HomeMy WebLinkAboutWilldan Financial Services - 2021-06-20 PROFESSIONAL SERVICES CON'TRACI 131-TWEEN
THE CITY OF HUNTINGTON BEACH AND
WILLDAN FINANCIAL SERVICES
FOR
COMMUNITY FACILITIES DIS'I'RIC"I' ADMINIS"TRATION
AND RELATED SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach. a municipal corporation of the State of California, hereinafter referred to as
"CITY." and Willdan Financial Services, hereinafter referred to as "CONSULTANT."
WHEREAS. CITY desires to engage the services of'a consultant to provide Communith
Facilities District Administration, DelingUCoCV Management and Continuing Disclosure Services:
and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code. Chapter 3.03, relating to procurement of professional service
contracts have been complied with: and
CONSULTANT has been selected to perl'orm these services,
NOW TFIEREFORE, 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 Tony "Thrasher 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.
3. TERM,• TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on JZ 12021 (the"Commencement Date"). This Agreement shall
automatically terminate three (3) years from the Commencement Date, unless extended or sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than
three(3)years from the Commencement Date. The time for performance of the tasks identified in
Exhibit"A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date,CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein. CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Thirty Thousand Dollars($30,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
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6. NIFTHOD 01' PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder. including,
without limitation. all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda. letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall
occur first. These materials may be used by CITY as it sees fit.
3. 1-1O1-1) HARMLESS
A. CONSULTANT hereby agrees to protect. defend, indemnify and hold
harmless CITY, its officers. elected or appointed officials, employees, agents and Volunteers from
and against any and all claims. damages. losses, expenses,judgments, demands and defense costs
(including. without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent(or alleged negligent) performance of this Agreement or its failure
to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers.
agents or employees except such loss or damage Which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 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.
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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 charted 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
CONS UI-PANT 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'xvhether 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
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CONSULTANT's professional liability in an amount not less than One Million Dollars
(S1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CI'I Y; however an insurance
policy "deductible" of Ten Thousand Dollars (SI0,000.00) 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 ofcoverage following PROJECT completion. If insurance is terminated
for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT- waives
the right to receive compensation and agrees to indemnify the CITY for any work performed prior
to approval of insurance by the CITY.
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10. CERTIFICATE OF INSUI-yNCE
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;
Q. 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.
'File 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
cope of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is. and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. 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
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payroll deductions for CONSULTANT and its officers, agents and employees and all business
licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINA"r1ON 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 Hilly complete. Any termination of this Agreement by
CITY shall be made in writing, notice ofwhich 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 DE-LEGATION
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 hcreinabove.
ld. COPYRIGHTS/PATLNrS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND O1-FICIAI-S
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work pertormed pursuant to this Agreement. No officer or employee of CITY shall have any
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financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICLS
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 delivery,
a reputable overnight carrier or U. S. certified mail-return receipt requested:
TO CITY: TO CONSULTANT:
City of 1-funtinaton Beach Willdan Financial Services
A'1'IN: Dahle Bulosa❑ ATIN: Gladys Medina
2000 Main Street 27368 Via Industria. Suite 200
Huntington Beach. CA 92648 Temecula. CA 92590
17. CONSENT
When CITY's consent/approval is required under this Agreement. its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. NIODIFICA'1ION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
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19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define. limit or describe. or construe the
intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
-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 anv act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law. ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail. and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of'which so executed shall, irrespective of
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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. ININJIGRATiON
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 am
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 C'irn Charier Section 309. the Citv Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of' any legat services expenses incurred by
CONSULTANT.
24. ATTORNEY'S PF-.I S
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 attornev's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees Irom 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.
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26. GOVERNING LAW
This Agreement shall be govemed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise.
have been made by that party or anyone acting on that party's behalf. which are not embodied in
this Agreement, and that that party has not executed this Agreement in reliance on any
representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set
forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting the
subject matter hereol'.
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
WILLDAN FINAN ERVICES California
By: —" Director/Chief
(Pursuant To HBMC§3.03./00)
Mark J. Risco
print name APPROVED AS TO FORM:
ITS: (circle one)Chairma residen ice President
AND Q
y; Q City Atto ey
Rebekah Smith Date
print name
1 secretary/ChierFinencial Officer/Asst. RECEIVE AND FILE:
ceretar� - �reaaure
City
/Clerk
—
Date �'-113,21
COUNTERPART
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
WILLDAN FINANCIAL SERVICES California
By: Director/Chief
(Pursuant To HBMC§3.03.100)
print name APPROVED AS TO FORM:
ITS: (circle one)Chainnart)Presidentivice President
AND
By: City Art ey
Date
print name
ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE:
Secretary-Treasurer
City Clerk
Date
COUNTERPART
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EXHIBIT A
Scope of Services
Community Facilities District Administration
Willdan Financial Services ("Willdan') proposes to continue to provide the following services to meet the
City of Huntington Beach's ("City") annual administration needs for the following Community Facilities
Districts (CFDs):
• CFD 2000-1 Refunding:
• CFD 2002-1; and
• CFD 2003-1 Refunding.
Willdan proposes to perform the following tasks to annually administer the City's CFDs.
1. Maintain and periodically update an electronic database containing parcel basis data and annual
special tax levy amounts by Assessor's Parcel Number (APN).
2. Annually calculate and apportion the special taxes as specified in the Rate and Method of
Apportionment of Special Tax,
3. Use, if applicable, the listing of any approved exemptions provided by the County. identify each parcel
and modify the proposed special tax accordingly.
4. Prepare, if necessary, an annual resolution that establishes the budget for the fiscal year and
application of the special tax to be submitted to the City, including the special tax summary for the fiscal
year.
5. Provide special tax levies for each parcel by APN to the County Auditor/Controller's Office in the media,
format and configuration required by the County for placement on the annual property tax roll.
6. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that
are unapplied by the County Auditor/Controller's Office. Willdan will manually invoice special tax
installments that cannot be collected on the County property tax roll on behalf of the City.
7. Provide a toll-free number to field inquiries from City staff, property owners and other interested parties
regarding special tax installments and related information.
8. Monitor delinquencies each January and May and submit periodic reports to the City.
9. Prepare an Annual Special Tax Report(Report). This Report will include:
• The identification of CFD administrative cost items eligible for recovery by the City,
• The review of fund balances to identify any surplus funds,
• The requirements for debt service,
• The delinquency summaries,
• A cover letter to the Report providing related recommendations or issues, if any. The cover letter
is not intended to be a component of the Report, and
• An analysis of the Applied and Maximum Special Tax Rates.
10. Provide an annual report to the California Debt and Investment Advisory Commission (CDIAC) by
October 30 if required by the California Government Code, Section 53359.5(b), as amended.
11. Prepare "Notice of Special Tax" as required by the California Government Code, Sections 53340.2(b)
and 53341.5, as amended. The fee for this service is $15 per Notice and is to be paid by the requestor.
12. Assist the City, as applicable, with the filing of a report with its governing body each year, as required
by the California Government Code, Section 50075.3 (a) & (b) and/or Section 53411 (a) & (b), as
amended (Senate Bill 165), as well as information for reporting requirements of Assembly Bill 2109
provided to the State Controller's Office. Willdan can also assist with reporting mandated by Assembly
Bill 1666, Assembly Bill 2476 and Senate Bill 1029.
1 L�
13. Be available to attend meetings.
14. Calculate written prepayment quotes for individual special tax liens, as described in the Rate and
Method of Apportionment of Special Tax or by resolution. For parcels prepaying the special tax, Willdan
will coordinate the removal of the lien. The fee for this service is $250 per calculation, to be paid by the
requestor.
15. Perform required bond call spreads and coordinate the early redemption of outstanding bonds.
Additional efforts needed to complete bond calls; such as, cash flow certificates, special analyses
and/or atypical spread calculations, shall be charged hourly using our then-current hourly rates (see
"Additional Services" section). However, Willdan will not begin any additional work without prior
approval from City staff.
