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HomeMy WebLinkAboutGRC Associates, Inc. - 2021-07-01 (2) Pt-d-iiyu-L-12) AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM 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 GRC ASSOCIATES, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program"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 Thirty Two Thousand Four Hundred Dollars ($32,400). The additional sum shall be added to the original sum of One Hundred Twenty Eight Thousand Seven Hundred Seventy Three Dollars ($128,773.00), • 24-14921/346903 1 for a new contract amount not to exceed One Hundred Sixty Thousand One Hundred Seventy Three Dollars ($161,173.00). 2. 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 AA1l,j2PL_, 2024. GRC ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califo Ai By: 4/4:/10 .. 1 print name ' e " 'f---- ITS: (circle one)Chairma residen Vice President Mayor AND i / riftu 9,6$4,14,1444) City Clerk 812/ay By: l , e � a vefKvf Z INITIATED AND APPROVED: sr.s •.u- ITS: (circle ne) Secretary/ hief Financial Officer/Asst. - - •. • - reasurer it c or of Community Development APPROVED 0 FORM: ty At orney 24-14921/346903 2 GRC Associates Fee Proposal Exhibit B GRC shall be compensated based on a flat, not-to-exceed fee per loan(or grant). This fee shall be adhered to during the life of the contract and is based on the current loan and grant limits and program requirements. The per loan and grant costs are presented below: ▪ Loan: $4,200 • Grant: $3,000 Monthly invoices shall be submitted according to completed milestones per loan or grant; for example, application review(20% of total loan fee), work write-up (25%), contract bid selection (20%), loan approval (10%), loan and contractor signings(10%),final construction inspection and loan closeout/completed file (15%). Percentages will be approved by the City prior to the start of the project. Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis, based on a blended billing hourly rate of$95 per hour. Indirect costs for additional service outside the not-to-exceed amount will be billed at GRC's cost. Indirect costs may include printing of documents, purchases of project-related material and postage. A�00 CERTIFICATE OF LIABILITY INSURANCE DATE(MIA/DDIYYYY) 08/14/2024 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 CONTACT Lupe Tavera NAME: Danmar Insurance Services Inc. tPHHONE Extt: (951)509-0509 FAX No): (951)509-0515 License#OD36873 EMAILESS: p lu et danmarins.com ADDR 9899 Indiana Avenue,Ste 101 INSURER(S)AFFORDING COVERAGE NAIC N Riverside CA 92503 INSURERA: Travelers INSURED INSURER B: Travelers Property Casualty Co of America 25674 GRC Associates,Inc. INSURER c: Underwriters al Lloyds,London 8060 Florence Avenue INSURER D: Suite 303 INSURER E: Downey CA 90240 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2481412518 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. INSR ADDL.-SUER POLICY EFF POLICY POP LTR TYPE OF INSURANCE INSD WVD- POLICY NUMBER (MMIOD(YYY) (MMfDDFYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y I-660-4R179920-TCT-23 12/01/2023 12/01/2024 PERSONAL 9ADV INJURY $ EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- 2,000,000 JECT LOC PRODUCTS-COMPlOP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,0(10 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A —. OWNED SCHEDULED Y I-660-4R179920-TCT-23 12/01/2023 12/01/2024 BODILY INJURY(Per accident) $ AUTOS ONLY __ AUTOS HIRED �/ NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY YIN 1 000 GOO B ANY PROPRIETOR/PARTNER/EXECUTIVE N 1 A UB3R233076 11/01/2023 11101/2024 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim $1,000,000 Professional Liabdny C Y MPL4219594.24 08/19/2024 08/19/2025 Aggregate 51,000,000 DESCRIPTION OF OPERATIONS I LOCAL IONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 30 Day Notice of Cancellation 10 Days Notice of Cancellation in the even of non-payment of premium Certificate holder,its agents,officers and employees are included as an additional Insured and when applicable,The Development Agency of the City of Huntington Beach APPROVE° •- TO FORM CERTIFICATE HOLDER CANCELLATION ,v',, Fi C i_61�, TMIA TNEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIEs-BE' ?