HomeMy WebLinkAboutLorraine Mendez & Associates - 2022-07-01 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LORRAINE MENDEZ &ASSOCIATES
FOR
US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)
CONSULTING 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 LORRAINE MENDEZ &ASSOCIATES, a Limited Liability Corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide US Department
of Housing & Urban Development (HUD) Consulting 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 perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. 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 Lorraine Mendez 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.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on U-e , 2022, (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 Three Hundred Thousand Dollars ($300,000).
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."
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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.
8. HOLD 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.
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:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or 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 LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
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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.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising 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 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
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on the insurance hereinabove required.
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 work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
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event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfy the insurance requirements as set
forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY 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. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent(as designated in Section 1 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:
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TO CITY: TO CONSULTANT:
City of Huntington Beach Lorraine Mendez&Associates
ATTN: Director of Community Attn: Lorraine Mendez
Development 2205 Spyglass Trail W.
2000 Main Street Oxnard, CA 93036
Huntington Beach, CA 92648
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 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
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
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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. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
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 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
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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 Manager.
This Agreement shall expire when terminated as provided herein.
30. GENERAL PRINCIPLES
CONSULTANT shall, comply with generally accepted accounting principles and
good business practices, including all applicable cost principles published by the Federal Office of
Management and Budget (OMB), including 2 CFR 200 -UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS "The Uniform Guidance", which can be viewed at https://www.ecfr.gov/cgi-
initext—idx?tpl=/ecfrbrowse/Title02/2cfr200_main 02.tpl. CONSULTANT shall comply with all
federal, State and other funding source requirements. CONSULTANT shall, at its own expense,
furnish all cost items associated with this Agreement except as herein otherwise specified in the
budget or elsewhere to be furnished by CITY. CONSULTANT shall submit annually to the CITY a
cost allocation plan in accordance with The Uniform Guidance.
31. COMPLIANCE WITH LAWS AND REGULATIONS
CONSULTANT shall at all times perform is obligations hereunder in compliance
with all applicable Federal, State, County, and local laws, rules and regulations, current and
hereinafter enacted, including facility and professional licensing and/or certification laws and keep
in effect any and all licenses, permits, notices and certificates as are required. CONSULTANT
shall further comply with all laws applicable to wages and hours of employment, occupational
safety, and to fire safety, health and sanitation.
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32. EQUAL OPPORTUNITY
CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act
of 1964 in that it will not discriminate against any individual with respect to his or her
compensation, terms, conditions, or privileges of employment nor shall CONSULTANT
discriminate in any way that would deprive or intend to deprive any individual of employment
opportunities or otherwise adversely affect his or her status as an employee because of such
individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual
orientation or marital status.
33. AFFIRMATIVE ACTION
Each CONSULTANT and subcontractor of services and supplies employing fifteen
(15) or more full-time permanent employees, shall comply with all Affirmative Action Programs
required by Federal or State law.
34. NON DISCRIMINATION
CONSULTANT shall ensure that services and facilities are provided without regard
to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental
disability, political affiliation or marital status in accordance with applicable laws, including, but
not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.0 200-d), Section 162 (a) of the
Federal-Aid Highway Act of 1973 (23 U.S.0 324), Section 504 of the Rehabilitation Act of 1973,
The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11,
1994), Executive Order 13166 (August 16,2000), Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101 ), Article 9.5, Chapter 1, Part 1,
Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Chapter 4,
Subchapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of
Policies and Procedures (CDSS MPP) Division 21.
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35. BYRD ANTI-LOBBYING AMENDMENT
CONSULTANT shall file Standard Form-LLL, "Disclosure Form to Report
Lobbying," to certify that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. CONSULTANT shall disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award by CONSULTANT or CONSULTANT's
Subcontractors. In accordance with 31 U.S.C. 1352, CONSULTANT shall also file a disclosure
form at the end of each calendar quarter in which there occurs any event that requires disclosure or
that materially affects the accuracy of the information contained in any disclosure form previously
filed. CONSULTANT shall include this provision in all subcontracts and require each of its
subcontractors to comply with the certification and disclosure requirements of this provision.
36. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
CONSULTANT agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CONSULTANT
agrees to report each violation to the USDA and the appropriate EPA Regional Office.
CONSULTANT agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.).
CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional
Office.
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37. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
CONSULTANT shall, in accordance with 2 CFR 200.321 -Contracting with small
and minority businesses, women's business enterprises, and labor surplus area firms, take
affirmative steps to include minority business, women's business enterprises, and labor surplus area
firm by:
a. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
b. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
38. PROCUREMENT OF RECOVERED MATERIALS
CONSULTANT shall comply with 2 CFR part 200.322. CONSULTANT shall
procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40
CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
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$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.
CONSULTANT certifies that the percentage of recovered materials to be used in the performance
of this Agreement will be at least the amount required by applicable specifications or other
contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate
the percentage of total material utilized for the performance of the Agreement that is recovered
materials and shall provide such estimate to CITY upon request.
39. AUDIT AND INSPECTION
CONSULTANT agrees to maintain and/or make available within the CITY accurate
books and accounting records relative to all its activities under this Agreement. Authorized federal,
State or County representatives shall have the right to monitor, assess, or evaluate CONSULTANT's
performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but
not limited to audits, inspection of premises, reports, and interviews of project staff and participants.
CONSULTANT assertions of confidentiality shall not be a bar to full access to the records.
40. AUDIT REQUIREMENT
CONSULTANTS that expend $750,000 or more of federal grant funds per year shall also
have an audit conducted in compliance with Government Auditing Standards, which includes Single
Audit Act Amendments and the Compliance Supplement(2 CFR part 200 App. XI).
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
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CONSULTANT,
CITY OF HUNTINGTON BEACH,a
LORRAINE MENDEZ&ASSOCIATES, municipal corporation of the State of
LLC California
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By:
10 City Manager
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By: INITIATED AND APPROVED:
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ITS: (circle one)Secretary/Chief Financial Officer/Ass(.
Secretary-Treasurer
Director of Community llevelotnncnt
APPROVED AS TO FORM:
City Attorney� (
COUNTERPART
22-11435285012 16 ol'I6
CONSULTANT,
CITY OF HUNTINGTON BEACH, a
LORRAINE MENDEZ &ASSOCIATES, municipal corporation of the State of
LLC California
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Director of Community Development
APPROVED AST ORM:
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Consulting Services for US Department of Housing and Urban Development(HUD),
Entitlement Grant Programs: Community Development Block Grant(CDBG) and HOME
Investment Partnerships Program(HOME).
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Perform and/or assist in the administration and implementation of HUD
requirements associated with the entitlement grant programs.
2. Work with Staff to assist with CDBG and HOME program compliance, including
conformity with Federal requirements
3. Preparation of environmental reviews for HOME and CDBG projects
4. Report preparation and completion (Annual Action Plan, Comprehensive Annual
Performance and Evaluation Report, Consolidated Plan, FFATA Section 3)
5. Sub-recipient file management,training and monitoring
6. Integrated Disbursement and Information Systems(IDIS) input and assistance.
7. Review of newly proposed HOME funded affordable housing agreements, exhibits
and documents as to compliance with established HUD HOME regulations
8. Review of newly proposed or revised HUD and CDBG Compliance;
9. Review of construction projects for HUD compliance;
10. Review/assistance with other HUD-funded programs as needed..
C. CITY'S DUTIES AND RESPONSIBILITIES:
Provide information and program details as necessary
D. WORK PROGRAM/PROJECT SCHEDULE:
Work identified in Exhibit A to be performed on an as-needed basis as per the hourly rate
and fees specified above and in the attached proposal.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
Principal $110/hour
Project Analyst $75 /hour
B. Travel. Charges for time during travel are not reimbursable
C. Billing
1. 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 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;
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
the parties agree that past performance by CONSULTANT is in, or has been
EXHIBIT B
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.
EXHIBIT B
_ y
Ac CERTIFICATE OF LIABILITY INSURANCE DATE(MM1OD/YYYY)
6/16/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the 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 endorsements).
PRODUCER Mg Emil Clark
CT
lnterWest Insurance Services, LLC PHONE g16 609-8306 1C.
No):916-608-8306
5 Sierra Gate Plaza WC E-MAIL
Roseville CA 95678 DD Ess: eciark iwins.com
INSURER(S)AFFORDING COVERAGE NAICN
LicenseM OB01094 INSURER A:The Hanover Insurance Company 22292
INSURED LORRMEN-01 INSURER B:
Lorraine Mendez&Assoc LLC
Lorraine Mendez INSURERC:
2100 Cold Stream Court INSURERD:
Oxnard CA 93036 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:599630668 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IR DL mMIDP
LT TYPE OF INSURANCE I POLICYNUMBER POLICY
DDYY POLICY
LIMITS
COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $
O &TTORENTED
E CLAIMS-MADE OCCUR I E Ea occurr nce $
MED EXP(Any oneperson) S
PERSONAL&ADV INJURY S
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
POLICY Q JEa LOC PRODUCTS-COMP/OPAGG $
OTHER:
$
AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $
E accident)
ANYAUTO BODILY INJURY(Per person) S
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per auIdant
S
UMBRELLA LIAO OCCUR EACHOCCURRENCE S
EXCESS LIAR HGLAJMS-MADE AGGREGATE S
DED I I RETENTIONS S
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN 6TATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
it yea,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Prof Liability LHF990661909 4/3/2022 4/312023 OCCIAGG 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES tACORD 101,Additional Remarks Schedule,may be attached If mare space le required)
City of Huntington Beach,City of Henderson and City of Baldwin Park Additional Insured status applies to requested entities if required by written contract per
the attached policy form(s)/endorsement(s).
APPROVED TO FORM
By:
4MIHArL E.GATES
CITY F iTORNFY
iG:pD0J BEACH
CERTIFICATE HOLDER CANCELLAT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Cityy of Huntington Beach
2000 Main Street AUTHORIZED REPRESENTATIVE
Huntington Beach CA 92648 e
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Switzer, Donna
From: Coggins, Celeste
Sent: Thursday,July 21, 2022 11:45 AM
To: Switzer, Donna
Subject: List of Consultants - Lorraine Mendez 300K contract
Attachments: List of Consultants.docx
This went out to bid on March 31, 2022 via Planet Bids.
Thanks,
Celeste Coggins
Admin Analyst
City of Huntington Beach
Community Development Department
Direct: 714-375-5157
1
List of Consultants—Proposals Submitted
1. Lorraine Mendez&Associates
Phone: 805-665-7310
2. Michael Baker International, Inc.
Phone: 562-200-7177
3. Wildan Engineering
Phone: 562-364-7600
Switzer, Donna
From: Coggins, Celeste
Sent: Wednesday,July 20, 2022 3:59 PM
To: Switzer, Donna
Subject: FW: Lorraine Mendez and RSG Contracts - authority to execute contracts over 100K
Hi Donna,
Here is an email that describes the situation and the process of confirming that we could include these contracts as part
of the CDBG Action plan.
If you need anything else, please let me know.
Thank you!
Celeste
From: Eckles,Janice<Janice.Eckles@surfcity-hb.org>
Sent: Monday,June 6, 2022 1:26 PM
To:Coggins, Celeste<celeste.coggins@surfcity-hb.org>
Subject: FW: Lorraine Mendez and RSG Contracts-authority to execute contracts over 100K
Hi Celeste,
Good news—see below. Mike said it is ok for us to sign the contracts under existing Council delegation of
authority. They do not need to go to Council.
Janice
From: Holtz,Steve<steve.holtz@surfcity-hb.org>
Sent: Monday,June 6, 2022 1:08 PM
To: Eckles,Janice<Janice.Eckles@surfcity-hb.org>
Cc: Kovac, Charles<charles.kovac@surfcity-hb.org>
Subject: RE: Lorraine Mendez and RSG Contracts-authority to execute contracts over 100K
Hi Janice,
Yes, I talked with Mike about it last week. He said it was ok for us to sign the contracts under existing Council delegation
of authority.
Steve
From: Eckles,Janice<Janice.Eckles@surfcity-hb.org>
Sent: Monday,June 6, 2022 10:56 AM
To: Holtz,Steve<steve.holtz@surfcity-hb.org>
Subject: FW: Lorraine Mendez and RSG Contracts-authority to execute contracts over 100K
Importance: High
Hi Steve,
1
Were you able to speak with Mike Vig about the Lorraine Mendez and RSG contract authority in the Annual Action
Plan? If not,we will need to take these agreements to Council. Should we plan on taking these to Council?
Thanks,
Janice
2