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HomeMy WebLinkAboutAnnabelle V. Richards, CPA - 2000-12-18CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 19, 2001 TO: Annabelle V. Richards, CPA ATTENTION: Name 14336 Baker Street DEPARTMENT: Street Westminster, CA 92683 REGARDING: Amendment No. 1 City, State, Zip See Attached Action Agenda Item E-5 Date of Approval 7/ 16/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: C. Martin Admin. Serv. x x Name Department RCA Agreement Insurance Other R. Sedlak Admin. Serv. x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance ( Telephone: 714536-5227 ) 1y - c_ M A►�iN, ADM- OITY OF HUNTINGTON BEA 19 _ n, Swuk "M 1V, MEETING DATE: DEPARTMENT ID MBER: AS 01 016 Council/Agency Meeting Held: d7—Ib—ol Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerks Signature Council Meeting Date: Department ID Number: AS 01 016 CITY.OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI c C SUBMITTED BY: RAY SILVER, City Administrator ZZ PREPARED BY: Clay Martin, Director of Administrative Services d�nr. SUBJECT: Approve Amendment No 1. to the Professional Services Contract BeR the City of Huntington Beach and Anabelle V. Richards, CPA for AccAnt Services °D ? c-) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The continuation of the BEACH Project requires additional professional accounting services Funding Source: Adequate funds are available in salary accounts 10035201.51100 in the 2000-2001 approved Administrative Services budget. Recommended Action: Approve Amendment No 1. to the Professional Services Contract between the City of Huntington Beach and Anabelle V. Richards, CPA for Accounting Services in an amount not to exceed $20,000 and authorize execution by the Mayor and City Clerk. Alternative Action(s): • Do not approve the contract and contract for the services with someone else. • Work existing staff overtime annabelle's contract -2- 7/10/01 2:11 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: AS 01 016 Analysis: On December 18, 2000 the City Council approved a contract with Annabelle Richards, CPA, to perform accounting services. Ms. Richards was contracted as backfill for Administrative Services personnel -who :have been working on the B.E.A.C.H. Project. There is still one Sr. Accountant assigned full time to the B.E.A.C.H. Project. In February, 2001, the City Council approved the addition of funding for a Sr. Accountant for Administrative Services. Ms-. Richards' hourly rate is $45 and this amendment will allow her to work an additional 444 hours. It is anticipated that this will satisfy the backfill for accounting services. Environmental Status: N/A Attachment(s): RCA Author: Robert Sedlak, Principal Accountant annabelle's contract -3- 7/2/01 7:45 AM - = M .......... AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ANNABELLE V. RICHARDS, CPA, FOR ACCOUNTING SERVICES This Amendment No. 1 is made and entered into this ^1 6th day of J„l , 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Annabelle V. Richards, CPA, hereinafter referred to an "CONSULTANT." WHEREAS, the CITY and CONSULTANT are parties to that certain agreement, dated December 18, 2000, entitled "Professional Services Contract Between the City of Huntington Beach and Annabelle V. Richards, CPA, for Accounting Services" (hereinafter referred to as the "Original Agreement"); and WHEREAS, the term of the Original Agreement was for a period of one year, commencing on October 1, 2000; pursuant to which CONSULTANT was to be paid the total sum of $20,000.00; and WHEREAS, the parties mutually desire to extend the term of the Original Agreement to December 31, 2001, and to increase the total compensation to be paid to CONSULTANT from $20,000.00 to $40,000.00. CITY and CONSULTANT wish to amend the Original Agreement as follows: 1. Paragraph 3 ("TIME OF PERFORMANCE") of the Original Agreement is hereby amended to read as follows: "3. TIME OF PERFORMANCE The original term of this Agreement (October 1, 2000 to September 30, 2001) is modified and the ending date of this Agreement is extended to December 31, 2001. The modified term of this Agreement may be extended to a date beyond December 31, 2001 by another Amendment to this Agreement." 2. Paragraph 4 ("COMPENSATION") of the Original Agreement is hereby amended to read as follows: 664. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT, during the modified term of this Agreement (October 1, 2000 to December 31, 2001), a fee not to exceed Forty Thousand Dollars ($40,000.00)." RJW: Agree: Amend 1 AVRichards RLS 2001-0286 0 • 3. Reaffirmation. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. . I IN WITNESS WHEREOF;�the. .parties hereto have caused this Amendment No. 1 to be executed by and through their authorized -officers on the day, month, and year first above written. ANN LLE V. RICHARDS .CPA CITY 'OF HUNTINGTON BEACH, a o municipal corporation of the State of California Mayor ATTEST: City Clerk-19- APPROVED AS TO FORM: City Attorney u� REVIEWED AND AP ROVE INITIATE PROV City Administrator Dire f Administrative ervices: - 2 RJW: Agree: Amend 1 AVRichards RLS 2001-0286 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH ANNABELLE V. RICHARDS, CPA FOR ACCOUNTING SERVICES THIS Agreement is made and entered into this 18th day of . December 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY;" and Annabelle V. Richards, CPA, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform certain accounting services City's Finance Division; 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in CONSULTANT's Proposal dated September 19, 2.000 (hereinafter referred to as Exhibit "A"), and attached hereto and incorporated into this Agreement by this reference. These services. shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Annabelle V. Richards who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 00agree/annabell/12/8/00 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than one year from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Twenty Thousand Dollars ($20,000.00). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this Agreement, or the CONSULTANT's Proposal, the following order of precedence shall govern: 1) Agreement, 2) the CONSULTANT's Proposal. 6. 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. 00agree/annabell/12/8/00 2 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in . Exhibit "A." B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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 promptly approve the invoice, in which event payment shall be made within thirty \ 00agree/annabell/12/8/00 3 (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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized 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. 8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, 00agree/annabell/l 2/8/00 4 •. • whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Requirement waived by Settlement Committee on November 21, 2000 11. GENERAL LIABILITY INSURANCE Requirement waived by Settlement Committee on November 21, 2000 12. PROFESSIONAL LIABILITY INSURANCE Requirement waived by Settlement Committee on November 21, 2000 13. CERTIFICATES OF INSURANCE Requirement waived by Settlement Committee on November 21, 2000 14. 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 the CITY. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all 00agree/annabell/12/8/00 5 0 • 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 services to be performed hereunder. 15. 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 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 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of the CITY, become its property and shall be delivered to it by CONSULTANT. 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 17. 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. 18. 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. 00neree/annabell/12/8i00 6 19. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Administrative Services 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, addressed as follows: TO CITY: Director of Administrative Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 20. MODIFICATION TO CONSULTANT: Annabelle V. Richards, CPA 14336 Baker Street Westminster, CA 92683 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 21. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 22. SECTION HEADINGS. The titles, captions, section, paragraph, 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 maters 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. 00agree/annabell/12/8/00 7 0 0 23. 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 or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of 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. 24. 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 of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 00agree/annabelli 1 J8100 8 25. 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. 26. 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. 27. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE 00agree/annabell/12/8/00 9 • • 28. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement. between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ANNABELLE V. RICHARDS, CPA CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City A ministrator APPROVED AS TO FORM: Q� City Attorney �\ INITIAT 74Z7 APPROVED: ector o istrative Services 00agree/annabell/l2/8100 10 EXHIBIT A AH&EILEUICHARDS, CPA 14336 Baker St ♦ WestWrister. CA 9XM ♦ U.SA Phone 714 8994232 September 19, 2000' ' Mr. Dan Villella Director of Finance City of Huntington.Beach Huntington_Beach, Ca. 92648 Dear Dan: •••-••I am pleased to offer a proposal to provide the City of Huntington Beach with a continuation of my accounting services as a Consultant beginning October 1,- 2000 and terminated when they are no longer needed. This would be in the. same titled position of Principal Accountant and at a fee of $45.00 per hour. This increase is due to the necessity of my having to pay self-employment taxes. Billing will be on a monthly basis, with time sheets included. Hours will be a.maximum of 80 to 90 hours per month, depending on the assignments.to'be completed.. The above arrangement could be terminated at any time by the City and myself upon two week notice. If the above correctly sets forth your understanding, please sign and date. where indicated below and return a signed copy to me. The duplicate copy of this letter is for your records. APPROVED: City of Huntington Beach By. . Date: Sincerely, Annabelle V. Richards, CPA E%918I< A it 4� CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff MembeaA,d - 2. Date of Request 67 3. Name of Contractor/Pecmittee_ (,GVLa 4. Description of work to be performed 5. Value of Contract i--�Z(/� 6. Length of Contract �(�) 1() / -- -- 7. Type of Insurance Waiver or Modification Requested: ,%/ m !UxllL U/�'1 . �rY4_ (a) Limits: (b) Coverage 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? / 9. Reason for Request for Waiver or Reduction of Limitslt, '%✓�--- 10. Identify the risks to the City if this request for waiver or modifications granted Department Head Si (This section to be completed by Risk Manager) Recommendation: Approve/Deny Risk Manager's Signature/Date (This section to be completed by CityAttorney) Recommendation: Approve Deny City Attorney's Signature/Date Settlement Committee approval is •(is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attorne s Office to be placed on the agenda. Recommendation: Approve Deny City.Council approv [is is not] required for this waiver. If City Council approval is required, attach this form to the — RCA after considera ' the Settlement Committee. This insurance waiver [is not] on City Council agenda. . Reviewer's initials: j mplmislin swai ver13114100 RCA AOUTIN,G.IHEET INITIATING DEPARTMENT: Admin Svcs SUBJECT: Approve Amendment No 1. to the Professional Services Contract Between the City of Huntington Beach and Anabelle V. Richards, CPA for Accounting Services COUNCIL MEETING DATE: RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits .if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5;000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial L Not Applicable EXPLANATION FOR MISS ING,ATTACHMENTS �e z fiTy �.�� OF HUNTINGTON BEAC ) A*k Mk-t- MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionall Approved ❑ Denied _ -City Cie Signature Council Meeting Date: December 18, 2000 Department ID Number: -W CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS t' SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: CLAY MARTIN ACTING ADMINISTRATIVE SERVICES DIRECTOR " SUBJECT: PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND ANNABELLE RICHARDS FOR ACCOUNTING SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City is desirous of utilizing the services of Annabelle Richards, CPA, as an accounting services consultant. Funding Source: FY 2000/01 General Fund Recommended Action: Approve the waiver of insurance requirements as recommended by the Settlement Committee. City Council approval is not required for this contract because the value is under $20,000. Alternative Action(s): Do not approve the professional services contract with Annabelle Richards for accounting services. Analysis: Annabelle Richards was employed as .a Principal Accountant for the City until her retirement on April 2, 1999. The City is desirous of continuing to utilize Annabelle Richard's services as a consultant to perform certain accounting services for the Finance Division of Administrative Services. This is a sole source contract based upon Annabelle Richards' knowledge and history of the City's accounting procedures. This professional services contract is for the current fiscal year 2000/01 in an amount not to exceed $20,000. On November 21, 2000 the City's Settlement Committee had approved a waiver of all insurance requirements for this contract, which included workers compensation, professional and general liability, due to the minimal exposure/risk to the City Environmental Status: Not applicable I' (J Documents -2- 12/13/00 4:17 PM REQUEST FOR ACTION 0 MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: Attachment(s): RCA Author: Karen Foster Documents -3- 12/13/00 4:17 PM ATTACHMENT • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH ANNABELLE V. RICHARDS, CPA FOR ACCOUNTING SERVICES THIS Agreement is made and entered into this 18th day of December 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Annabelle V. Richards, CPA, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform certain accounting services City's Finance Division; 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 said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in CONSULTANT's Proposal dated September 19, 2000 (hereinafter referred to as Exhibit "A"), and attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Annabelle V. Richards who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 00agree/annabel I/ 12/8/00 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after. the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than one year from the date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Twenty Thousand Dollars ($20,000.00). 5. PRIORITIES In the event there are any conflicts or inconsistencies between this Agreement, or the CONSULTANT's Proposal, the following order of precedence shall govern: 1) Agreement, 2) the CONSULTANT's Proposal. 6. 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. 00agree/annabell/ 12/8/00 2 7. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A." B. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) 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 5) 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 promptly approve the invoice, in which event payment shall be made within thirty 00agree/annabell/12/8/00 3 • • (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 within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth.in Exhibit "A" .shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or:additional services authorized 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. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps, memoranda, letters and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, 00agree/annabell/12/8/00 4 whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 9. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its officers, .officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with CONSULTANT's 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. CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. 10. WORKERS' COMPENSATION INSURANCE Requirement waived by Settlement Committee on November 21, 2000 11. GENERAL LIABILITY INSURANCE Requirement waived by Settlement Committee on November 21, 2000 12. PROFESSIONAL LIABILITY INSURANCE Requirement waived by Settlement Committee on November 21, 2000 13. CERTIFICATES OF INSURANCE Requirement waived by Settlement Committee on November 21, 2000 14. 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 the CITY. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all 00agree/an nabel I/ 12/8/00 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 services to be performed hereunder. 15. 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 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 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the .option of the CITY, become its property and shall be delivered to it by CONSULTANT. 16. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the express written consent of CITY. 17. 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. 18. 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. 00agree/annabell/12/8/00 6 • • 19. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY's Director of Administrative Services 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, addressed as follows: TO CITY: Director of Administrative Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 20. MODIFICATION TO CONSULTANT: Annabelle V. Richards, CPA 14336 Baker Street Westminster, CA 92683 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement 22. SECTION HEADINGS. The titles, captions, section, paragraph, 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 maters 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. 00agree/annabell/12/8/00 7 23. 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 or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of 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. 24. 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 of the parties hereto shall retain an originally signed copy hereof. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 00agree/annabell/12/8/00 8 25. 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. 26. . 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. 27. ATTORNEY'S:FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.. REST OF PAGE 00agree/annabell/12/8/00 9 0 � 0 28. ENTIRETY The Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ANNABELLE V. RICHARDS, CPA CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California A"g'&V1'Z C/09 Cit�ministrator APPROVED AS TO FORM: ZL Q.\ 1 City Attorney INITIAT 7;Z7 APPROVED: ector of istrative Services 1p4 00agree/annabell/12/8/00 10 EXHIBIT A 2NABELLE V.R1 CHARD S CPA 14336 Bakff St ♦ Westiminister, CA 92683 ♦ USA Phone 714 899-4232 September 19, 200V Mr. Dan Villella Director of Finance City of Huntington -Beach Huntington Beach, Ca. 92648 Dear Dan: "'I am pleased to offer a proposal to provide the City of Huntington Beach with a continuation of my accounting services as a Consultant beginning October 1, 2000 and terminated when they are no longer needed. This would be in the same titled position of Principal Accountant and at a fee of $45.00 per hour. This increase is due to the necessity of my having to pay self-employment taxes. Billing will be on a monthly basis, with time sheets included. Hours will be a.maximum of 80 to 90 hours per month, depending on the assignments.to be completed. The above arrangement could be terminated at any time by the City and myself upon two week notice. If the above correctly sets forth your understanding, please sign and date. where indicated below and return a signed copy to me. The duplicate copy of this letter is for your records. APPROVED: City of Huntington Beach By: Date: Sincerely, Annabelle V. Richards, CPA EXNI(3ir if it L CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION Name/Title/Department of 2. Date of F 3. Name of Staff Membe 7a' 4. Description of work to be performed �/1L-LU 0t.. 5. 6. 7. 8. Value of Contract Y—", Length of Contract (a) Limits: / a��— (b) Coverage Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? 9. Reason for Request for Waiver or Reduction of rl u au d - t{--)t *L,„ 10. Identify the risks to the City if this request for waiver or modifications granted Department Head Si (This section to be completed by Risk Manager) Recommendation: Approve Deny Risk Manager's Signature/Date;f���� (This section to be completed by City Attorney) Recommendation: Approve Deny City Attorney's Signature/Date Settlement Committee approval is [is not] required for this waiver. If Settlement Committee approval is required, submit this form to City Attorne s Office to be placed on the agenda. Recommendation: Approve Deny City.Council approv [is is not] required for this waiver. If City Council approval is required, attach this form to the — RCA after considera ' the Settlement Committee. This insurance waiver [is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/ 14/00 -0 CITY OF HUNTINGTON BEACH K' � � ` ) M�t� MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: BMC Council/Agency Meeting Held: 2-- —� Deferred/Continued to: Approved . ❑ Conditionall Approved ❑ Denied �i-City Cle _ Signature Council Meeting Date: December 18, 2000 Department ID Number: --, CITY OF HUNTINGTON BEACH REQUEST FOR ACTION r `. SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS J SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR ON-' r' PREPARED BY: CLAY MARTIN ACTING ADMINISTRATIVE SERVICES DIRECTOR t SUBJECT: PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND ANNABELLE RICHARDS FOR ACCOUNTING SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City is desirous of utilizing the services of Annabelle Richards, CPA, as an accounting services consultant. Fundina Source: FY 2000/01 General Fund Recommended Action: Approve the waiver of insurance requirements as recommended by the Settlement Committee. City Council approval is not required for this contract because the value is under $20,000. Alternative Action(s): Do not approve the professional services contract with Annabelle Richards for accounting services. Analysis: Annabelle Richards was employed as a Principal Accountant for the City until her retirement on April 2, 1999. The City is desirous of continuing to utilize Annabelle Richard's services as a consultant to perform certain accounting services for the Finance Division of Administrative Services. This is a sole source contract based upon Annabelle Richards' knowledge and history of the City's accounting procedures. This professional services contract is for the current fiscal year 2000/01 in an amount not to exceed $20,000. On November 21, 2000 the City's Settlement Committee had approved a waiver of all insurance requirements for this contract, which included workers compensation, professional and general liability, due to the minimal exposure/risk to the City 3a3 Environmental Status: Not applicable Documents -2- 12/13/00 4:17 PM ll�" 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Professional Services Contract Between the City of Huntington Beach and Annabelle Richards COUNCIL MEETING DATE: December 18, 2000 RCA ATTACHMENTS STATUS ... ....._ .... .......... ................. ........ ..... Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by Cit ,Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $51000) Attached Bonds If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION F. ........................ OR MESSING ATTACHMENTS' ........ ..... .... EXPLANATION FOR' RETURN OF ITEM. 0 tie CITY OF HUNTINGTON BEACH Cal INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: C Date: 12_ Ov Meeting Date: /,f 11)V Agenda Item. G- r Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item.due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) 5. Wording On Request For Council Action (RCA) Unclear A Recommended Action on RCA not complete B Clarification needed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other✓ , p3 G:agenda/misdrealorm �i