\11pydiliFe5MOIE THE EXPIRATION DATE THEREOF,NOTICE WILL:BE'r341AVErtEb IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGEMENT DIVISION 2000 Main Street AUTHORIZED REPRESENTATIVE !. Huntington Beach CA 92648 -• i_ -- ©1988-2015 ACORD CORPORATION. All rights reserved. I ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD l e DATE(MMIDDIYYYY) ACORN CERTIFICATE OF LIABILITY INSURANCE 09/13/2023 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 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 an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lupe Tavera NAME: Danmar Insurance Services Inc. PHONE Est): 509-0509 FAX No): (951)509-0515 License it OD36873 E-MAIL lu et danmarins.corn ADDRESS: p 9899 Indiana Avenue,Ste 101 INSURER(S)AFFORDING COVERAGE NAIC# Riverside CA 92503 INSURER A: Travelers INSURED INSURER B: Travelers Property Casualty Co of America 25674 GRC Associates,Inc. INSURER C. Underwriters at Lloyds,London 8060 Florence Avenue INSURER D: Suite 303 INSURER E: Downey CA 90240 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2383111727 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. INSR AlinTYPE OF INSURANCE INSD SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDDlYYVY) (h1AlIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACII OCCURRENCE $ 2,000,000 DAMAGED CLAIMS.MADE X OCCUR PREMISESO(EaENTE occurrence) $ 300,000 RIED EXP(Any one person) $ 5,000 A Y I.660-4R179920-TCT-22 12/01/2022 12/01/2023 PERSONAL&ADVINJURY $ EXCLUDED GENT_AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 4,600,000 X POLICY I 1 JPEReiTi LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ - A OWNED SCHEDULED Y I-660-4R179920-TCT-22 12/01/2022 12/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED . NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY o'IN AUTOS ONLY (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ - EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION �/ OTH- AND EMPLOYERS'LIABILITY Y IN X STATUTE ER , , B ANY PROPRIETORIPARTNERIEXECUTIVE N!A UB3R233076 11/01/2022 11/01/2023 E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim S1,000,000 Professional Liability C Y MPL4219594.23 08/19/2023 08/19/2024 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 30 Day Notice of Cancellation 10 Days Notice of Cancellation in the even of non-payment of premium APPROVED AS TO FORM Certificate holder,its agents,officers and employees are Included as an additional insured and when applicable,The Development Agency of the City of / Huntington Beach / 13Y: — ----- v .--( MICHAEL E.GATES CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BbACH I 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. RISK MANAGEMENT DIVISION AUTHORIZED REPRESENTATIVE 2000 Main Street _ _ Huntington Beach CA 926481 fYf—i.-_-.__ I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD l �,`01:'r_°op, CITY OF HUNTINGTON BEACH �' Professional Service Approval Form �'4 ` s, Amendment # 4 1. Date Requested:07/10/2024 1 2. Contract Number to be Amended: 24-14645/340826 3. Department:Community Development 4. Requested By:Kim Radding 5. Name of Consultant:GRC Associates, Inc. 6. Amount of Original/Prior Contract$128,773 7. Additional Compensation Requested:$32,400 8. Original Commencement Date:07/01/2021 9. Original Termination Date:06130/2024 10. Extended Date Requested:06/30/2025 11. Reason for Contract Amendment: To provide compensation for the administration of residential rehabilitation projects through the extended contract term authorized through June 30,2025. ,7h--LA: 7/30/23zk Purc asing 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 21/22 Fiscal Year Fiscal Year Fiscal Year 24/25 22/23 23/24 23981451.69365 '-$35,199 $32,400 $61.1.74 $32,400 • $ $ $ $ $ $ $ $ • 7/30/2ayi B d et A prov Signature Date r (;-7i4/i f--- - "711.g i /a-.7 Departrnt Head Signature Date City Manager Approval Signature Date _. professional service approval form-amendment 4 REV:2016 . • ��5-76Tt CITY OF HUNTINGTON BEACH '_ Professional Service Approval Form 9 Amendment # 4 1. Date Requested: 07/10/2024 2. Contract Number to be Amended: 24-14645/340826 3. Department: Community Development 4. Requested By: Kim Radding 5. Name of Consultant: GRC Associates, Inc. 6. Amount of Original/Prior Contract: $128,773 7. Additional Compensation Requested: $32,400 8. Original Commencement Date: 07/01/2021 9. Original Termination Date: 06/30/2024 10. Extended Date Requested: 06/30/2025 11. Reason for Contract Amendment: To provide compensation for the administration of residential rehabilitation projects through the extended contract term authorized through June 30,2025. 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 21/22 Fiscal Year Fiscal Year Fiscal Year 24/25 22/23 23/24 23981451.69365 $35,199 $32,400 $61,174 $32,400 $ $ $ $ $ $ $ $ Budget Approval Signature Date • De rt ent Head S. nature Da e City anager Approval Signature Date professional service approval form-amendment 4 REV: 2016 iiii5/(4447ive AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM 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 GRC ASSOCIATES, INC.,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and GRC Associates,Inc. for Administration of the Housing Rehabilitation Loan Program"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until June 30, 2025. 2. 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 1 executed by and through their authorized officers on Uh-� , 2024. 24-14645/340826 1 GRC ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: /117/e) - V California P a-e 5 l n � � print name ITS: (circle one)Chairman/President/Vice President f.eXity Manager ANID/ By: 71,PF4 V INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial D re or of Community Development Officer/Asst. Secretary-Treasurer APPROVED AS O FORM: C. Attorney RECEIVE AND FILE: € / 44 City Clerk y/.z4�12 - 24-14645/340826 2 . � f e J-r AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM 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 GRC ASSOCIATES, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program"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 referenceihto this Agreement. City further agrees to pay Consultant an additional sum not to exceed Twenty Eight Thousand Seven Hundred Seventy Four Dollars ($28,774). Ninety Nine Thousand Nine Hundred Ninety Nine Dollars ($99,999.00), for a new contract amount not to exceed Ninety Nine One Hundred Twenty Eight Thousand Seven Hundred Seventy Three Dollars($128,773.00). 23-13560/321437 1 2. 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 ftereto have caused this Agreement to be executed by and through their authorized officers on N tY\ i'v\4Oe,r , 2023. GRC ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of he State of By: J Califo 'a ^ (Icy print name ITS: (circle one)Chairma residen ice President City Manager AND INITIATED AND APPROVED: By: /1.446 Ott'Lly ASGlU4 Z print . e D rec r of Community Development ITS: (circle on,,CIM hief Financial Officer/Asst. Secre ary-Treasurer APPROVED AS O FORM: C' Attorney RECEIVE AND FILE 4#441, 9A71-el City Clerk' 1//91=-4� 23-13560/321437 2 1 ® DATE(MM/DD/YYYY) AR o CERTIFICATE OF LIABILITY INSURANCE, 09/13/2023 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(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 an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Lupe Tavera PRODUCER NAME: Danmar Insurance Services Inc. (A/CO No,EM): (951)509-0509 FA,/c,No): (951)509-0515 License#OD36673 E-MAIL lupet@danmarins.com ADDRESS: 9899 Indiana Avenue,Ste 101 INSURER(S)AFFORDING COVERAGE NAIC p Riverside CA 92503 INSURER A: Travelers INSURED INSURER B: Travelers Property Casualty Co of America 25674 GRC Associates,Inc. INSURER C: Underwriters at Lloyds,London 8060 Florence Avenue INSURER D: Suite 303 INSURER E: Downey CA 90240 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2383111727 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. INSR AUUL SUBH POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD wVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 3000 CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 0,0 MED EXP(Any one person) $ 5,000 A Y I-660-4R179920-TCT-22 12/01/2022 12/01/2023 PERSONAL&ADV INJURY $ EXCLUDED GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000 PRO- n 4,000,000 X POLICY JECT I 'LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) — ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y I-660-4R179920-TCT-22 12/01/2022 12/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XAIRED X AUUTOS ONLY PROPERTY DAMAGE $ AUTOS ONLY (Per accident) $ UMBRELLA LIAB I I OCCUR EACH OCCURRENCE $ EXCESS LIAB IHI CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY YIN 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE n N/A UB3R233076 11/01/2022 11/01/2023 ( E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in in N NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim $1,000,000 Professional Liability C Y MPL4219594.23 08/19/2023 08/19/2024 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 30 Day Notice of Cancellation 10 Days Notice of Cancellation in the even of non-payment of premium Certificate holder,its agents,officers and employees are included as an additional insured and when applicable,The Development Agency of the City of Huntington Beach 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. RISK MANAGEMENT DIVISION AUTHORIZED REPRESENTATIVE 2000 Main Street ��. Huntington Beach CA 92648 . , "<.—__z_ ."—Y I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM 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 GRC ASSOCIATES, INC., a California Corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated July 1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for Administration of the Housing Rehabilitation Loan Program"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 Two Thousand Seven Hundred Ninety Nine ($2,799). The additional sum shall be added to the original sum of Ninety Seven Thousand Two Hundred Dollars ($97,200.00),for a new contract amount not to exceed Ninety Nine Thousand Nine Hundred Ninety Nine Dollars ($99,999.00). 22-11437/285029 1 2. 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 Ju/�/ , 2022. GRC ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: �+ U print name ITS: (circle one)Chairma residen ice President INITIATED AND APPROVE AND vil"�' By Aj�; Director of Community Development 1eUT �i Gt. v4L pant n e APPROVED AS ORM: ITS: (circle on Secreta Chief Financial Officer/Asst. Secretary-Treasurer Cit ttorney rJ�(,U REVIEWED AND APPROVED City Manager RECEIVE AND FILE City Clerk 22-11437/285029 2 AC R CERTIFICATE OF LIABILITY INSURANCE D.TE(MMMDIYM) 06/09/2022 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns 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 CONTACT Lupe Tavera NAME; Danmar Insurance Services Inc. PHONE E (951)609-0509 AIC No: (951)509-0515 License#OD36873 E-MAIL L-MAIL lu et danmarins.com ADDRESS: p 9899lndianaAvenue,Ste 101 INSURER(S)AFFORDING COVERAGE NAIC III Riverside CA 92503 INSURERA: Travelers INSURED INSURER B; Travelers Property Casualty Co of America 25674 GRC Associates,Inc. INSURERC; Underwriters at Lloyds,London 8080 Florence Avenue INSURER D: Suite 303 INSURER E: Downey CA 90240 INSURERF: COVERAGES CERTIFICATE NUMBER: CL211117103B4 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. iLTR TYPE OF INSURANCE INSD W'iuVD POLICY NUMBER MMIDDKYYY MMIODIYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE F OCCUR PREMISES Ea occurrence $ 300,000 MED EXP IAny one son $ 5,000 A Y Y 1-660-4R179920-TCT-20 12/01/2021 12101/2022 PERSONAL&ADVINJURY $ EXCLUDED GEN'LAGGR£GATELIMITAPPLtESPER: GENERALAGGREGATE $ 2,000,000 X POLICY D PROJECT LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1.000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y 1-660-4R179920-TCT-20 12/01/2021 12/0112022 1300ILY INJURY(par aecidenl) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY E Ix AUTOSONLY AUTOS ONLY Parecednt $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE APPROVED AS TO FORM AGGREGATE $ DED I I RETENTION f $ WORKERS COMPENSATION X 8 A7UTE EORH AND EMPLOYERS'LUIBILITY YIN By: 1,000,000 ANY PROPRIETORfPARTNERIEXECUTIVE M HAELE, E.L.EACH ACCIDENT $ B OFFICERIMEMBERF-XCLUOED9 LyjNIA Y UB3R233076 - 021 11101/2022 (Mandatory In NH) CITYA R E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If Yes,daserbe Wider CrfY OF HUNTINGN BEAC 1.000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S PROFESSIONAL LIABILITY PER CLAIM $1,000,000 C Y Y MPL4219594.21 08/19/2021 08/19/2022 AGGREGATE $1,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attaohed if more space Is mqulrod) 30 Day Notice of Cancellation 10 Days Notice of Cancellation In the even of non-payment of premium Certificate holder,its agents,officers and employees are included as an additional insured and when applicable,The Development Agency of the City of Huntington Beach 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, RISK MANAGEMENT DIVISION 2000 Main Street AUTHOR¢EDREPRESENTATIVE Huntington Beach CA 92646 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I IUNTINGTON BEACH AND GRC ASSOCIATES, INC/ FOR ADMINISTRATION OF "fl-IL HOUSING REHABILITATION LOAN PROGRAM THIS AGREE\1ENI("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. a GRC Associates. Inc. hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to administer the City of l-funtington Beach Rehabilitation Loan Program; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the I-luntington 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 foltows: 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 Robert G. Vasquez, President; who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2 1-9 8 561160288 0511n-2au3; 1 Off') 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 131-RI-ORNIANCE Time is of'tileessence of this Agreement. The services of CONSULTANT are to commence on July I, 2021 (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 June 30, 2024 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 Ninety-Seven Thousand Two Hundred Dollars (597,200) total and not to exceed Thirty-Two Thousand Four Hundred Dollars (532,400) per year. 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 21 9856/260233 05/19-2W133 2 of 13 undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OP 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. 3. I-IOI,D 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 CONSUI fANT's (or CONS ULTANT'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 emplOyecs 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 21-9356260238 05/19-204133 3 of 13 and CITY shall approve selection of CONSULTANI-'s counsel. This indemnity shall 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 Q 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 21-9856/260288 05/19-204133 4 of' 13 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. 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 -fen 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' thescope of work (including subsequent policies purchased as renewals or replacements). 13. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSUL CANT 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 I'ails or reluses to produce or maintain the insurance required by this section or fails or rel'uscs 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 21-9856060288 05119-204133 5 of I3 the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid fir its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval ol'insurance by the CITY. 10. CGRTIFICATL 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; 13. 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. 21 w856n_6o288 05/19-20C133 6of IJ 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security. state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANTl 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 wort: required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANf'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 torth in Sections 9 and 10 hereinaboye. 21-9856/260288 05/19-204133 7 of 13 14. COPYRIGI-ITS/PATENTs CITY shall own all rights to anv patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY otlicial 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 Anv 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 delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of 1-luntington Beach GRC Associates, Inc. A-1--1 iN: Kim Radding Robert G. Vasquez, President 2000 Main Street 8060 Florence Avenue; Suite 303 Huntington Beach, CA 92648 Downey, CA 90240 21-98W160288 05119-204133 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its conscm/approyal for one transaction or event shall not be deemed to be a consent/approval to any subsequent Occurrence of the same or anv other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles. captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and arc 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, INTERPRETA"rION OF THIS AGREEMENT -I-he 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 21 9,S1626028S 05/19-204133 9 of IJ contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT- shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach Ciry 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. 21-9856060288 05/19-204133 1001, 13 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. 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 "I'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 indernmiv 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. ENTIRE-rY the parties acknowledge and agree that they are entering into this Agreement freciv 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. 21-9856rz60288 03/19304 133 11 of 13 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. 1-9356260288 05119-204133 12 of I J CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GRC Associates Inc. California By: yeCity Manager gj� r 6 VA5 0 u fL INITIATED AND APPROVED: print name ITS: (circle one)Chaim, iden cc President s+i-- r Ursula Luna4eynosa (f// Community Development Director By: Fti r G• �U VY Z APPROVED AS TO FORM: 1nv1 n Pnl1>�0 ITS: (circle one/ hief Financial Officer/Asst. Secretary—Treasurer amity Attorney Date RECEIVE AND FILE: �4 City Clerk` Date 21-"5v26MSS 05/19-204133 13 of 13 GRC Associates Scope of Work Attachment A Task 1: Proiect Management and Coordination At the start of the RLP, GRC will develop a work plan for the City that best achieves the goals of the program. GRC will administer the RLP from its office in Downey on a daily basis; however, the Program Manager will be at City Hall as needed to meet with City staff. In addition, GRC will continue to monitor the City's RLP phone line, 714.969.4600, on a daily basis and immediately contact any callers to respond to questions or requests as necessary. GRC proposes a meeting with the City once a month to evaluate the progress of the program and adjust the process if necessary. Additionally, a monthly progress report will be submitted to the City that identifies new and existing applicants, as well as tasks completed during the month, percent completed and potential issues. Task 2: Loan Processing GRC will process the loan applications in a timely and efficient manner. After the application is submitted, GRC will contact the applicant and mail a letter listing the requested information such as credit account statements, employment and income verifications, bank statements, proof of residency, most recent income tax return, property insurance policy, and priority repair items. GRC will set a meeting date to interview the applicant, collect the information and photograph the required repair(s). In addition, GRC will coordinate with the California Office of Historical Preservation to obtain SHPO comments under Section 106 of the National Historic Preservation Act and prepare necessary Tier 2 Environmental Reports. GRC will also request a lead-based paint inspection if the home was built prior to 1978, collect all of the required environmental and abatement forms, and request property title-related documents. If necessary, a termite inspection will be procured. Once the package is completed, GRC will determine the applicant's eligibility under CDBG requirements. At times, certain loan applications will require "special needs" consideration, which may include improvements exceeding the loan limits to achieve basic health and safety or disability requirements. Finally, GRC will submit a loan approval form with the applicant information package to the City loan approval committee. In these cases, GRC will coordinate with the City on the appropriate approach and amount. Any special needs loans will not proceed without written authorization from the City. Task 3: Loan Documents GRC will prepare all loan documents, coordinate the execution and disposition of the documents pursuant to the City and CDBG regulations and established State and Federal lending regulations. Task 4: Property Inspection/Work Write-Up GRC's Program Manager will conduct the initial inspection of the home with the applicant to identify any existing code violations and repairs or improvements requested by the applicant that are eligible through the RLP. Work specifications highlighting the code violations will be provided to the property owner. In addition, GRC will prepare the line-item cost estimate of the proposed work. GRC will photograph all needed repairs and include them with the work write- up. These photos will be used for before-and-after documentation. Task 5: Bid Package If the loan is approved, GRC will provide the homeowner with a list of licensed contractors that are in good standing with the City, State or the Federal government. All contractors must be licensed by the California State Contractors Licensing Board. The homeowner will select the contractor. Task 6: Construction Management GRC will manage all aspects of the construction phase of the RLP including, but not limited to, the following tasks: • Lead Based paint abatement and clearance (if built prior to 1978). • Transmittal of Constractor's Notice to Proceed; • Construction progress inspection and final inspection — photos to be taken before and after construction; • Loan disbursement, including retention amount and contractor lien releases; and • Conflict resolution regarding either homeowner/contractor disputes or program concerns. In rare cases, major disputes may arise between the homeowner and the contractor on work performed or not performed. In these cases, and only with the City's authorization, GRC will work with both the homeowner and contractor to find a solution. This may include developing a work plan, agreed upon by both parties, that identifies and addresses the problem. Task 7: Loan Portfolio Management The GRC team will manage the loan portfolio, be responsible for the reconciliation of monthly statements from the City's loan collection agent, prepare monthly and year-end loan reports for the City, and will process loan payoffs. GRC will control and disburse funds through an escrow account. In addition, GRC will process incoming correspondence and requests with regard to the loans. GRC will assist the City staff in requests for demands, loan payoff checks and reconveyance of deeds, as long as the loan files remain in GRC's possession. GRC Associates Fee Proposal Attachment B GRC shall be compensated based on a flat, not-to-exceed fee per loan (or grant). This fee shall be adhered to during the life of the contract and is based on the current loan and grant limits and program requirements. The per loan and grant costs are presented below: • Loan: $4,200 • Grant: $3,000 Monthly invoices shall be submitted according to completed milestones per loan or grant; for example, application review (20% of total loan fee), work write-up (25%), contract bid selection (20%), loan approval (10%), loan and contractor signings (10%), final construction inspection and loan closeout/completed file (15%). Percentages will be approved by the City prior to the start of the project. Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis, based on a blended billing hourly rate of $95 per hour. Indirect costs for additional service outside the not-to-exceed amount will be billed at GRC's cost. Indirect costs may include printing of documents, purchases of project-related material and postage. PROFESSIONAL SERVICES CONTRACT BETWEEN TIME CITY OF HUNTINGTON BEACH AND FOR Table of Contents IScope of Services.....................................................................................................I 2 Citv Staff Assistance......................................_............................................_..........2 3 Tenn: Mime of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Pavment................................................................................................... 7 Disposition ol'Plans. Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liabilitv 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........................................................I..........................­....7 17 Consent ....................................................................................................................8 18 f\•todification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement...........................................................I..................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 Entiretv......................................................................................................................10 29 Effective Date.................................................................................I I _ AIV 'A� OB/CERTIFICATE OF LIABILITY INSURANCE °A0L0D9/202121 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 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 an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ilau of such ondoraomont(s). PRODUCER CONTACT NAME: Lupo Tavern Danmar Insurance Services Inc. PHONE (951)509-0509 FaX (951)509.0515 AIC uo License q OD368i 3 AWREAS: 141danmarins.cortt 98991ndiem Avenue,Ste 101 INSUREWS AFFOROINO COVERAGE NAICF Riverside CA 92503 INSURERA: TravelefB INSURED INSURER B: Travelers Properly Casualty Cc of America GRC Associates,Inc. INSURER C: Underwrttars At Lloyd's 8060 Florence Avenue INSURER o: SUIto 303 INSURER E: Downey CA 90240 INSURER F: COVERAGES CERTIFICATE NUMBER: CL219910000 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LLSR POLICY UP POLICY EXP TR TYPE OF WSURANCE POLICYNUMB" MM'D MMIOOIYYYY LIMITS x COMMERCIALGENERALLIABILITY EACH OCCURRENCE S 1.000,000 CLAMS-MADE �OCCUR EM Es Po o v ce S 300,000 LIED EXP ono Fat S 5,000 A Y Y 1-660.4R179920JCT-20 12/01/2020 12(0112021 MMONALBAWINAIRY S EXCLUDED GENLAGGREGATE UNIT APPLIES PER: GENERALABGREGATE S 2,000.000 PCLICY JEGi F1 LOC PRODUCTS-COMP,CP AGO S 2•000,000 OTHER: S AUTOMOBILE LIABILITY COMBI dEDI SINGLE UNIT S 1.000.000 (E.iaxANY AUTO momLYIN3URY(per PFrFCD) s A O D SCHEWLED Y Y I-W-4R179020-TCT-2O 12/01/2020 12/01/2021 soctLY IWURY(Pa ev ") S AUTOS ONLY AUTOS HIRED x NON-0VMED PN P RI MANG 3 AUTOS ONLY AUTOSONLY r Fn S UMSRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAa CWMS-MADE AGGREGATE 3 DED RETENPION t S WONRERS COMPENSATION STATUE FORTµ AND EWLOYERTLNSWTY YIN B ANr PROPaIETOR/PARrNERrEXECUTIVE NIA Y UB3R203078 11/0112020 11/0,1202, E.L.EACH ACCIDENT 3 1,W0,W0 OFFICERNEMBER EXCLUDED] (Wrtutory In AN) EL DISEASE-EA EMPLOYEE 3 1000,000 U.,d.F � 1,000,000 SCR PITON OF OPERATIONS EebN ELOISEASE-PCUCYUMT S Per Claim$1,000,WD Professional Liadlity C Y Y MPL4219594.20 08/0912020 08/092021 Aggregate$1,000,000 DESCRIPTIDNOFOPERATIONSILOCAIIONSIVEMaM IPCORO net,AddllbnFl RFmArL 9caFdalF,mrywFttacaM ll men span lF ngldnd) 30 Days Notice of Cancellation 10 Days NoUcs of Canaeliallon in the event of non-payment of Prertuum Certificate holder.its agents,officers and employees are included as an additional Insured and when applicable,The Development Agency Gillet City of Huntington Beach APPROVED AS TO FORM CERTIFICATE HOLDER CANCELLATION h. FIZZ HUNTINGTON BEACH SHOULD ANY OF TH DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF HUNTINGTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGEMENT DIVISION 2000 Mein Street AUTHOR D IZE REPRESENTATIVE Huntington Beach CA 92648 0 1 988-201 5 ACORD CORPORATION. All rights reserved. ACORD 2512016/03) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH RECEIVED Professional Service Approval Form JUN 11 2021 PART II . Finance Department Date: 6/11/2021 Project Manager: Denise Bazant, .etc{. 5,90/ Requested by Name if different from Project Manager: Department: eon.. uni/y 6e✓e/D,,Orirc-sr /—/(VCQ PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: GRC Associates, Inc. 2) Contract Number: (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $97,200 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year 21/22 22/23 23/24 CDBG Allocation $32,400 $32,400 $32,400 $ $ $ $ $ $ 4) Is this contract less than $50,000? ❑ Yes E No 5) Does this contract fall within $50,000 and $100,000? E Yes ❑ No 6) Is this contract over$100,000? ❑ Yes E 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 E No n-, p,l Z ` d6 /L£cX 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. Fiscal Services—Manager chasing) Date X4xt, 6/11/ ZoL( Bad6ei a ger Approval Signature Date (s/Itlina) Director of Fina (or esignee) Signature Date professional srvs-part ii REV: February 2015 CITY OF HUNTINGTON BEACH ` a\�� V, Professional Service Approval Form RECEIVED PART I APR t� 2021 Date: 4/1/2021 Project Manager Name: Denise Bazant Finance Department Requested by Name if different from Project Manager: Department: Community Development PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART/ MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To provide consultant services to perform construction management and loan processing activities associated with the Community Development Block Grant (CDBG) Rehabilitation Loan Program. 2) Estimated cost of the services being sought: $ 90,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) —Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 —Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No uGhJ%N"y l '1/9/ZoZ� Principal Finance Analyst Signature (Purchasing Approval) Date 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 21122 22/23 23/24 CDBG allocation I $30000 $30000 $30000 $ $ $ $ $ $ $ I $ I $ Budget Approval Date t 4($la1 Department Head Signature(s) Date v /l2/7� Chief Financial Officer ignature bate 1 Assistant City Manager's Signature at A R V D �J D IE ❑ City Manager's Signature I Date psa form -part i REV: 10/2019 COMMUNITY/ECON DEVELOPMENT RFP REHAB LOAN SERVICES I I I I Weight Factor EK KR CK AVG Total Total Rank Scores Weighted Scores 10 Compliance MDG ASSOCIATES 3 3 4.7 1 3.567 10.701 107.00 GRC ASSOCIATES 4 4 i 4.5 1 4.167 12.501 125.00 25 Approach/Methodolgy MDG ASSOCIATES 3 3 4.5 3.500 10.50 262.50 GRC ASSOCIATES 5 5 4.5 4,833 14.501 362.50 25 Qualifications/Key Personnel MDG ASSOCIATES 5 5 ' 4.8 4.933 14.80; 370.00 GRC ASSOCIATES 5 5 1 4.7 1 4.900 1 14.701 367.50 1 10 Clarity MDG ASSOCIATES 3 3 1 4.7 3,567 ! 10.701 107.00 GRC ASSOCIATES 5 3 4.5 4.167 12.501 125.00 25 Price MDG ASSOCIATES 3 2 4 3.000 9.001 225.00 GRC ASSOCIATES 4 3 5 4.000 12.001 300.00 j 5 References MDG ASSOCIATES 5 1 4 5 4.667 14.00, 70.00 GRC ASSOCIATES 5 4 5 4.667 14.001 70.00 EK KR CK AVG Total Total Rank Scores Weighted Scores MDG ASSOCIATES 1 360.00 330.00 1 451.50 1 380.500 1 69.70 1 1,141.50 1 2 GRC ASSOCIATES 465.00 415.00 1 470.00 1 450.000 1 80.20 ; 1,350.00 1 1 1 of 1 • i� � /7�i�'tE Cr C!1 RESOLUTION NO. 2021-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY HUNTINGTON BEACH, CALIFORNIA, APPROVING THE 2021- 2022 ACTION PLAN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT, AND HOME INVESTMENT PARTNERSHIPS PROGRAMS WHEREAS, the City of Huntington Beach ("City") participates in the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME); and WHEREAS, the City is required by HUD to adopt the Annual Action Plan; and WHEREAS, a Resolution by the City Council is required for adoption of the 2021-2022 Annual Action Plan that is due to HUD by May 15, 2021; and WHEREAS, the City's 2020-2021 Action Plan implements the second year of the five-year strategy of the 2020-2024 Consolidated Plan; and WHEREAS, notice was published in The Wave on March 18, 2021 regarding a City Council public hearing and the availability of the Draft of the 2021-2022 Annual Action Plan for 30-day public review and comment; and WHEREAS, the City's CDBG and HOME, funding allocations from HUD for the 2021-2022 Program Year have been determined and released on February 25, 2021; and WHEREAS, the Citizen Participation Advisory Board (CPAB) on March 15. 2021, made 2021-2022 CDBG recommendations based upon the funding allocations from prior year funding of 2020-2021; and WHEREAS, for Fiscal Year 2021-2022,the City will receive$1,238,214 in CDBG funds and 5618,233 in HOME funds; and WHEREAS, the City Council has considered the community needs, priorities and strategies set forth in the draft 2020-2024 Consolidated Plan and the allocation of 51,238,214 in CDBG funds, and 5618,233 in HOME funds in the draft 2020-2021 Action Plan; and WHEREAS, pursuant to Section 15378 of the California Code of Regulations relating to implementation of the California Environmental Quality Act,the proposed activities to be funded are not considered projects resulting in a direct alteration of the environment and, therefore, are exempt from the requirements of California Environmental Quality Act; and WHEREAS, the proposed activities to be funded are subject to the provisions of the National Environmental Protection Act of which any and all projects funded shall comply, except that, in accordance with 24 CFR Sections 58.34 (a) and 58.35 as to review pursuant to the National 21-9513/252254 RESOLUTION NO. 2021-28 Environmental Protection Act, the 2021-2022 Action Plan is not subject to federal environmental review. NOW, TIIF,RF.FORE, the City Council of the City of Huntington Beach DOES HEREBY RESOLVE as follows: SECTION I. That the 2021-2022 Annual Action Plan is hereby adopted, and the City Manager or the City Manager's designee is hereby authorized to execute all necessary related budget approvals and documents deemed necessary by [IUD or the City and to execute all implementing and related documents and agreements, including, but not limited to, grant and loan agreements with subrecipients for all approved CDBG and I TOME programs and projects set forth in the 2021-2022 Annual Plan. SECTION 2. That $185,732 in CDBG Public Service funds, $804,840 in CDBG Capital and Housing Preservations Project Funds, $247,642 in CDBG Administration Funds, and $618,233 in HOME Funds are hereby allocated to the CDBG and HOME projects indicated in Exhibit A. SECTION 3. That the 2021-2022 Action Plan projects and programs shall undergo an environmental review prior to any release of funds consistent with the Program Regulations found in 24 CFR, Part 58.6 and the City Manager or the City Manager's designee is authorized to execute all environmental documentation required by I IUD. SECTION 4. The City Clerk shall certify to the passage of this Resolution and shall take effect as provided by law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 19' day of April, 2021. Mayor IAND��: APPROVED AS TO FORM: t City Manager City Attorn INITIATED AND APPROVED: Director of Community Development 2