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HomeMy WebLinkAbout2011 CON Nan McKay & Associates - Technical AssitanceNOTE TO FILE 09-12-11 IN THE MATTER OF: Agreement by and between the City of National City and Nan McKay & Associates, Inc. in the amount not to exceed $3,600 for Technical Assistance to correct errors in audited Financial Data Schedule submission to the REAC for FY Ending 06/30/10 per the August 11, 2011 Rejection Letter from the REAC. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC Housing & Grants _ City Attorney _ Human Resources City Manager _ MIS Community Svcs. _ Planning Engineering _ Police Finance Public Works Fire X Section 8 *Note: Only two (2) of the four (4) signatures are original NTF CITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NAN MCKAY AND ASSOCIATES, INC. THIS AGREEMENT is entered into this'2'3 day of August, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NAN MCKAY AND ASSOCIATES, INC, a corporation (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide services as outlined in attached proposal, Exhibit "A". 2. Length of Agreement. The schedule is set forth below: a) Work to be started upon execution of this Agreement; and b) Work to be completed by August 26, 2011. 3, Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $3,600.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ( I If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of S1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrencel$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. Revised February 2009 D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 1I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V111 according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. Revised August 2011 2 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 1.1. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction.. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Revised August 201 1 --- Signature Page to Follow --- 3 IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY By: Chiiapata('C , Manager ARPROVED AS () FORM: dia G. Silva City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1.243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4259 Fax: (619)477-3747 Contact: Hermi Oliveria Title: Housing Programs Dep.: Email: Revised August 2011 NAN McKAY AND ASSOCIATES, INC. (Signatures of two corporate officers required) B v: Ravm6nd G. Adair Vice President of Finance & Senior Associate (Title} NAN MCI AY AND ASSOCIATES, INC. 1855 Gillespie Way El Cajon CA 92020 Phone: (800) 783-31.00 Fax: (619) 258-1855 Contact: Raymond G. Adair Title: Vice President & Senior Associate Email: Taxpayer I.D. No.: 4 n(4m PROVIDING TECHNICAL ASSISTANCE FOR Community Development Commission of National City TECHNICAL ASSISTANCE PROPOSAL/CONTRACT Resource Scope of Work Rate Estimated Hrs. Estimated Cost Sr. Financial Consultant Correct errors in the audited Financial Data Schedule (FDS) submission to the REAC for FYE 6/30/2010 per the August 11, 2011 rejection letter from the REAC. $150/hr. 16-24 $2,400 $3,600 NOTE: All work will initially be conducted remotely; however, Nan McKay and Associates, Inc. (NMA) reserves the right to work onsite if direct access to financial records is required In order for NMA to complete this work the following must be provided: 1. Your agency's REAC coordinator must grant access to the HUD secure systems for REAC Ills 114180 and 124926, with access to National City's REAC submission and to the Voucher Management System (VMS). 2. An electronic copy of the trial balance that was used to complete the Financial Data Schedule (FDS) which was submitted to the REAC. 3. A worksheet showing administrative fees earned for each month of the fiscal year. 4. A worksheet or other financial records showing how much was collected in fraud recovery during the fiscal year and the associated direct costs of recovery. 5. A worksheet showing the FSS program administrative expenses broken out by salaries, benefits and other FSS program costs. 6. A copy of the audit report for FYE 6/30/2010. 7. If you haven't done so, your audit report must be broken up into separate files so that each section of the audit can be uploaded to the FDS under the proper tab (financial statements, notes to the financial statements etc.). Contract Acceptance The parties indicate their acceptance of this document by signing this Technical Assistance Proposal/Contract at the appropriate space provided below. Additional Services Should any additional services related to the execution of this contract be required and approved by both parties in writing (e-mail acceptable), services will be billed to the Community Development Commission of National City at a rate of $150.00 per hour. Additional hours may be approved by authorized personnel of the Community Development Commission of National City. 2011 Nan McKay and Associates, Inc. 1 PROVIDING TECHNICAL ASSISTANCE FOR Community Development Commission of National City Governing Law The final Agreement shall be governed by and construed in accordance with the laws of the State of California and the laws applicable therein. Counterpart Please indicate the acceptance by an authorized person of the Community Development Commission of National City of the foregoing by signing two copies of this Technical Assistance Proposal/Contract and returning them to Nan McKay and Associates. Once these originals are received by NMA, they will be signed; one original will be returned to the Community Development Commission of National City, the second will be retained by NMA for project records. IN WITNESS WHEREOF, the Licensee and NMA have executed this Technical Assistance Proposal/Contract through their duly authorized officers this day of , 2011. For Nan McKay and Associates: For the Community Development Commission of National City: Date: Date: By: By: Signature Signature Raymond G. Adair Printed Name Vice President of Finance & Senior Associate Printed Name Title Title 2011 Nan McKay and Associates, Inc. 2 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 NCORPOR.Nr 4 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax NAN MCKAY & ASSOCIATES, INC. Technical Assistance Hermi Oliveria (Section 8) Forwarded Copy of Agreement to Consultant