Client Responsibilities
Willdan will rely on assistance from the City of Huntington Beach in obtaining the following information:
• Annual information related to fund balances for the districts.
• The budget summary to be incorporated into the annual resolution establishing the budget and special
tax rates for the district.
• An annually updated listing of all parcels that have been approved for any applicable exemptions, if
necessary.
• Information regarding land subdivision, issuance of building permits and/or certificates of occupancy
(as required by the City of Huntington Beach). Although Willdan will annually research information, it
may still be necessary to obtain additional assistance from the City.
• Current development plan/tentative maps and annual changes, modifications or updates, if necessary.
The City of Huntington Beach acknowledges that Willdan shall be relying upon the accuracy of the
information provided by the City or their designees and that Willdan shall not be liable for any inaccuracies
contained in such information.
Project Disclaimer
The City of Huntington Beach further represents, acknowledges and agrees that:
(i) The City uses the services of one or more municipal advisors registered with the U.S. Securities and
Exchange Commission ("SEC") to advise it in connection with municipal financial products and the
issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to
provide, any advice or recommendations with respect to municipal financial products or the issuance
of municipal securities (including any advice or recommendations with respect to the structure, timing,
terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of
services are not intended (and shall not be construed) to constitute or include any municipal advisory
services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended
(the"Exchange Act"), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue
projections, cash-flow analyses, feasibility studies and/or other analyses Willdan may provide the City
with respect to financial, economic or other matters relating to a prospective, new or existing issuance
of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon
assumptions, opinions or views (including, without limitation, any assumptions related to revenue
growth) established by the City, in conjunction with such of its municipal, financial, legal and other
advisers as it deems appropriate, and (B) under no circumstances shall Willdan be asked to provide,
nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with
respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect
to any municipal financial products or municipal securities issuances, including any revisions or
amendments thereto; and
2 IV VA
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal
advisory activities is currently quite limited and is likely to evolve and develop during the term of the
potential engagement and, to that end, the City will work with Willdan throughout the term of the
potential Agreement to ensure that the Agreement and the services to be provided by Willdan
hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure
that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide,
any municipal advisory services.
�,
3 IV VA
EXHIBIT B
Fees for Services
Annual, Three-year Renewal Summary
Fees are payable as the work progresses, on a monthly basis.
Administration Services (FY r r2023124)
CFD Administration 52,700 per District $2,700 per District $2,700 per District
Delinquency Management See fee table below
Payoff Quote (Per Request) ' S 250 $ 250 $ 250
Please Note: Upon the City's request, the above fee structure may be applied to future districts.
The requesting party pays the fee for a payoff quote. There is no charge to the City for this service.
Delinquency Management
The following fees are invoiced to the City as the service is rendered. They are ultimately paid by, or on
behalf of, the delinquent property owners.
Services Fees
Fees Ultimately Reimbursed to City by Property Owner:
Delinquency Reminder Letter S 15
Delinquency Demand Letter 45
Foreclosure Letter 65
Effect Removal from Tax Roll and Record Subsequent 110
Notice of Satisfaction
Payment Plan 200
Subsequent Foreclosure Services $ 100-300
Fees Paid Directly to Willdan by Requestor:
Delinquency Demand Payoff trl $ 50
Zero Demand 0l 50
This fee is waived for the property owner(exce t for escrow purposes)or the City of Huntington Beach.
This fee complies with Section 8833 of the California Streets and Highways Code and/or Section
53356.2 of the California Government Code, which requires recording of a Notice of Intent to Remove
Delinquent Special Taxes from the County tax roll. It DOES NOT include the County tax roll removal
charge, or similar fee, if any.
t\�
IV
4
Reimbursable Expenses
Willdan will be reimbursed for out-of-pocket expenses. Examples of reimbursable expenses include, but
are not limited to postage, travel expenses, mileage(current federal prevailing rate), and copying (currently,
6¢ per copy). Any additional expense for reports or, otherwise, from outside services, will be billed to the
City. Charges for meeting and consulting with counsel, the City, or other parties regarding services not
listed in the scope of work will be at our then-current hourly rates (see"Additional Services" section).
If a third-party requests documentation,Willdan may, in accordance with Willdan's applicable rate schedule,
charge such third party for providing said documents.
Additional Services
Additional services may be authorized in writing by the City and will be billed at our then-current hourly
consulting rates. Our current hourly rates are:
Hourly Rate Schedule
Willclan Financial Services
LPosition Hourly Rate
Director 5210
Principal Consultant/Assistant Director $200
Senior Project Manager $165
Project Manager/Program Director $145
Senior Project Analyst $130
Senior Analyst $120
Analyst $100
Assistant Analyst $75
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5
PROFESSIONAL SERVICES CONTRACT BETWEEN
TFIF CITY OF HUNTINOTON BEACH AND
FOR
Table of Contents
IScope ol'Scrvices ................................................................................................................ I
2 CitvStafl'Assistance........................................................................................................... 2
3 Term: Time of Perfonnance................................................................................................2
4 Compensation...................................................................................................................... 2
5 Extra Work.......................................................................................................................... 2
6 Nlethod of Pavment.............................................................................................................3
7 Disposition of Plans. Estimates and Other Documents....................................................... 3
8 Ilolcl Harmless..................................................................................................................... 3
9 Professional Liability Insurance ..............................................................................4
10 Certificate of Insurance ...................................................................................I................... 5
11 Independent Contractor............................................._........................................................6
12 Termination of Agreement....................................................................................I............. 6
13 Assignment and Delegation.................................................................................................. 6
14 Copyrights/Patents .............................................................................................................. 7
15 City Employees and Oflicials.............................................................................................. 7
16 Notices... .................................................................................................................7
17 Consent.........................................................................................................................I...... 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 Attorneys Fees..................................................................................................................... 10
25 Survival ................................................................................................................................ 10
26 Governing I.a ...................................................................................................................... 10
27 Signatories............................................................................................................................ 10
28 Entirctv................................................................................................................................. 10
29 Effective Date.................................................................................I I
Professional ServiceAppeoval Form
\�4r
Request
Date
5/19/2021
Requester Name
Rief.Sunny
Department'
FINANCE
Project Manager Name*
Rief,Sunny
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
Community Facilities District administration,delinquency management,and disclosure services.
Estimated cost of the services being sought`
5 29.250.00
Are sufficient funds available to fund this contract?*
0 Yes 0No
If no, please explain
Check below how the services will be obtained:'
O A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted.
O MC 3.03.08(b)-Other Interagency Agreement procedure will be utilized.
J MC 3.03.08-Contract Limits of$30,000 or less exempt procedure will be utilized.
U MC 8.61.040(B)(1)-Contract is below simplified acquisition threshold exempt procedure for FEMA/Uniform
Guidance/Federal Grant Funded.
Check if applicable for contract provisions:
Q FEMA/Uniform Guidance/Federal Grant Funded (please also indicate on RLS)
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.)
iJ Yes O No
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)*
40540105.69365 2021-2022 S 3,250.00 Other Professional Services
40840101.69365 2021-2022 S 3.250.00 Other Professional Services
41040105.69365 2021-2022 S 3.250.00 Other Professional Services
40540105,69365 2022-2023 S 3,250.00 Other Professional Services
40840101.69365 2022-2023 S 3,250.00 Other Professional Services
41040101.69365 2022-2023 S 3,250.00 Other Professional Services
40540105.69365 2023-2024 S 3,250.00 Other Professional Services
40840101.69365 2023-2024 S 3.250.00 Other Professional Services
41040101.69365 2023-2024 S 3,250.00 Other Professional Services
Approval
Department Head Approval
Department Head Approver
Bulosan. Dahle
Date
5/19/2021
Department Head Action•
No Action Taken
• Approve
Reject
Action Notes
Purchasing Approval
Purchasing Approver
Litvak,Glynis
Date
5/19/2021
Purchasing Action*
No Action Taken
• Approve
Reject
Action Notes
Budget Approval
Budget Approver
Bubenheim,Serena
Date
5/20/2021
Budget Action*
No Action Taken
Approve
Reject
Action Notes
CFO Approval
CFO Approver
Bulosan, Dahle
Date
5/2012021
CFO Action*
No Action Taken
• Approve
Reject
Action Notes
Ciry Manager Approval
City Manager Approver
Hopkins, Travis
Date
5/2on021
City Manager Action*
No Action Taken
Approve
., Reject
Action Notes
Request
Date
5/24/2021
Requester Name'
Rief, Sunny
Department`
FINANCE
Project Manager Name'
Rief, Sunny
PARTS 1 8 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:'
Willdan Financial Services
Amount of this contract:'
S 29,250.00
Account Number and Contractual Dollar Amount
Business Unit. Fiscal Year" Dollar Amount' Description(auto-populates if account number is
Object Code' valid)'
40540105.69365 2021-2022 S 3.250.00 Other Professional Services
40840101.69365 2021-2022 S 3,250.00 Other Professional Services
41040105.69365 2021-2022 S 3,250.00 Other Professional Services
40540105.69365 2022-2023 S 3.250.00 Other Professional Services
40840101.69365 2022-2023 S 3.250.00 Other Professional Services
41040101.69365 2022-2023 S 3.250.00 Other Professional Services
40540105.69365 2023-2024 S 3.250.00 Other Professional Services
40840101,59365 2023-2024 S 3,250.00 Other Professional Services
41040101.69365 2023-2024 S 3,250.00 Other Professional Services
Were formal written proposals requested from at least three available qualified consultants?'
0 Yes (v No
If no, please explain'
Attach a list of consultants from whom proposals were requested(including a contact telephone number.)'
Huntington Beach Renewal Proposal CFD Admin May 2021_21437.pdf 115.91KB
Attach Exhibit A,which describes the proposed scope of work.'
Huntington Beach Renewal Proposal CFD Admin May 2021_21437.pdf 115.91KB
Attach Exhibit B,which describes the payment terms of the contract.'
Willdan Payment Terms.pdf 83.13KB
Approval
Department Head Approval
Department Head Approver
Bulosan, Dahle
Date
525/2021
Department Head Action`
No Action Taken
• Approve
Reject
Action Notes
Purchasing Approval
Purchasing Approver
Litvak, Glynis
Date
5252021
Purchasing Action'
No Action Taken
• Approve
Reject
Action Notes
Budget Approval
Budget Approver
Bubenheim,Serena
Date
5/25/2021
Budget Action'
No Action Taken
• Approve
Reject
Action Notes
CFO Approval
CFO Approver
Bulosan,Dahle
Date
s/zsrzort
CFO Action`
No Action Taken
! Approve
Reject
Action Notes
REY
CERTIFICATE OF LIABILITY INSURANCE DATEUWm 07MWWI
O7ro8202I
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 cerilllcate holder Is on 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 w
certificate does not center rights ID the certificate holder In lieu of such endorsomenl(s). �
U
PROOUCEH CONTACT .0
Age Risk Insurance services West, Inc. NAME.
LOS AngCles CA Office (GNa.En); (E66) 131-7121 F Im : (800) 361-0101 v
707 wit shire Boulevard EMAIL e
Suite 2600 AWN ESS: _
LOS Angeles CA 90017-0460 USA
INSURER(S)AFFORD940 CCVERAOE MAIC0
114URED INSURER A: Travelers Property Cas Co of America 25674
Willdan Financial Services RMURER 9: Lexington Insurance Coapany 19437
27368 via industria
suite 200 INSURER C:
I MCCU1 a. CA 92590 USA tNWRERO:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:570088348749 REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMFDAROVE FOR THE POLICY PERIOD
INDICATED.NOTWfTHSTANE)ING 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 POLIGLES DESCRIBED HEREIN IS SUBJECT TO ALL 1'I IE'TENNIS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS, Limits shown are asr Deslod
TYPE Of WSUPANLE AWL Uki INgg POIICT NIILBER MLL NMID/VYYY UWTS
% COMMEPCIALGENENALUARKRY J b TIL EACH CKWHARENCE S1,13D0,000
cLANMSMADE x =un -DAMAGE TO f.Ni Pt $1,000,000
_ PREA• ES Garwanu
% ErglgN Wroea LMG(q MED EXP put one peter) S15,000
X LMVAGWI LMNTr MtlpdA4 PERSONAL a AOV NJURY S1,000,000 0i
0
U[NLAGOREOATE LLI'RAPPLEa PER: GENENALAGOREGATE I2,OPO,000 m
% 1'IXICV ❑Jr nIDC PH(KUC1a COMJMOPADO $2,000.000
OIHFII: g
A A&DOWBILE LIADAnT 810-7N676545-20-43-G 11/09/202011/09/2021 CKLMMED SWOLE LNIT
$1,000,00
% ANYAUI) BODILY INJURY(V..Pnpbn) O
Z
OWNED SCHEWLED 801BLY MIRY(Pen oWnend d
AUTOS ONLY AUTOS q
WEDAUTOS h'ON{ NFO PROPERTY M\•ARE y
Out, AUTOS ONLY pr ladU,H.
C
UCMHLLLALM _I OCCUR EACH IX:CLMFNCF
xOCdGUAO II!CIAMSWADE AGOREOATE
oF0 [TEMDN
A WORKERSCOMPENSAIgNAND UROL6636782043C 11 609 0 T1775777M x I Pre sTATu a IN
EMPLOYERS'LIAWLRY ,N
AN PROIDETONI PANTAEN/ESECUTIVF. F I.FACH ACCIDENT $1,000,000
Off CENMEA'EEN ES41pEDl N N1A
(ILIMAbry NR Nlg E L DISEASE-EA EMPLOYEE I1,000,000
Pyyee MWrInCN
OESdPPIION Oi OPEMTNIS babe E.L.OISGSLPq.ICY UMPF S1,000,000
a Arch t&Eng Prof174 1 11/09/202C li/09/2021 Aggregate 2,000,000
SIR applies per policy tef s & Condit ions Per Claim S1,000,000
DESLPPIIONI OF OPERAi1pNS I LOLAMNS n VEHICLES(ACORD 101,AeemonM RamPXa SpaAeu!A,nuy bI A11ACNAa II mwA syAm M rpPUYM)
RE: COmmunities Facilities District administration, Delinquency Management, and Continuing Disclosure service. General
Liability policy excludes claims arising out of the perfomam-P of professional services. independent Contractors are included bb
as respects rD General Liability. City and its officers, elected or appOieLed officials, enploy
'�es, agents, and volunteers are
included as additional insureds as respecth pot n.Y pPy6{P tWr(TEMECULn).
SIR for the Professional Liability is Io. P'9ts to General and Auto Liability in accordance wiPROV00 p}
CERTIFICATE HOLDER CANCELLATION 6Y• HAIL--1rRHE'f
SHOULD AIry OF IRE AOOW OESC�OyTB��CD O'IQ 'LLEO DEFORE THE
EXPIRATION "ATE 1HEPEOF, NOTICE l..l�' ED IN ACCOnMNCF. WITH THE -
PO MUY PROANPOYS.
City of Suntington Beach AUTHDRREO REPRESENTATNP.
Attn: SUm1Y Han, CPA, CFI,
Pro ect Manager, Finance Department /� /'� C� ///JJJ
2 Huntington
street (�/(i._/r� •-/� ' yLed
Nun li ngt On teach CA 97648 USA R ✓1.6+R Rbatasfm c/nfrMaf lPr4
0198E-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD