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HomeMy WebLinkAboutAdvanced Avant-Garde, Inc. - 2021-07-20 2000 Main Street. Huntington Beach,CA 92648 City of Huntington Beach Anep,o✓ED6- o-/ File #: 22-184 MEETING DATE: 3/15/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Ken Dills, Administrative Services Manager Subject: Approve and authorize execution of contract Amendment No. 1 with Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services Statement of Issue: On July 21, 2021 , City Council approved a three-year agreement with Avant-Garde Corporation for on-call grant writing and administrative consulting services in an amount not to exceed $250,000. Staff anticipates an increase in workload necessary to manage the labor compliance and administration of the City's Federal American Rescue Plan Act (ARPA) and Federal Emergency Management Agency (FEMA) funding and is seeking the amend Advance Avant-Garde's contract by increasing the not-to-exceed amount to $500,000 and adding one additional year to the term. Financial Impact: Services provided by Advanced Avant-Garde will be funded by available project funding in the Fiscal Year 2022/23 Capital Improvement Program (CIP) and in subsequent year CIPs. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services" increasing the not-to-exceed amount to $500,000 and extending the contract term one additional year. Alternative Action(s): Do not approve the amendment. Analysis: On July 20, 2021, staff anticipated federal stimulus grants related to infrastructure and secured the support services of Advance Avant-Garde to apply for grant funding and administer those funds related to water, wastewater, stormwater, transportation and park improvements. Since that time, the City has secured almost $30 million in ARPA funding and $6 million in FEMA funding. Advance Avant Crty of Huntington Beach Page 1 of 2 Printed on 3192022 [].ve"A 1 aqp Lei 1's -^' File #: 22-184 MEETING DATE: 3/15/2022 Garde's expertise is in federal compliance, and its services have been required to review documents for all of the City's federally funded projects. Staff anticipates an increase in workload necessary to manage the labor compliance and administration as the federal projects progress into implementation and construction phases Environmental Status: Not applicable for this action. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Amendment No.1 to Agreement Between the City of Huntington Beach and Advanced Avant- Garde Corporation City of Huntington Beach Page 2 of 2 Printed on 3/9l2022 powertUq Legistaru ANIENDNIENT NO. I TO AGREE\,11--N1' 13E'f\VE13N THE CITY 01: I IUNTINGTON 13EAC1-1 AND ADVANCED AVANT-GARDE CORPORATION ION FOR ON-CALL. GRANT WRITING AND AD\41NISTRATIVE CONSULTING SERVICES THIS A\,lEND\4ENT is made and entered into by and between the CITY OF I IUNTINGTON REACH. a California municipal corporation. hcreinafier referred to as "Cit%,." and ADVANCED AVANT-GARDE CORPORATION. hereinafter referred to as "ConsUltant... \ HEIREAS, City and Consultant are parties to that certain agreement, dated Jule 20. 2021. entitled "Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services" which agreement shall hereinafter be referred to as the "Original Agreement': and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant. NO\\ I-I-IEREI.ORE, it is agreed by City and Consultant as follows: I . ADDITIONAL CONIPENSATION In consideration of the services to be perlormed under the Original Agreement. Citv 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 "I-wo Hundred Fifly Thousand Dollars (S250.000.00). The additional sum shall be added to the original sum of Two 1-lundred FiftV Thousand Dollars (S250.000.00), for a new' contract amount not to exceed Five Hundred Thousand Dollars (S500.000.00). 22-11021/276320 1 2. TERM The term of the Agreement is extended for one additional year until July 19, 2025, 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on Amon /5g7 - 12022. ADVANCED AVANT-GARDE CITY OF HUNTINGTON BEACH, a CORPORATION municipal corporation of the State of California CA"O'v. o 1G print name ITS: (circle one)Chairtn idennlVlce President Mayor AND B � TZn2 7 w City Clerk 1+t Nla y4 INITIATED AND APPROVED: print none ITS: (circle one)Secretary hief Financial Ofti Asst.Secretary-Treasurer — Director of Public Works APPROVED AS TO FORM: City Attorney IkW COUNTERPART 22-110211276320 2 2. TERM The term of the Agreement is extended for one additional year until July 19, 2025, 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /jjAI'z h / 16-12" , 2022. ADVANCED AVANT-GARDE CITY OF HUNTINGTON BEACH, a CORPORATION municipal corporation of the State of California By: ` print name Awft his ITS: (circle one)Chairman/President/Vice President Mayor Q� �t ����) AND 1(� '^'�I"die4'i City Clerk By: 4De%ctorof CMWork print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVE M: Ci Attomey C®iJPdTE:�i'A�T 22-110211276320 2 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Program Director ...................................... $130 Program Manager.................................... $110 Senior Program Coordinator ..................... $95 Program Coordinator ................................ $85 Program Assistant .................................... $75 B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CTI'Y to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until 1 Exhibit B the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B A m oATe(MMroonrvY) CERTIFICATE OF LIABILITY INSURANCE 12152021 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 endorsoment(s). PRODUCER CNOARle cr The Certificate Team AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 .IN No.E W I WC,NOC Lafayette CA 94549 AD RE s CWsUeslgnPro[dJAssuredPanners.com WSURERISI AFFORDING COVERAGE HAIC0 LicIurnoM 000374 INSURER A:Admiral Insurance Company 24856 INSUREO AWAAVA-01 INSURER 8:Sentinel Insurance Company 11000 Advanced Avant-Garde,Inc,dba Avant Garde Inc. INsuaERc: 3670 W.Temple AVE., Suite 8278 Pomona CA 91768 INSURER D: NSUHEHE: INSURER F: COVERAGES CERTIFICATE NUMBER:411498910 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1 HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH'rills 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 TYPE OF WSURANCE POLICY NUMOCft wUD DFF POLICY EXP LIMITS a X COMMERCIAL GENERAL LIABILITY Y Y 57SBARG1491 711/2021 7/1n022 EACHOCCURRLNCE $2000000 CIAIMSMAOE M OCCUR PREMISES fEaEaswre,cel $1,000,000 X DOAVaGUM Usb MEO EXP oro loon $10,00a IAWdW PFRSONAL S ADV INJURY $2,000,000 CENL AGOREOAfE LIMN AP�PL�IES PER OFNF.RAI.AGOREGATE $4000000 OI P IO.Y0 jtp I � 1ILOC PRODUCTS-00MP1pP AGG $4OD0000 OTHER S a AUTOMOBBELIABIIITY Y Y 5789ARGi491 7/1/2021 7112022 COMBWEDSIMIT Mir $2.000.000 ANY AUTO RCORYWJURY(Pm Parsm) $ OWNED SCHEDULED 3COILYINJURY(Pw*ak1mt) $ AUTOS ONLY AUTOS X HIRED X NCNO NEO PAOPERTY OHMAGE $ AUTOS ONLY AUTOS ONLY P S a X UMBRELLALUO X OCCUR Y Y 57SBARG1491 7/12621 7/Wa22 FACHOCCURRENCE $2.000,000 EXCESS LMD tl.AIMSiIADE AGGHEGAIF $2,000,000 DEO I X I RETENTION 6 A 11, S WORKERS COMPENSATION I PER 01H. AM EMPLOYERS'LIABILITY YIN TATUrE H ANYPROPRIETORJPARTNEIVEXECUUVE E.L EACH ACCIDENT S OFRCERAVENJICAEXCI.UOFO7 NIA (MNWMt MNH) Er_.DISEASE-EA EMPLOYEE S IT yyaa.de.vi5e war OES(Aa'T10N OF OPERATIONS oa'A.Y E.L.DISEASE-POUCY LIkrt S A wckubltA'Ll"q E000003160607 12/17/2021 12117nO22 Pn Clan $1,000.000 AWragxa LNni $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORO Let.Adtlaonal R.mvks SCMdu ,may W.MachW Um space la r.RVlnd) Umbrella Liabllity polity Is a follow-farm undedying General Liability/Auto Llability/Emptoyers Liability.Insured wms no Company vehicles:therefore, hired/no cv auto 'athe meTdmum covera6o of applies. RE:On-call Gmnl Writing and Adrnintstrallon,Labor Compliance,Project Management(40395). City of HunllrrlTggton Beach,Its officers,elected orappointed officials,employees,agents and volunteers are named as Additional Insured as respects to General and Auto Liability coverage as required by wdtten Contract or agreement General IJabNly Is PrimmPryM�rb-C IIrI�Ir r pWlay,form wording.Dy: ROB-------- CERTIFICATE HOLDER CANCELLATI Cancallatlon tANY OF HUNTING BEACH SHOULD 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. Attn: Chou Vu 2000 Main Street AUTHORREOREPRESENTATIVE Huntington Beach, CA 92648 A„ , 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nvw-tiv.huntingtonbeachca.gov 17 MCA Office of the City Clerk Robin Estanislau, City Clerk March 17, 2022 Advanced Avant-Garde Corporation Attn: Ana Marie LeNoue 3670 W. Temple Ave., Suite 278 Pomona, CA 91768 Dear Ms. LeNoue: Enclosed is a fully executed copy of the Amendment No. 1 to Agreement between the City of Huntington Beach and Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services approved by City Council on March 15, 2022. Sincerely, 9,4�4444,&J Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand �' APPrQp✓ED 6-O City of Huntington Beach File #: 21-484 MEETING DATE: 7/20/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Grant Writing and Administration Consulting Services with Advanced Avant-Garde, Inc., Engineering Solution Services, KOA Corporation, and Villa Civil, APC Statement of Issue: The Public Works Department requires professional grant writing and administrative services on an on-call or as-needed basis to prepare and administer grant applications for federal, state, regional, and local funding opportunities. Consultants will conduct research to identify grant resources that support the City's funding needs and priorities; provide community outreach services, including developing community involvement strategies; and coordinate with funding agencies on post-award procedures, project delivery, funding requests, quarterly reporting, and labor compliance. Financial Impact: The City's Fiscal Year (FY) 2021/22 Capital Improvement Program (CIP) Budget was adopted on June 1, 2021, and totals $39.3 million (All Funds) for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for project administration and other required costs. The four recommended contracts, totaling $1.0 million, will be funded out of the CIP or department operating budget, as needed. As such, no additional funding is required by this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Advanced Avant-Garde Corporation, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250.000: and. (c B) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000; and, iESu atp<rwtz -,A le .�C) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and IESLt pa�wrsc�G 7 (G City of Huntington Beach Page 1 of 3 Pnnted on 71142021 p .ere,JU Legsla,"' File #: 21-484 MEETING DATE: 7/20/2021 Administrative Consulting Services," in an amount not to exceed $250,000; and, D) Approve and authorize the Mayor and City Clerk to execute, "Professional Services Contract Between the City of Huntington Beach and Villa Civil, APC, for On-Call Grant Writing and Administrative Consulting Services," in an amount not to exceed $250,000. -k.1 Z4-ae_PArWtt LlL Alternative Action(s): Do not authorize the proposed contracts and direct staff accordingly. Budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On April 1, 2021, the City advertised a Request for Qualifications (RFQ) for On-tall Grant Writing & Administrative Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eleven (11) proposals were received for On- Call Grant Writing & Administrative Consulting Services. In accordance with qualifications-based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Each firm submitted a proposal indicating their category of expertise. Proposals were then evaluated and ranked by the review board. The top four firms were selected to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The four contracts recommended for City Council approval are for on-call support staff to pursue grant funding and administer existing grant funds related to water, wastewater, stormwater, transportation, and park improvement projects. These services will be utilized to supplement City staff in meeting annual CIP goals, as an extension of staff, and/or to provide required expertise for unique projects. Additionally, these services will be required to secure federal stimulus grants anticipated this year. Each project is evaluated on a case-by-case basis to determine if these services are necessary. Typical grant application and administrative support costs from the use of consultants on a CIP project varies between three to ten percent of the total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual consultant costs would be around $250,000 to the City for total CIP projects, or approximately $1 million over the next three years. Some of the typical grants for water, wastewater, stormwater, transportation, and park improvements include the following: Active Transportation Program (ATP), Highway Safety Improvements Program (HSIP), Prop 1 Groundwater, Recreational Trails Program, Prop 68 Sustainable Groundwater Management, Rebuilding America Infrastructure with Sustainability & Equity Program (RAISE), CalOES Flood Mitigation Assistance, Infrastructure State Revolving Fund, USBR Water Smarts Program, and Drinking Water State Revolving Fund. Administrative support services are needed for grants related to water, wastewater, stormwater, parks . and transportation CIP projects. These Consultants have been selected to meet the projected workload over the next three years, with a total not to exceed amount of$250,000 per firm. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 7,1412021 .. . r�32 . _s•e._._ File #: 21-484 MEETING DATE: 7/20/2021 Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachmen![§ 1. Professional Services Contract between the City of Huntington Beach and Advanced Avant- Garde Corporation for On-Call Grant Writing and Administrative Consulting Services 2. Professional Services Contract between the City of Huntington Beach and Engineering Solutions Services for On-Call Grant Writing and Administrative Consulting Services 3. Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Grant Writing and Administrative Consulting Services 4. Professional Services Contract between the City of Huntington Beach and Villa Civil, APC. for On-Call Grant Writing and Administrative Consulting Services 5. RFQ Award Analysis City of Huntington Beach Page 3 of 3 Printed on 7/14/2021 vowere633 Legis:ar'° PROFESSIONAL SERVICES CONTRACT BETWEF..N THE CITY OF I IUNTINGTON BEACH AND ADVANCED AVANT-GARDE CORPORATION FOR ON-CALL GRANT WRITING AND ADMINISTRATIVE CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of 1-11.111tington Beach. a municipal corporation of the State of California, hereinafter referred to as 'CITY," and Advanced Avant-Garde Corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call grant writing and administrative consulting services-, and Pursuant to documentation on file in the of-lice of the City Clerk, the provisions of the Fluntington Beach Municipal Code. Chapter 3.03, relating to procurement of professional service contracts have been complied with: and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Such Shoja who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 21.9860060295 1 of 12 5/19-204082 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on aV13�*j 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 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 Two Hundred Fifty Thousand Dollars ($250,000.00). 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 21-9MG260295 2 of 12 5119.264082 7. DISPOSITION Of PLANS. I STIMATLS AND OTHER DOCUMLNTS 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 CONSUL TAN-r shall turn these materials over to CITY upon expiration or termination of' thisAgreement or upon PROJECT completion. whichever shall occur first. -these materials may be used by CITY as it sees fit. 8. }TOLD HARN,11-ESS A. CONSULTANT- hereby agrees to protect, defend, indemnify and hold harmless CITY, its oflicers. 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 o1 litigation of every nature or liability of-any kind or nature) arising out of-or in connection with CONSULTANf'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 CONSULTAN"f. 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. 13. To the extent that CONSULTANT- performs "Design Professional Services" within the meaning of Civil Code Section 2782.8. then the f-ollo\ving Hold Harmless provision applies in place of subsection A above: 21-9860n60295 3 of 12 5/19-204082 "CONSULTANT hereby agrees to protect. defend, indemnify and hold harmless CITY and its ol'ticers, elected or appointed officials, employees, agents and volunteers, front 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 wilfful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSUI TANT 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 clefense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A\ or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL. LIABILfrY 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 21-9S60(260295 4 of 12 5/19-20a082 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTAN-r will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or rctuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT- waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall hlrnish 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 21-9800260295 5 of 12 119 204082 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 ot'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 oblications as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy 01' 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 payroll deductions for CONSULTANT and its officers. agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All Nvork required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 21-98601160295 6 of 12 i/19-204082 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. li. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COI'YRIGI-t"I-S/I'A"1-EN"I S CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. Cll-Y EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICL'S 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 mluested: 21-9860/160295 7 of- 12 5/19-20J082 TO CITY: TO CONSULTANT: City of 1-luntington Beach Advanced Avant-Garde Corporation AT"1-N: Chau Vu/Sarah Whitecotton Attn: Ana Marie LeNoue 2000 Main Street 3670 W. Temple Ave., Suite 278 Huntington Beach. CA 92648 Pomona, CA 91768 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. 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 1-IEADINGS The titles, captions, section. paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret. define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning. and not strictly for or against any of the parties. If any provision of' this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 21-9y60n-60295 8 of 12 5/19-204032 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law. and wherever there is any conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract. then the latter shall prevail. and the provision of' this Agreement 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. ININI]GRATION 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. [,,EGA[- 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 Charger 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. 21-9860l26029i 9 of 12 i/19-204082 24. ATTORNEY'S PEGS fit 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 attorneys 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 This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power. authority and right to bind their respective parties to each of the terms of this Agreement. and shall indemnify CITY filly 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 21 9860r-160295 10 of 12 5/19-204082 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 Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WI-IEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 21-98e0n_60295 l I of 12 CONSULTANT, ADVANCED AVANT-GARDE CITY OF HUNTINGTON BEACH, a COROPRATION municipal co tion of the State of Califo is By: MaY9� print name ITS: !circle ones Chairman:PresidenWice President City Clerk w AND INITIAT AND By: print name Director of Public Works ITS: (circle one)SecrctaryiChief Financial Officcr'Asst. secretary•Treasurer ?gtNrA ED: City Manager APPROVED AS TO FORM: ity Attorney COUNTERPART 21-98e0ae0295 12 of 12 5l19-204082 CONSULTANT, ADVANCED AVANT-GARDE CITY OF HUNTINGTON BEACH, a COROPRATION municipal corporation of the State of IJ 1;w�p California By: 00 Mayor print name ITS: (nrcle one)Chai resi is President City Clerk AND By: �l P INITIATED AND APPROVED: Tm y U55 `)move M0�YHO( y(Q print name Director of Public Works ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treas = REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: o-W City Attorney COUNTERPART 21-9960260295 ]2 of ]2 5/19-204092 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as-needed" basis for projects to be determined during the term ofthe agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSUL CANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to City fir its review and approval. Scope of services to be provided: Grant Writing Services Consultant shall provide experienced personnel, equipment. and facilities to perform the following tasks. Prepare grant applications for available federal, state, regional, local and other grant funding opportunities. • Conduct research to identity grant resources that support the City's funding needs and priorities. • Provide community- outreach services including developing comnumity involvement strategy, facilitation of outreach meetings, preparation and distribution of bilingual outreach materials including mailing pieces, surveys, interviews and creation ofcontent for project specific web sites as needed for projects assigned by the City. Grant Administration • Serve as the City liaison on project related activities. • Assist in the preparation of agreements and miscellaneous project related documents (i.e. Caltrans E-76). • Coordinate with funding agencies on project delivery and prepare finding requests. • Coordinate with City Attorney for preparation of agreements. • Prepare agenda reports for City Council meetings and presentations as needed. • Prepare quarterly progress reports and reimbursements as needed. • Coordinate with engineering team and/or technical services team as needed. • Attend scheduled project development team meetings. • Provide support for community relations and preparation of informational materials. • Prepare miscellaneous reports and assist City stall-as needed 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Shall be per CONSULTANT'S State of Qualifications (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Grant Writing and Administrative Consulting Services. Upon award, and the contract period, ifCONSUI..TANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these stall to City for approval before commending work. EX1-II13IT A C- CITY'S DUTIES AND RESPONSIBILITIES: 1. furnish scope of work request for each project. 2. PUrnish anv relevant plans, studies. documents, or drawings to the CONSULTANT. D. WORK PROGRAMAIROIECT SCHEDULE: A project schedule will be developed for each project assigned by Cite. EX1-1113IT A E\HIBIT "13" Payment Schedule (Hourly Payment) A. 1-Iourly Kate CONSULTANT'S fees for such services shall be based upon the folloNving hourly rate and cost schedule: Program Director ...................................... $130 Program Manager .................................... silo Senior Program Coordinator ..................... $95 Program Coordinator ................................ $85 Program Assistant .................................... $75 13. Travel Charges for time during travel are not reimbursable. C. Billinu I . All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perl'onn that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance. the total fees and costs incurred to date for the project. 3. A cope of memoranda. letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of,tasks. In the event CITY rejects or has comments on any such product. CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement: 13) Describe the services performed; C) Show the total amount of the payment due: D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement: and E) For all payments include an estimate of'the percentage of work completed. Upon submission of any such invoice. if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement. CITY shall approve the invoice. in which event payment shall be made within thirty (30) days of receipt ol'the invoice by CITY. Such approval shall not be unreasonably withheld. It' CITY does not approve an invoice. CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of perforniance set forth in Exhibit "A" may at the option of CITY be suspended until 1 Exhibit 13 the parties agree that past performance by CONSULTANT is in. or has been brought into compliance. or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work perlbnned is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND I.OR Table of Contents IScope of Services.....................................................................................................I 2 City Stafl'Assistance................................................................................................2 3 I crm: Time ol'Pcrformance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment...._............................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................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 Cite Employees and Officials..................................................................................7 16 Notices...................................................................I.....................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .................................................................................................__8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 72 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attornev's Pees................................ .........................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date................................................................................. I I " ' 0 DATE(MMIODFYYYYI A� CERTIFICATE OF LIABILITY INSURANCE 62212021 THIS CERTIFICATE 15 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. II SUBROGATION IS WAIVED, subject to the forms and conditions of the policy, certain policies may require an endorsement. A statement on this certi(Icato does not confer rights to the certificate holder In Ilou of such ondorsement s. raooucER co NAME: The Cenlfcale Team Assured?artners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mi. Diablo Blvd Suite 230 _rC.xo_EXB' �AJ�.HEI' Lafayette CA 94549 o AIL CensOosignP(o AssuredPartners.com INSURERS)AFFORDING COVERAUE NAIC0 INSURER A:Admiral Insurance Company 24856 INSURED ADVAAVA-01 INSURER a:Sentinel Insurance Compaq 11000 Advanced Avant-Garde, Inc.dba Avant Garde Inc. 3670 W.Temple Ave., Suite#278 INSURER C: Pomona CA 91768 INSURER D: INSURER a: INSURER F: COVERAGES CERTIFICATE NUMBER:1872262484 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 PER"rAIN, 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. SR ADDL SUBRI POLICY 'FF POLICY EXP UNITS LTR TYPE OF INSURANCE POLICY NUMBER MM DB YY MMI OrYY B X COMMERCIALOENEMLLMSIUIY Y Y 57SBARG1401 7M2021 7/1/2022 EACHOCCURRENCE $2,000,000 �CI-AIMS-MADE I_J OCCUR PREMISES(EO OGGwreE nwl $1.000,000 X conuddPai LIM MED EXP(APy me Orson 31000G IPchx1W PERSONAL 6 AOV INJURY $2000000 GENL AGGREGATE LIMIT APPLIES PE R: GENERALAGGREUATE $4000000 POLICY❑ Ecr" ' f X PRODUCTS-COMPIOP AGO $4,0)✓0 000 OTHER: S B AUTOMOBILE LIABWTY Y V 578BARG1491 711/2021 711/2022 COMBINEODISINGLE LIMIT $2.000.000 ANY AUTO BODILY INJURY(FIX Pttsm) 3 OWNED SCHEDULED BODILY WJURY(Per Ocdtlmq S AUTOS ONLY AUTOS X HIRED X NON OWNED PROPERTY 3 AU TOS ONLY _ AU TOS 04LY IS B 1X UMBRELLALIAa X OCCUR Y Y 57SELARG1491 7/1/2021 VW2022 EACHOCCURRENCE 3?DeD,000 EXCESS LIAB CLAIMS MADE AGGREGATE $2,00D000 -_ DED TX RETENTION10 Dan $ WORKERS COMPENSATION STATUTE R OERH - ANCEMPLOYERa'LIAUILITY YIN ANYPROPRIEIORNAXINEILEXECUINE ❑ NIA EL EACHACCIOFNT $ OFFICERIMEMBEREXCLUUEO7 (Mnnd010ry1n N1) E.L.DISEASE-EA EMPLOYE" $ Ir yyeeO doua.vWN , DESCRIPTION OF OPERATIONS bdo E.L.DISEASE.POLICY LIMIT $ A 1PmrouKXuiuoway'S E00000318050e 12117/2020 12117/2021 Per Chin S1,00G,D00 MFu0I A9V09010 $1,000,DG0 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,AddlBorul ROnufkO bO Ub IPKJ If mOn•peu la n9Plntl) Umbrella Liability policy is a follow-form to Its underlying Policies:General Llabifity/Auto Liabilityy/Employers Liability. RE:On-call Grant Wnling and Administration,Labor Compliance,Project Management(40395). City of Hunting9ton Beach,Its officers,elected or appointed officials,employees,agents and volunteers we named a%RPS pVWI A090cF®R4spects to General and Auto Llablllty coverage as required by written contract or agreement.General Liability Is Pdmery/Non-Contributory per poll wording. BY: - ICHAEL E. GATES CITY ATTORNEY CrFY OF HUNTINGTON REACH CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of I luntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Chau Vu 2000 Main Street AUTHORIZEDREPRESENTATIOE I iuntington Beach, CA 92648 ®1989-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and(ago are registered marks of ACORD POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-24-2021 GROUP: POLICY NUMBER: 9283035-2020 CERTIFICATE 10: 9 CERTIFICATE EXPIRES: 08-28-2021 08-28-2020/08-28-2021 CITY OF HUNTINGTON BEACH SP JOB:GRANT ADMINISTRATION & GRANT WRITING 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy yydedescribed herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT F2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2020-08-28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY EMPLOYER VILLA CIVIL (A CORP) SP 406 JOLINA WAY ENCINITAS CA 92024 (P 12,HO] IREV.7-10141 PRINTED : 08-24-2021 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Engineering Solution Services OVERALL RANKING: 1 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 439 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 439 500 II. DUE DILIGENCE REVIEW Interview Ranking: 1 Engineering Solutions Services—Summary of Review • Engineering staff who secured funds for water, sewer, stormwater, transportation, parks & facilities Engineering Solutions Services— Pricing • Clerical from $58/hr to Project Manager$150/hr 128 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Avant Garde Corp. OVERALL RANKING: 2 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director- Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 418 VENDOR NAME—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 106 125 Qualifications 106 125 Clarity 37.5 50 Cost 112.5 125 References and Background 16 25 Total 418 500 ll. DUE DILIGENCE REVIEW • Interview Ranking: 2 Avant Garde Corp—Summary of Review • Admin staff who secured State & Federal funds & provide labor compliance. Avant Garde Corp—Pricing • Program Asst. from $75/hr to Program Director $130/hr 2 129 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: Villa Civil Corp. OVERALL RANKING: 3 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director- Transp & Eng 2. Deputy PW Director - Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 384 VENDOR NAME-Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 37.5 50 Technical Approach 109 125 Qualifications 106 125 Clarity 40 50 Cost 75 125 References and Background 16.5 25 Total 384 500 II. DUE DILIGENCE REVIEW • Interview Ranking: 3 Villa Civil Corp-Summary of Review • Engineering staff who secured State & Federal funds for water, sewer, stormwater, transportation, parks & facilities; & provide labor compliance- Villa Civil Corp- Pricing • Admin. Ass[. from $801hr to Principal Eng. $220/hr 3 130 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Grants & Administrative Services SERVICE DESCRIPTION: Staff support for grant writing and post-award funding administration. VENDOR: KOA Corp. OVERALL RANKING: 4 out of 4 SUBJECT MATTER EXPERTS/RATERS: 1. Deputy PW Director— Transp & Eng 2. Deputy PW Director- Utilities 3. Administrative Services Manager 4. Asst. CFO I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 366 VENDOR NAME— Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 40 50 Technical Approach 113 125 Qualifications 118 125 Clarity 43 50 Cost 103 125 References and Background 22 25 Total 366 500 It. DUE DILIGENCE REVIEW • Interview Ranking: 4 KOA Corp.—Summary of Review • Engineering staff who secured funds for transportation, parks & facilities. KOA Corp. —Pricing • Admin Asst. from $72/hr to Principal Engineer II $292/hr 4 131 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nvww.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clcrk July 28, 2021 Advanced Avant-Garde Corporation Attn: Ana Marie LeNoue 3670 W. Temple Ave., Suite 278 Pomona, CA 91768 Dear Ms. LeNoue: Enclosed is a copy of the "Professional Services Contract between the City of Huntington Beach and Advanced Avant-Garde Corporation for On-Call Grant Writing and Administrative Consulting Services" approved by the Huntington Beach City Council on July 20, 2021. Sincerely, 4� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand