HomeMy WebLinkAboutBest, Best & Krieger LLP - 2003-01-17J Su ity Contracts Checklist for Submittal to
j City Clerk's Office
\ Hunt peach -
(Please transmit this form when your contract is ready to be filed in the City Clerk's office)
To: Connie Brockway, City Clerk
x5404
1. Name of Contractor: 6�' �, �" !� f /E� e/Z,
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake— Huntington Central Park
Tp r`e/� rc-C en- ire �'Ay C?%,rz X �.r` u se elt v-, )4/-ed
3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your
department if the file is ready to inactivate.
30 f 21006
4. Amount of Contract: (D vw�_ $ S0.j 000
A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES )(NO
B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested — pursuant to HBMC 3.03.100? 9 YES ❑ N/A
OR Is the attached contract a SOLE SOURCE? ❑ YES t%N/A
C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? YES
PLEASEINCLUDE:
Mtn i Gue�re. X S8a7
Name/Extension
Departm nt
Date
CITY CLERK'S OFFICE USE ONLY:
g:/forms/city clerk contract checklist.doc
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BEST BEST & KRIEGER LLP
FOR
FOR LEGAL ADVICE AND REPRESENTATION OF
THE CITY CLERK
Table of Contents
Scope of.Services
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Reserved...................................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional LiabilityInsurance .............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................6
City Employees and Officials..................................................................................7
Notices.........................................................................................
7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.................................................................
Entirety....................................................................................................
..................10
0
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BEST BEST & KRIEGER LLP
FOR
FOR LEGAL ADVICE AND REPRESENTATION OF
THE CITY CLERK
01
THIS AGREEMENT ("Agreement") is made and entered into this 17 day of
Gtn uc. s 2003, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and BEST BEST &
KRIEGER, LLP, a limited liability partnership, hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to represent the
City Clerk in the case entitled City Council, Petitioner v. Rosalyn Lever, Registrar of
Voters, Respondent and Scott Baugh, Real Parry -In -Interest, Orange County Superior
Court Case No. 02CC 14276; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
G:\AGREEMT%200T.B13&K - Cite v. Haugh_doc I
CONSULTANT hereby designates SONIA RUBIO CARVALHO who
shall represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign -a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; 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 by CITY (the
"Commencement Date"). This Agreement shall expire on January 30, 2006, unless sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed in a
timely and professional manner.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated into this Agreement by this
reference.
5. RESERVED
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement.
G:'-AGREEMT,2003!BB&K - Citv v. Baueh.doc 2
�J
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computercode, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, .damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided 'by
CONSULTANT.
G AAGREGMM003UM&K - Citv v. Baugh.doc 3
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional Iiability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
WAGREE K1T%2003`d3B&,K -City v. Baugh.doc 4
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
GAAGREEMP-20031:1313RIi - City v_ Baugh.doc 5
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the -PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
G::AGREEM7;2003`: M&K -City v. Baugh.doc 6
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
- hereinabove) or to CITY as the. situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN.: Scott Field, Asst. City Attorney
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Best Best & Krieger LLP
ATTN: Sonia Rubio Carvalho, Esq.
5 Park Plaza, Suite 1500
Irvine, California 92614
G:IAGREEMT%20031BB&K - City v. Baugh.doc
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in wmiting and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
G:!AGREEMT�003\BB&K - City v. Baugh.doc 8
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary -to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
G:IAGREEM'R20031[3 &K - City v- Baugh.doc 9
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall- bear its own attorney's fees; such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone -acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
GAACiREEh17120031BB&K - City v. Baugh Am 10
•
•
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
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.
CONSULTANT,
BEST BEST & KRIEGER LLP,
a limited liability partnership
By: ti
Soli iC�. !` .
print name
Its General Partner
G:%AGREEMr-20035BB&K - City v. Baugh.doc
11
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
65771a,7
City Attorney
7(Pursuant to 1-1BX4C §3.03.100)
V
APPROVED AS TO,FORM: C
City Attorney
REVIEWED AND APPROVED:
City Administrator
(only for contracts over 550, 000.00)
•
EXHIBIT #A
0
EXHIBIT"All 0
A. STATEMENT OF WORK: (Narrative of work to be performed)
Consultant to represent the Huntington Beach City Clerk in the case entitled City
Council, Petitioner v. Rosalyn Lever, Registrar of Voters, Respondent and Scott Baugh,
Real Party -In -Interest, Orange County Superior Court Case No. 02CC14276.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Not Applicable
C. CITY'S DUTIES AND RESPONSIBILITIES:
Not Applicable
D. WORK PROGRAMIPROJECT SCHEDULE:
Not Applicable
G:IAGREEM71M00311Ili v. Lever-ExA.doc
EXHIBIT #B
0 EXHIBIT "B" •
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
B. Travel
$200/hr - Sonia Carvalho, Partner
$200/hr -Jeffrey Dunn, Partner
$175/hr - Marco Martinez, Senior Associate
$175/hr - Kevin Collins, Associate
Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to Thirty -Six Cents (50.36) per mile. All other
travel expenses must be approved in advance by CITY in writing. Requests for
approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
1. All billing shall be done mo_ _ nthly in one -tenth -hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a
glance, the total fees and costs incurred to date for the case or matter.
GAIAGREEMM003114B v. Lever-ExB.doc EXHIBIT B 1
Hourly Payment
EXHIBIT "B"
Payment Schedule (Hourly Payment)
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication, or Ten Cents (S0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT's
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for computer research word processing charges. This includes
per page or hourly charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. 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.
9. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTAI`T's firm
that the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
G:`.AGREEMT200341B v. Lever-ExB.doc EXHIBIT B 2
Hourly Payment
• EXHIBIT "B"
Payment Schedule (Hourly Payment)
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this
Agreement, CITY shall approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not
be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify
CONSULTANT in writing of the reasons for non -approval and the schedule of
performance set forth in Exhibit "A" may at the option of CITY be suspended until
the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement has expired or is terminated as
provided herein.
10. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended
and hourly rate charged for such time. Such invoices shall be approved by CITY if
the work performed is in accordance with the extra work or additional services
requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated
as separate and apart from the ongoing performance of the remainder of this
Agreement.
G:''AGREPOT`-?003" lB v. [.ever-£xB.doc EXHIBIT B 3
Hourly Payment
0 0
PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: SCOTT FIELD, Assistant City Attorney
2. Date: March 3, 2003
3. Name of consultant: Best Best & Krieger
RAC
4?s 1oa3 �
4. Description of work to be performed: For Legal Advice and Representation of the
City Clerk in the case entitled City Council, Petitioner v. Rosaln Lever, Registrar of
Voters, OCSC, Case No. 02CC14276
e<
5. Amount of the contract: $50,000.00
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10015301.69375
8. Is this contract generally described on the list of professional service contracts
approved by the City Council'? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
Explanation:
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
01ARD ADRIL, Manage
Purchasing/Central Services
If the answer to any these questions is "No," the contract will require approval from the City Council.
Document2 212W2003 4:51 PM
s
Ja
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: Jennifer McGrath, City Attorney
FROM: Scott Field, Assistant City Attorney
DATE: January 22, 2003
SUBJECT: Huntington Beach City Council v Baugh
We have received excellent responses to our Request for Qualifications for an attorney to
represent the City Clerk in the above -entitled matter. In all three cases, the firms have extensive
experience in election disputes. The firms are follows:
1. Jones & Mayer — The attorneys representing the Clerk would be Kimberly Barlow
(partner) and Krista MacNevin Jee (associate). Ms. Barlow is the- head of the
firm's litigation department. The firm would charge us a blended rate of $195 per
hour.
2. Best, Best & Krieger — Jeffrey Dunn (partner), $200 per hour; Sonia Carvalho
(partner), $200 per hour; Kevin Collins (associate), $175 per hour; Marco
Martinez (senior associate), $175 per hour. I expect that Sonia Carvalho would
be representing us in this matter. She has extensive experience representing the
City of Claremont in election disputes.
3. Burke, Williams & Sorensen — Cheryl Kane (partner), $215 per hour; Malathy
Subramanian (associate), $ 165 per hour. I previously worked with Cheryl Kane
and know her to be an excellent attorney. She has extensive experience in
election disputes.
All three firms are excellent. Their rate structures are verycomparable. My only suggestion
p Y gg
would be that if we hire Burke, Williams & Sorensen, then I would adjust their mileage to reflect
Orange County travel time.
We have used all three firms in the recent past and/or currently.
Scott Field
Assistant City Attorney
GAFIELD12003 ,%]emos\HB City Council v. Baugh.doc
O INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Scott Field, Assistant City Attorney
2. Date: March 25, 2003
3. Name of contractor/permittee: Best Best & Krieger
4. Description of work to be performed: For Legal Advice and Representation of the City
Clerk.
5. Value and length of contract: Over $50,000 - January 30, 2006
6. Waiver/modification request: Wavie the 30-day cancellation notice.for Prof. Liability.
7. Reason for request and why it should be granted: The law firm's insurance carrier will not
change the cancellation clause.
8. Identify the risks to the City in approving this waiver/modification: Low, if any.
JD artment Head Sin ture Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
1. Risk Management %
,Q Approved ❑ Denied;,
'7 Signature Date
2. Ci Attorney's Office
Approved ❑ Denied
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
DocumenQ 3/25/2003 9:05 AM
03/25/2003 08:41 FAX 909 686 308a BEST BEST & KRIEGER 10002
Certificate of insurance
I of 1 #50490
LN- Agency Name and Adaress: ITHIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice - INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2244 West Coast Highway, Suite 200 NOT AMEND, E)CrEND OR ALTER THE COVERAGE
Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW. -
Insureds Name and Address: Ccmpanles Attordln0 Policies:
ALLoyd's of London Companies
Best, Best & Krieger, LLP 9•
3750 University, Suite 400
Riverside) CA 92502 0
Alm: Coleen E
Fax: - 083 F.
THIS, IS TO CERTIFY THAT POLICIES or INsuRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA-Eo-
Description,of Opera tions/LocatlonsNehsicles/Restrio tions/Special i',ems.
EVIDENCE OF INSURANCE
Certificate Holder:
I
t City of Huntington Beach
' Xnn: Gal! Hutton, City Attorney
[000 Main St.
Huntington Beach, CA 92648
THe AGGREGATE UMR IS T*IE TOTAL INSURANCE AVAILAaLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE WSURED.
CANCELLATION;
SHOuLO ANY OF THE ABOVE CESCRIBED POUGES BE CANCELED BEFORE 74C EXPIRATION
DATE THEREOF. THE ISSUINO COmPANY. ITS AGENTS OR REPRESENTATIVES WILL MAIL 10
DAYS WRITTEN NOTICE TO THE CERIFICATS HOLDER NAMED TO THE LEFT. EXCEPT IN
T}+E EVENT OF CANCELLAYION MA NON-PAYMENT OF PREM°UM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
ee-
05/22/02
- MPR-25-2Oe3 Ia8- 5< Sag IS% 30-Q3 98% P. a2
•
•
Brockway, Connie
From:
Sent:
To:
Brockway, Connie
Friday, April 04, 2003 2:47 PM
McGrath, Jennifer
Jennifer - Please let me know if a typo has been made on the Best Best and Krieger Agreement. Because the expiration
date is 2006 and the Special election is going to be (if held) in March 2004.
Also the amount is $50,000 and I need to know how I will participate in this contract - for the years 2003, 2004 and 2005.
As the districting issue will be over at the latest November 2004.
Thanks,Connie
���,/ F.,. 4 le .
Approved as an exception to the Ralph M. Brown Act
Huntington Beach City Council V.
Connie Brockway, City Clerk;
Subject: and Scott Baugh 4JNIE-IR
McG ATH, CiAttory �12
10
STATEMENT FOR MAYOR PRIOR TO CLOSED SESSION
ACTION OF CITY COUNCIL
Dater February 3, 2003
1. X MOTION TO RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) TO
CONFER WITH ITS ATTORNEY REGARDING PENDING LITIGATION WHICH HAS BEEN INITIATED FORMALLY
AND TO WHICH THE CITY IS A PARTY. (CHECK ONE.)
X The title of the litigation is Huntington Beach City Council v. Connie Brockway, City Clerk,
and Scott Baugh;Orange County Superior Court Case No. 02CC14276.
Identification of such litigation would jeopardize the City's ability to effect service of process upon one or more
unserved parties: or
Identification of such litigation would jeopardize the City's ability to conclude existing settlement negotiations to
its advantage.
2. MOTION TO RECESS TO CLOSED SESSION TO CONFER WITH ITS CITY ATTORNEY REGARDING PENDING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION:
54956.9(b)(3)(A) (Fads and circumstances that might result in litigation against the local agency but which
the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts .
and circumstances need not be disclosed.)
Number of Potential Cases
54956.9(b)(3)(B) (Fads and circumstances, including, but not limited to, an accident, disaster, incident, or
transactional occurrence that might result in litigation against the agency and that are
known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly
stated on the agenda or announced.)
54956.9(c) (Based on existing facts and circumstances, the legislative body of the local agency has
decided to initiate or is deciding whether to initiate litigation.)
Number of Potential Cases
3. MOTION TO RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8 TO GIVE
INSTRUCTIONS TO THE C17Y'S NEGOTIATOR, , REGARDING NEGOTIATIONS WITH
CONCERNING THE PURCHASE / SALE / EXCHANGE / LEASE OF THE PROPERTY LOCATED AT
Instruction will concern: Price. Terms of Payment- Both
4. MOTION TO RECESS TO CLOSED SESSION TO MEET WITH ITS DESIGNATED REPRESENTATIVES
REGARDING LABOR RELATIONS MATTERS PURSUANT TO GOVERNMENT CODE SECTION 54957.6.,_
Agency Negotiator: o c
Name
Employee Organizations L
Unrepresented Employees
rrY _
5. MOTION TO RECESS TO CLOSED SESSION TO CONSIDER PERSONNEL MATTERS PURSUANT TO
GOVERNMENT CODE SECTION 54957.
6. MOTION TO RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.7"TO MEET
WITH AN APPLICANT FOR A CITY LICENSE AND THE APPLICANTS ATTORNEY. n
7. MOTION TO RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 TO MEET
WITH THE CHIEF OF POLICE REGARDING MATTERS OF PUBLIC SECURITY.
VOTE: