HomeMy WebLinkAboutCC AG PKT 2010-07-12 #MAGENDA STAFF REPORT
DATE: July 12, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: APPROVE RELEASE OF REQUEST FOR PROPOSAL
(RFP) FOR HOUSING SERVICES
SUMMARY OF REQUEST:
Approve release of a Request for Proposal (RFP) for the City of Seal Beach
Housing Services.
BACKGROUND AND FACTS:
The City currently operates two separate housing programs: a Community
Development Block Grant (CDBG) funded program in Leisure World, and a
Home Improvement Program (HIP) funded through Redevelopment Agency set -
aside money. The City receives a $200,000 grant from Orange County
Community Resources (OCCR) to complete bathroom accessibility
improvements in Leisure World for qualifying residents. The HIP program is
funded through Redevelopment Agency housing set -aside funds and is available
to qualifying residents.
Civic Stone has been overseeing and managing the City's housing programs
since 1998. Staff is seeking to re -bid the contract to assure the City is getting the
most out of our housing program budget.
The following is an outline of the RFP process schedule:
• City Council Approves the RFP for Circulation July 12, 2010
• Housing Services RFP Circulated July 13, 2010
• Proposals Due August 3, 2010
• Interviews with three Best Qualified Firms August 9, 2010
• City Council Approval of Contract September 13, 2010
The attached RFP outlines the scope of services, minimum proposal
requirements, and selection criteria.
Agenda Item M
Page 2
FINANCIAL IMPACT:
The current contractor, Civic Stone, is paid through Redevelopment Agency
funds for managing both the Leisure World Program and the Home Improvement
Program. There are no General Fund costs incurred.
RECOMMENDATION:
It is recommended City Council approve the request for proposals (RFP) for the
Seal Beach Housing Services and authorize staff to solicit for proposals.
SUBMITTED BY:
Mark H. Persico, AICP
Director of Development Services
NOTED AND APPROVED:
David Carmany, City Manager
Attachment
A. Request for Proposal
REQUEST FOR PROPOSALS (RFP)
FOR
HOUSING SERVICES
Proposal Deadline: August 3, 2010 @ 2:00 PM
City of Seal Beach, City Hall
211 Eighth Street
Seal Beach CA 90740
Submit Proposals and Questions to:
Mark Persico, AICP
Director of Development Services
mpersico _ci.seal- beach.ca.us
Date Issued: July 13, 2010
TABLE OF CONTENTS
Section I ....................................................... ............................... Project Overview
Section II ................................ ............................... City of Seal Beach Background
Section III ......................................................... ............................... Scope of Work
Section IV ........................... ............................... Minimum Proposal Requirements
Section V ...................................................... ............................... Selection Criteria
Section VI ..................................................... ............................... Project Schedule
Section VII ........................ ............................... .....................Additional Information
Section VIII ........................ ............................... .....................Submission Deadline
Attachment A ....... ............................... Standard Professional Services Agreement
Request for Proposal Housing Services
Section I. Project Overview
The City of Seal Beach is requesting Proposals from qualified firms or individuals
for the management and oversight of two separate housing programs: a
Community Development Block Grant (CDBG Program) funded housing
rehabilitation program and a Redevelopment Agency funded Housing
Improvement Program (HIP).
Program 1 is a CBDG funded program involving bathroom accessibility
improvements in Leisure World. On July 1, 2010 the City began the third and
final year of the grant cycle, which totals $200,000 annually and is awarded by
Orange County Community Resources (OCCR). This is the second three year
grant the City has been awarded by OCCR. Later this year we anticipate
reapplying for another grant based upon the success of the last five years. The
table below shows activity over the last five years:
CDBG Funded Leisure World Program
Fiscal Year
Units Improved
FY 05 — 06
71
FY 06 — 07
96
FY 07 — 08
84
FY 08 — 09
80
FY 09 — 10
86
Total
417
Program 2 is a Home Improvement Program (HIP) funded through the Seal
Beach Redevelopment Agency's set -aside funds. Over the last three fiscal years
(FY 2007 -08, FY 2008 -09 and FY 2009 -10) the Agency has completed 33 single
family home and mobilehome remodel /renovation projects using $1,024,046 in
Agency set -aside funds.
The City of Seal Beach currently has a consultant managing the two housing
programs. The firm was hired in 1998 to manage and administer both programs.
At this point the City is seeking to re -bid the work to assure we are getting the
most out of our housing program budget. The newly selected firm /individual will
be required to meet monthly with the City's representative to provide updates on
progress in meeting program goals and objectives as outlined in the following
RFP. This document outlines the requirements, selection process and the
documentation necessary to submit a Proposal for this project.
Section II. City of Seal Beach Background
The City of Seal Beach is a Charter City located in Orange County, California.
Seal Beach sits on the coast as the gateway to Orange County between the
cities of Long Beach and Huntington Beach. With a population of 24,098, Seal
Beach will celebrate its 95th anniversary later this year. Governed by a five
member council, who are elected by district, the city operates under the
Request for Proposal Housing Services
1
council /city manager form of government. Seal Beach is the home of Leisure
World, a gated senior citizen community of almost 9,000 residents. The 5,256 -
acre Seal Beach Naval Weapons Station, which includes the 920 -acre Seal
Beach National Wildlife Refuge, comprises 2/3 of the land within the 13.23
square -mile City.
Section III. Scope of Work
The City is seeking a comprehensive Proposal that addresses the City's needs in
the following areas:
1. Conduct preliminary interviews to determine property owner's eligibility
status and desired improvements for dwelling unit.
2. Process applications for the Leisure World CDGB and HIP assistance to
eligible homeowners utilizing CDBG or Redevelopment set -aside funds.
3. Obtain all required supporting documentation including income
verification, value of property, condition of title, and credit worthiness of
applicant.
4. Conduct property inspections and prepare work write -up and cost
estimates.
5. Complete all applicable CDBG documents relating to the improvement
activities, inclusive of: lead -based paint requirements, historical
preservation review, etc.
6. Prepare specifications and bid documents, and review received bids with
the homeowner.
7. Approve selection of contractor, and prepare and execute documents for
home improvements.
8. Recoding of all loan documents, liens with Orange County Recorders
Office and Park Rental agreements with HCD.
9. Obtain contractor clearances for non - inclusion on the Federal Debarred
List and State Contractor's State License Board.
10. Conduct pre- construction conference to review all proposed work with the
homeowner and contractor.
11. Conduct progress inspections to ensure that work is proceeding in a timely
manner; and to authorize and process progress payments.
12. Execute and record Notice of Completion upon final inspections certifying
that the improvements have been completed in accordance with contract
requirements.
13. Acquire lien releases from contractors and subcontractors, obtain
homeowner's authorization for final payment, and execute close -out of
housing rehabilitation work by ensuring that permanent file contains
required documentation for CDC monitoring and audit purposes.
14. Prepare monthly progress reports to the City for both housing programs.
Request for Proposal Housing Services
2
Section IV. Minimum Proposal Requirements
Bidders must submit three signed copies and one CD copy of their Proposal.
Proposals should be brief, but still convey the bidder's competency. All Proposals
must address the following areas:
1. Technical Background
Describe the approach to be taken in addressing each of the items set forth in
the Scope of Work. This is to include a listing of the specific task identified, as
well as others which you feel are required to properly implement the program.
2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete
the Scope of Work. Brief resumes of all proposed project personnel must be
included. The proposal must indicate a staff representative assigned to act as
Project Manager, who will have primary responsibility for this program.
The City is also interested in understanding the bidder's internal document and
management controls. The Proposal must indicate if the staff assigned to the
project are employees or sub - consultants to the firm.
3. Related Experience
Bidders must be thoroughly competent and capable of satisfactorily performing
the scope of work covered by this proposal. A description of the firm's current
and prior related work experiences should be indicated, particularly with regard to
CDBG, Agency Set -aside funds and Title 25 (Mobilehome Park Act) experience.
Firms should show strong familiarity with CDBG, OC Community Resources, and
HUD programs, demonstrated experience in: conducting CDBG housing
rehabilitation programs and projects, reviewing and analyzing financial
documents, and in the CDBG project and program review process.
Three client references must be included, with a brief description of services
provided, dates of activity, and the name of a contact person and phone number
for each referenced job.
4. Past Working Relationships
The City requires all firms submitting a Proposal to disclose all personal,
professional or financial relationships with any officer or employee of the City.
5. Cost and Pricing
This section shall include the proposed staff hourly rates, plus overhead, travel
and additional project costs, along with a not to exceed amount covering the
Request for Proposal Housing Services
3
period of the agreement. Additionally, the proposal must indicate a commitment
on the part of the submitting individual or firm that total expenditures will not
exceed OC Community Resources mandated limits for program administration.
The cost Proposal should indicate separate costs for overseeing and managing
the two separate housing programs.
Section V. Selection Criteria
Proposals will be evaluated on the following factors:
1. Past Performance Record with both CDBG and Title 25 (Mobilehome Park
Act)
2. Staffing Capabilities including familiarity with
regulations.
3. Methodology and Approach-to Work
4. Internal Management and Document Controls
5. Overall Cost
6. Interviews
Section VI. Project Schedule
Below is the tentative project schedule:
• City Council Approves Release of the RFP
• Housing Services RFP Circulated
• Proposals Due
• Interviews with Most Qualified Companies
• City Council Approval of Contract
Section VII. Additional Information
applicable codes and
July 12, 2010
July 13, 2010
August 3, 2010
August 9, 2010
September 13, 2010
• The selected applicant should be aware that the City's Business License Tax
Ordinance requires that a Business License be obtained before any business,
trade, profession, enterprise, establishment, occupation, or calling is
conducted within the City.
• By submitting a response to this RFP, applicant waives all rights to protect or
seek any legal remedies or compensation regarding any aspect of this RFP or
the City's acceptance or rejection of it. The City reserves the right to reject
any and all proposals due to non - compliance with minimum requirements,
non - responsiveness, or cancellation of the bidding process. The City of Seal
Beach believes the information contained in the RFP to be generally correct.
No liability is assumed regarding the completeness or accuracy of the
information.
• The City of Seal Beach does not discriminate on the basis of (without
limitation) race, color, religion, or gender.
Request for Proposal Housing Services
4
• The City is not liable for any costs incurred by the applicant in preparing and
presenting the proposal.
• Please disclose all personal, professional or financial relationships with any
officer or employee of the City.
• Questions should be addressed to Mark Persico, AICP Director of
Development Services, at (562) 431 -2527 x. 1313 or at mpersico _ci.seal-
beach.ca.us
• For reference, the Standard Professional Services Agreement (PSA) is
included as an attachment to this RFP.
Section VIII. Submission Deadline
In order to be considered, the Applicant must submit three signed copies and one
CD copy of the Proposal to:
Mark Persico, AICP
Director of Development Services
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
Proposals must be received no later than 2:00 p.m. on August 3, 2010.
Request for Proposal Housing Services
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Attachment A
Standard City of Seal Beach
Professional Services Agreement
Request for Proposal Housing Services
PROFESSIONAL SERVICES AGREEMENT
FOR HOUSING SERVICES
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
10
[Consultant's Name]
[Consultant's Address]
[Consultant's Phone Number]
This Professional Service Agreement ( "the Agreement ") is made as of the day of
, 20_ (the "Effective Date "), by and between
( "Consultant "), a , and the City of Seal Beach ( "City "), a California
charter city, (collectively, "the Parties ").
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RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all Services under this Agreement in accordance
with the standard of care generally exercised by like professionals under similar
circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable.
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified
in the Scope of Services unless the City authorizes such work in advance and in writing.
The City Manager may authorize payment for such work up to a cumulative maximum of
$10,000. Payment for additional work in excess of $10,000 requires prior City Council
authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and shall
continue for a term of years unless previously terminated as provided by this
Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit _ for Services but in no event will the City pay more than
$ . Any additional work authorized by the City pursuant to Section 1.4
will be compensated in accordance with the fee schedule set forth in Exhibit _
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City will
pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents
or representatives to inspect at Consultant's offices during reasonable business hours
all records, invoices, time cards, cost control sheets and other records maintained by
Consultant in connection with this Agreement. City's rights under this Section 4.2 shall
survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2.
is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices
made when personally
States Mail, first class
addresses:
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permitted or required under this Agreement shall be deemed
delivered or when mailed 48 hours after deposit in the United
postage prepaid and addressed to the party at the following
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To City: City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant:
Attn:
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision. Consultant will determine the means, methods, and details of
performing the services. Any additional personnel performing services under this
Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Consultant shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of services under this Agreement and as required by law. Consultant shall
be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials,
officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liability, damages,
claims, costs and expenses of any nature to the extent arising from Consultant's
personnel practices. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a
result of Consultant's failure to promptly pay to City any reimbursement or
indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of the City. Consultant is fully responsible to City for the performance of any
and all subcontractors.
10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
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11.0 Insurance
11. 1. Consultant shall not commence work under this Agreement until it has
provided evidence satisfactory to the City that Consultant has secured all insurance
required under this Section. Consultant shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Agreement on forms
satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf,
and shall be on forms provided by the City if requested. All certificates and
endorsements shall be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the duration of
the Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of this Agreement. Insurance
is to be placed with insurers with a current A.M. Best's rating no less than A:VIII,
licensed to do business in California, and satisfactory to the City. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional
Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000
per occurrence for bodily injury, personal injury and property damage and if Commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile
Liability: $1,000,000 per accident for bodily injury and property damage; and
(3) Professional Liability: $1,000,000 per claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or Consultant
shall provide endorsements on forms supplied or approved by the City to state:
(1) coverage shall not be suspended, voided, reduced or canceled except after 30 days
prior written notice by certified mail, return receipt requested, has been given to the City;
(2) any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, (3) coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage and that any insurance or self - insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work; and (5) for automobile liability, that
the City, its directors, officials, officers, employees, agents and volunteers shall be
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covered as additional insureds with respect to the ownership, operation, maintenance,
use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard separation of
insureds provisions and shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and
volunteers.
11.5. Any deductibles or self - insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City, either:
(1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as
respects the City, its directors, officials, officers, employees, agents, and volunteers; or
(2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role of city
officials (collectively "Indemnities ") free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to
any acts or omissions of Consultant, its employees, or its agents in connection with the
performance of this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against lndemnitees,
Consultant shall defend lndemnitees, at Consultant's own cost, expense, and risk, and
shall pay and satisfy any judgment, award, or decree that may be rendered against
lndemnitees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents and /or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Consultant under this Section shall survive termination of this
Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non - discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
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14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self- insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any
contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
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20.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
City shall have the right, at its sole and absolute discretion, to terminate this Agreement
without further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited "conflict of interest" under applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing
party all of its attorneys' fees and other costs incurred in connection therewith.
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or
she is duly authorized to execute this Agreement on behalf of said Party and that by his
or her execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
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CITY OF SEAL BEACH CONSULTANT
By: By:
David Carmany, City Manager
Name:
Its:
Attest:
By:
By. Name:
Linda Devine, City Clerk
Its:
Approved as to Form:
IN
Quinn Barrow, City Attorney
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