement
Policy Period MAY 1, 2020 To May 1,2021
Effective Date MAY 1, 2020
Policy Number 35336064
Insured NATIONAL COUNCIL FOR COMMUNITY
DEVELOPMENT INC. DBA NATIONAL
Name of Company FEDERAL WSURANCL'COMPANY
Date Issued APRIL 15,2019
erewaw;aw�avr.�cxrxtxcxxxttiemr�x.�aamxx'f�wwwaxsxa�suw:xwaeeAuarpwam+xcu;�rxtx*.:exarxAwxArxeAYmr„ v�:.a�ngra�xs�:esruxAY;n;.xwxrrrasraevr:exYaawva
This Endorsement applies to the following forms:
GENERAL LIABILITY
YI�YAWN.YM7KMY}kWrAAW.INPAM!lM1�0.ki'AYAY.H:NSFI'0[f]"S�YM'Pa4Cf.K[Gwk�lY'MT[kWCAYA AtlfkN.NG?mYAWKACWY'Si�YAYA
Under Who is An Insured,the following provision Is added.
Who Is An Insured
Additional Insured- persons or orgunizations shown in the Schedule are Insureds;but they are Insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is atTorded by
Or Organization this policy.
However,the person or organization is an Insured only:
• If and then only to the extent the person or orgunizxtlon is described in the Schedule•.
• to the extent such contract or agreement requires the person or organization to be afforded
statue as an insured;
• for uetivitics that did not occur,in whole or in part,before the execution of the contract or
agreement;and
• with respect to damages,loss,cost nr expense for injury or damage to which this insurance
applies.
No pmun or organization is atA Insured under this provision:
• that is mare specifically identified under any other provision of the Who Is An Insured
section(mgardle.r of any lindtalion applicable thereto).
• with respect to any assumption of liability(or another person or organization)by them in a
contract or agrectreni.'I'his Iimltation dues not apply to the liability for damages,loss,cost or
expense for injury or damuge,it)which this insurance upplies,that the person or organization
would have In the absence of such contract or agreement.
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Liability Insurance Additional Insured•Scheduled Person Or Organizatfon continued
Form 60-02-2367(Rev.5.07) Endorsement Page I
CHUBS'
Liability Endorsement
(continued)
Under Conditions,the following provision is udded to the condition titled Other Insurnuce.
Conditions
Other Insurance— If you are obligated,pursuant to a contract or agreement,(o provide the person or organization
Primary, Noncontributory shown In the Schedule with primary insurance such as Is afforded by(his policy,then in such case
Insurance—Scheduled this Insurance Is primary and we wilt not seek contribution from insurance available to such person
Person Or Organization or organization.
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Schedule
PERSONS OR ORGANIZATIONS'1'IIAT YOU ARE,OBLIGATED,PURSUANT TO
WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR
ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED
BY THIS POLICY;BUT THEY ARE INSUREDS ONLY IF AND'f0 THE
MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE
PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED.
❑OWEVER,NO PERSON OR ORGANIZATION 1S AN INSURED UNDRR THIS
PROVISION WHO IS MORE SPECIFICALLY DFSCRMED UNDER ANY OTHER
PROVISION OFT'HE WHO IS AN INSURED SECTION OFTHIS POLICY
(RFGARDL,ESS OP ANY LrMrl'ATION APPLIC'ABLIiTTIERETO).
All other terms and conditions remain unchanged.
Authorized Representative
Liability Insurance Additlonal Insured-Scheduled Poison or organization loot page
Form 80.02-2357(Rov.5.07) Endorsement Pogo 2
Request
Date
1/26/2021
Requester Name
Bulosan. Dahle
Department•
FINANCE
Protect Manager Name•
Bulosan. Carle
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
WITH THE SOLICITATION OR CONTRACT PROCESS.PART 1 MUST BE FILED WITH ALL APPROVED
CONTRACTS.
Briefly provide the purpose for the agreement`
COVID-19 Small Business Micro Grant Program Administration
Estimated cost of the services being sought*
S 64 800 00
Are sufficient funds available to fund this contract?•
• Yes No
If no, please explain*
Check below how the services will be obtained:•
A Bid solicitation process in accordance to the MC 3 03.060 procedures will be conducted.
MC 3.03.081b1-Other Interagency Agreement procedure will be utilized.
MC 3 03.08-Contract Limits of$30 000 or less exempt procedure will be util¢ed
• MC 8 61.0401-Contract is below simplified acquisition threshold exempt procedure for FEMA/Uniform
Gutlance/Federal Grant Funded
Check if applicable for contract provisions:
FEMA/Uniform Guaance/Federal Grant Funded (please also indicate on RLSI
Is this contract generally described on the list of professional service contracts approved by the City Council?11
the answer to this question is "No," the contract will require approval from the City Council.)*
• Yes Nu
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):
Business Unit . Fiscal Year* Dollar Amount` Description(auto-populates if account number is
Object Code* valid)
24430002.69365 2020-2021 5 22 680 00 Other Professonal Services
10035201 69365 2020-2021 $ 42.12D 00 Other Professional Services
Approval
Department Head Approval
Department Head Approver
Rief, Sunny
Date
1:2712021
Department Head Action
No Action Taken
Approve
Reject
Action Notes
This is a grant from the County of Orange funded with local funds.To be procured under Ordinance 4080
"Purchasing During a Proclaimed Emergency or Disaster."
Purchasing Approval
Purchasing Approver
Litvak Glynis
Date
1/28/2021
Purchasing Action
No Action Taken
Approve
Reject
Action Notes
Budget Approval
Budget Approver
Bubenheim. Serena
Date
112812021
Budget Action'
No Action Taken
Approve
Reject
Action Notes
CFO Approval
CFO Approver
Riet. Sunny
Date
128t2021
CFO Action"
No Action Taken
Approve
Reject
Action Notes
City Manager Approval
City Manager Approver
Hopkins Travis
Date
1128/2021
City Manager Action*
No Action Taken
Approve
Reject
Action Notes
24=1 Part 2 CFO AWO,,l
Professional Service Approval Form PART II
Request
Date
215'2021
Requester Name'
Bulosan Carle
Department
F INANCE
Project Manager Name"
Bulosan Dahle
PARTS 1 & 2 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY
THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART 1 &2 MUST BE FILED WITH ALL
APPROVED CONTRACTS.
Link to the related Laserfiche form(s)here
Name of consultant:a
National Council for Community Development
Amount of this contract a
S 38 880 00
Account Number and Contractual Dollar Amount
Business Unit. Fiscal Year* Dollar Amount Description(auto-populates if account number
Object Code* is valid)
24430002.69365 2020-202 S 2268000 Other Professional Services
1 D035201.69365 2020-202' S 16,200.00 Other Professional Services
Were formal written proposals requested from at least three available qualified consultants"+*
•' Yes No
Attach a list of consultants from whom proposals were requested(including a contact telephone number.)
Small Business Micro Grants List of Consultants docx 12.87KB
Attach Exhibit A.which describes the proposed scope of work.
E.h.bit A COVID-19 Small Business Micro Grant Program SOVY.docx 17.48KB
Attach Exhibit B.which describes the payment terms of the contract.'
ND(-.Contract Markup po' S O1MB
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2WO21 PH 2 CFO Appr
Approval
M1 1/acin cpll rote Wm ftmtWmawN sln 1473&5823+1WNbtln 212
COVID-19 Small Business Micro Grant Program Administration Services
Request for Quotes were sent to the fallowing list of consultants:
1. National Council for Community Development
• Diana L Sasser- dsasserandconhne.org
• Daniel Marsh III—(917)559-6188
2. CIELO
• John Hobson —(714)756-2006 x705
3. SBDC
• Mike Daniel—(657)278-5168